Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p16
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 48745–52041

Work which might significantly interfere with;

              •  the delivery of carriage services supplied by other
              Carriers; or

              •  any Equipment of Third Parties located at, on or in an
              Eligible Facility such that the performance level of the
           Equipment or Eligible Facility falls below accepted
           industry standards.

           (5)  The First Carrier is required to perform Make Ready Work
           only if:

              •  Carriers agree, or it has been independently determined
              that, the Second Carrier or its representative is not
              qualified to perform the MRW on or in a particular
              Eligible Facility; or

              •  there are no qualified contractors who are able
              to perform the Make Ready Work within a reasonable
              timeframe requested by the Second Carrier.

           Note:  Schedule A1 of this Code sets out the administrative and operational
           procedures which are to apply if the First Carrier
           is to carry out Make Ready Work for access to Towers and Tower
           Sites. Schedule B1 of this Code sets out the administrative and
           operational procedures which are to apply if the First Carrier is to
           carry out Make Ready Work for access to Underground Facilities.

           (6) If the Make Ready Work involves moving or working on
           Equipment of the First Carrier, or a Third Party User, then the
           First Carrier may choose to carry out the Make Ready Work
           relating to that Equipment.

           (7)  If the First Carrier exercises its right pursuant to sub-clause
           4.4(6), then the Carriers must meet to discuss the extent
           to which each party will contribute to the Draft Construction
           and Work Plan and perform the Make Ready Work. If Make
           Ready Work is to be performed by both the First Carrier and
           the Second Carrier, then the Carriers must agree on
           a procedure which is a combination of Schedules A1 and
           A2 for Towers and/or Tower Sites or Schedules B1 and B2 for
           Underground Facilities.

           Note:  The Draft Construction and Work Plan for Towers and/or Tower Sites
           is defined in sub-clause 1.1(2) of Schedule A2 of Annexure A and for
           Underground Facilities in sub-clause 1.1(2) of Schedule B2 of
             Annexure B.

           (8)  Further to sub-clause 4.4(7), in the event that Carriers are
           unable to agree on a procedure, Carriers must engage in
           dispute resolution, as set out in Chapter 2 of the main Code.

            4.5  Co-location Consultation Process

           (1)  Carriers may choose to initiate or participate in
           a Co-location Consultation Process, as defined in this clause,
           in relation to the development of a new Eligible Facility
           or Facilities.

           Note:  Clause 38 of Part 5 of Schedule 1 of the Act requires Carriers,
           in planning the provision of future carriage services,
           to co-operate to share sites and eligible underground facilities.

           (2)  A Co-location Consultation Process involves a Carrier
           (Requesting