Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p51
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 156458–159809

Draft Construction and Work Plan must include a
            structural and electro-magnetic radiation analysis and follow
            the carrying out of physical inspections.

           (5)  The Second Carrier must design the replacement Tower
            to accommodate its Equipment and the First Carrier's
            Equipment and must not unreasonably refuse to
            accommodate the First Carrier's reasonable requirements
            as to its future Equipment.

           (6)  The Draft Construction and Work Plan is subject
            to acceptance by the First Carrier, which is not to be
            unreasonably withheld, and the Second Carrier must give
            reasonable consideration to any amendments to that Plan
            that the First Carrier may request.

           (7)  Unless the First Carrier notifies the Second Carrier in writing
            within:

              (a)  fifteen Business Days in the case of a PMTS tower; or

              (b)  twenty five Business Days in all other cases,

           of the receipt of the Draft Construction and Work Plan that
           it does not wish to proceed on the basis of that plan, it will be
           deemed to have accepted the Draft Construction and Work
           Plan and the Draft Construction and Work Plan will become
           the Final Construction and Work Plan.

           (8)  As part of the formulation of the Final Construction and
            Work Plan, the parties must agree, subject to sub-clause
            2.2(9) of Schedule A2, on assigned places on the Tower
            and/or Tower Site for each Carrier to locate its own
            Equipment and a timetable for the installation of Equipment.

           (9)  The First Carrier has the right to put its Equipment at the top
            of the Tower and anywhere not reserved in the Final
            Construction and Work Plan to a Second Carrier.

           (10)If the Draft Construction and Work Plan is rejected, the First
            Carrier must give its reasons for such rejection and the
            Second Carrier may revise the Draft Construction and Work
            Plan and resubmit it in accordance with sub-clause 2.2(3).

           (11)The First Carrier may reject the Draft Construction and Work
            Plan only if:

              •  it is inconsistent with the proposal or plans provided
               as part of the Facilities Access Application; or

              •  the plan is not prepared in accordance with standard
               industry practices and/or standards, or, if the First
               Carrier has higher standards or practices which are
               reasonable, in accordance with the First Carrier's
               standards or practices; or

              •  it is likely to cause operational difficulties; or

              • it was not prepared by a suitably qualified and
               experienced engineer.

           In the event that agreement cannot be reached between the
           First and Second Carrier on the Draft Construction and Work
           Plan, the Carriers must engage in dispute resolution, as set out
           in Chapter 2 of the main Code.

            2.3  Conduct of Make Ready Work

           (1)  Unless otherwise agreed by the parties, the Second
            Carrier must bear the costs of