Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p21
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 64347–67644

new or additional
              Equipment;

           then that other Carrier must remedy that breach as soon
           as possible and, in any event, within 24 hours.

           (4)  If, within 48 hours of receiving notification of the
           interference, a Carrier is not able to reasonably demonstrate
           to a Notifying Carrier that interference is not being caused
           by that Carrier's use of the Eligible Facility, the Carriers must
           make reasonable endeavours to appoint an independent
           expert to determine the cause of the interference and,
           if caused by either Carrier, how the interference is to
           be eliminated.

           (5)  If the determination of the independent expert is that
           a Carrier is causing the interference and eliminating such
           interference requires removing or relocating that Carrier's
           Equipment, that Carrier must do so within 48 hours of the
           independent expert notifying the Carrier of its determination.

           In the case of a Tower and/or Tower Site, the First Carrier must,
           at the expense of the Second Carrier, accept a surrender
           or a variation of the Tower Sub-Lease and/or Tower Site
           Sub-Lease if such surrender or variation is reasonably required
           as a result of the determination of the independent expert.

            5.5  Indemnity in respect of property damage

           (1)  In relation to matters of, and relating to, liability between
           the Carriers not governed by the terms of any agreement,
           a Carrier which, through its acts or omissions (whether
           negligent or otherwise), causes damage to the Eligible
           Facility or the Equipment of another Carrier in use on or
           in an Eligible Facility, then that Carrier must indemnify the
           other Carrier against such damage to its Eligible Facility or its
           Equipment and any reasonable costs or expenses associated
           with such repair or replacement.

           (2)  Pursuant to sub-clause 5.5(1), in the event that Carriers are
           unable to agree on costs or expenses, Carriers must engage
           in dispute resolution, as set out in Chapter 2 of the main
           Code.

            5.6  Third Party User Equipment

           (1)  The Second Carrier must acknowledge that the First Carrier
           may agree to a Third Party User installing its Equipment on
           or in an Eligible Facility provided that the Third Party User's
           Equipment does not interfere in a material way with any of
           a Second Carrier's Equipment. Where there is a significant
           risk to the integrity of the Second Carrier's network, the First
           Carrier must consult with a Second Carrier sharing the same
           Eligible Facility to ensure that there is no interference with
           a Second Carrier's Equipment.

           (2)  The First Carrier must require a Third Party User to agree
           to comply with terms consistent with clause 5.4 of the Code
           in relation to the Third Party User's use of the Eligible Facility
           and, further, that agreement must include suitable
           indemnities by the Third