Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p28
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 85665–88940

obtained in connection with the supply or acquisition of Eligible Facilities, but does not include information which:
              (a)    is or becomes part of the public domain (other than through any breach of the relevant agreement by the other Carrier or of an obligation of confidence to a third party); or
              (b)    is rightfully received by the other Carrier from a third person (except where that party knew or should have reasonably known that the information was obtained in breach of an obligation of confidentiality or where the third person was under a duty of confidentiality to the relevant Carrier in respect of the relevant information).

         Confidentiality Agreement means the confidentiality agreement
         required by the Access Provider in its Information Package.

         Currently Planned Requirements means genuine plans for the
         future use of an Eligible Facility by a First Carrier where those plans
         include commencing:

           •  ordering and/or installing Equipment on or in an Eligible
           Facility; or

           •  obtaining landlord or government approval, where such
           approval is necessary for use of an Eligible Facility

         within 36 or 12 months of the date of a Facilities Access
         Application if the First Carrier has or has not participated in
         a Co-location Consultation Process respectively. The ACCC may
         also consider a First Carrier to have Currently Planned
         Requirements in other circumstances and may make such
         a determination on a case-by-case basis.

         Detailed field study means a field study as defined by Annexure A or Annexure B of this Code (as appropriate).

         Draft Construction and Work Plan is a plan prepared by the
         Second Carrier for the undertaking of the Make Ready Work
         required to provide access on or in an Eligible Facility and includes
         a construction timetable and its Work Plan.

         Eligible Facility is a term intended to collectively
         refer to telecommunications transmission towers, sites
         of telecommunications transmission towers and eligible
         underground facilities specified in clauses 33, 34 and 35
         respectively of Part 5 of Schedule 1 to the Telecommunications Act 1997.
         Clause 31 of Part 5 provides that a 'telecommunications transmission tower' means a tower, a pole, a mast or a similar structure used to supply a carriage service by means of radiocommunications.  That same clause provides that a 'site' means land, a building on land or a structure on land. An 'eligible underground facility' means an underground facility that is used, installed ready to be used, or intended to be used, to hold lines.

         Equipment includes :

           (a)  antennae, microwave dishes or satellite dishes;

           (b)  associated transmission Equipment, power plant (including
           standby power), and air conditioning plant;

           (c)  associated feeders, waveguides and waveguide pressuring
           Equipment;

           (d)  related cabling;

           (e)  prefabricated modules, risers or other structures housing any
           of the above;

           (f)  cable gantries;