Document ID: chunk:federal_register_of_legislation:F2019L01248:reg:8:p1
Version: federal_register_of_legislation:F2019L01248
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 7112–9818

8  Notification of disputes

Notification requirements
 (1) An access seeker or access provider may notify the ACCC in writing that a dispute exists if the access seeker and access provider are unable to agree about the terms and conditions on which access is, or is to be, given to:
 (a) a broadcasting transmission tower; or
 (b) a site of a broadcasting transmission tower; or
 (c) a designated associated facility situated on, at, in or under:
 (i) a broadcasting transmission tower; or
 (ii) the site on which a broadcasting transmission tower is situated.
Example: An access seeker and access provider are unable to agree about:
(a) the price, or the method establishing the price, at which access is to be provided; or
(b) whether a previous determination should be varied.
 (2) The notification must include the following information:
 (a) the name of the person notifying the dispute (the notifier) and, if the notifier is not an individual, the name and address of an individual who represents the notifier;
 (b) the notifier's address for the delivery of documents in relation to the notification;
 (c) whether the notifier is the access seeker or access provider;
 (d) if the notifier is the access seeker—the name and address of the access provider;
 (e) if the notifier is the access provider—the name and address of the access seeker;
 (f) the provision of the Act that requires the access to be given;
 (g) a description of the dispute, including:
 (i) whether the dispute is about varying existing terms and conditions of access and, if it is, a description of the existing terms and conditions; and
 (ii) each aspect of the terms and conditions on which the access seeker and access provider are able to agree; and
 (iii) each aspect of the terms and conditions on which the access seeker and access provider are unable to agree;
 (h) a description of any effort that has been made to resolve the dispute, including efforts to appoint an arbitrator in accordance with paragraph 47(1)(b), 47(1A)(b) or 47(2)(b) of Schedule 4 to the Act;
 (i) if the parties have failed to agree on the appointment of an arbitrator—confirmation of the failure to agree;
 (j) any other information that the notifier considers relevant (such as the name and address of a person that the notifier considers may have an interest in the dispute).
 (3) A contravention of subsection (2) does not affect the validity of a notification.

Parties to the arbitration
 (4) When the ACCC receives the notification, it must give written notice of the dispute as follows:
 (a) if the access seeker notified the dispute—to the access provider;
 (b) if the access provider notified the dispute—to the access seeker;
 (c) if