Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p32
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 97463–100842

Eligible Facility other than
         a First or Second Carrier.

         Tower means a 'telecommunications transmission tower'
         as defined in clause 31 of Part 5 of Schedule 1 of the
         Telecommunications Act 1997.

         Tower Sub-Lease means a sub-lease or other right of occupation
         granted to the Second Carrier by the First Carrier which permits
         that Carrier to install its Equipment on the Tower as permitted
         by this Code.

         Underground Facility means an underground facility that is used,
         installed ready to be used, or intended to be used to hold lines.

         Work Plan means a plan prepared by the Second Carrier detailing
         the method and procedures that the Second Carrier will use
         in installing its Equipment on or in an Eligible Facility. A Work
         Plan would be included in a Second Carrier's 'Draft Construction
         and Work Plan' where it proposes to undertake the Make Ready
         Work on or in an Eligible Facility.

            6.2  Interpretation

         In the Code, unless the context otherwise requires:

           (a)  headings are for convenience only and do not affect the
           interpretation of the Code;

           (b)  words importing the singular include the plural and vice
           versa;

           (c)  words importing a gender include any gender;

           (d)  an expression importing a natural person includes any
           company, partnership, trust, joint venture, association,
           corporation or other body corporate, and any other
           government agency;

           (e)  a reference to any thing includes a part of that thing;

           (f)  a reference to a chapter, condition, clause, schedule or part
           is a reference to a chapter, condition, clause, schedule or
           part of the Code;

           (g)  a reference to any statute, regulation, proclamation, order
           in council, includes all statutes, regulations, proclamations,
           orders in council, varying, consolidating, re-enacting,
           extending or replacing and a reference to a statute includes
           all regulations, proclamations, orders in council, by-laws
           and determinations issued under that statute;

           (h)  a reference to a person includes that person's executives,
           administrators, successors, substitutes (including, without
           limitation, persons taking by novation) and permitted
           assignees;

           (i)  period of time which:

              (i)  dates from a given day or the day of an act or event
              is to be calculated exclusive of that day; or

              (ii)  commences on a given day or the day of an act or event
              is to be calculated inclusive of that day;

           (j)  a reference to a Carriers' Equipment includes Equipment that
           it owns, operates or controls; and

           (k)  any event which is to occur on or by a stipulated day which
           is not a Business Day may occur on the next Business Day.

ANNEXURE A.

TELECOMMUNICATIONS
TRANSMISSION TOWERS AND
SITES OF TOWERS

Part 1.—  Preliminary Assessment of Access

            1.1  Exchange of information

            (1)  Where the Second Carrier wishes to explore the sharing
            of an Existing Tower and/or Tower