Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p18
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 54858–58357

the dispute in
           accordance with chapter 2 of the main Code.

           (7)  If a request, under sub-clause 4.5(2), or a Sharing Proposal,
           under 4.5(4), is rejected:

              (a)  if requested, the rejecting Carrier must produce
              a written explanation of why it has rejected the request
              or Sharing Proposal;

              (b)  following (a), the rejecting Carrier or the Requesting
              Carrier may request a meeting to discuss the reasons for
              the rejection. If such a request is made, the Carriers
              must meet within five Business Days and must use their
              reasonable endeavours to develop an amended Sharing
              Proposal or a strategy for managing the sharing of the
              Site or Facility which addresses the reasonable concerns
              of the Proposed Sharer;

              (c)  the Requesting Carrier or the Proposed Sharer may
              submit an amended Sharing Proposal in respect of the
              same Eligible Facility at any time, and the proposal will
              be considered as though it were a new Sharing Proposal
              submitted in accordance with paragraph 4.4(4).

           (8)  The Carriers must co-operate in the provision of information
           to one another and the submission of relevant plans
           regarding proposed future uses of an Eligible Facility
           each is seeking, including specifications or plans for the
           Equipment that each of them intends to locate on or in the
           Eligible Facility.

           (9)  In recognising the commercial sensitivity and value of
           information which each Carrier may provide to the other
           in relation to the Sharing Proposal, each Carrier must
           protect the confidentiality of information disclosed by the
           other Carrier pursuant to this clause and otherwise, as
           contemplated by the confidentiality provisions of Chapter 2
           of the main Code.

Chapter 5.

Implementing facilities access

            5.1  Maintenance of Eligible Facility and
            Equipment

           (1)  Subject to sub-clause 5.1(2), the First Carrier is responsible
           for maintaining the Eligible Facility to which access has been
           granted in a safe and operable condition.

           (2)  The First Carrier is not required to undertake the structural
           repair of an Eligible Facility in the event that that repair
           would involve the reconstruction of the Eligible Facility.

           (3)  Carriers are responsible for the maintenance of their
           respective Equipment. This includes being responsible for
           the safe operation of their Equipment and taking all
           reasonable and necessary steps to ensure that its Equipment
           does not:

              (i)  endanger the safety or health of the officers, employees,
              contractors, or agents or customers of another Carrier
              or Third Party User; nor

              (ii)  damage, interfere with or cause any deterioration in
              the operation of another Carrier's Eligible Facility or
              Equipment or the Equipment of a Third Party User.

           (4)  Once the location of a Second Carrier's Equipment on or
           in an Eligible Facility has been determined, and any part
           of it installed, the First Carrier must not (except with