Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p40
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 122391–125721

the First Carrier for any reasonable costs
           or expenses (whether in respect of the Tower Sub-Lease
           or otherwise) which it has incurred prior to such termination.

           (9)  Pursuant to sub-clause 2.4(8) of Annexure A, in the event
            that Carriers are in dispute over the magnitude of reasonable
            costs or expenses, then Carriers must engage in dispute
            resolution, as set out in Chapter 2 of the main Code.

Part 3.—  Termination of Tower Access

              3.1  Standard term of access

           Unless otherwise agreed between the parties, a standard term
           of a particular Tower and/or Tower Site must be the lesser of:

           (a)  fifteen years; or

           (b)  the term of the First Carrier's rights of tenure in respect
            of that Tower and/or Tower Site; or

           (c)  in the case of Towers, the period equal to the remaining
            economic life of the Tower.

            3.2  Termination by First Carrier

           (1)  In regard to a PMTS Tower or PMTS Tower Site, if the First
            Carrier:

              •  intends to decommission the Tower and/or Tower Site
               and terminate the provision of access to that Tower
               and/or Tower Site; and

              •  the Second Carrier wishes to continue to use that Tower
               and/or Tower Site; then the First Carrier must

                (a)  release the Second Carrier from the Tower Sub-Lease
                 and/or Tower Site Sub-Lease and upon vacation of
                 the Tower and/or Tower Site by that First Carrier, any
                 obligations under this Code in respect of that Tower
                 and/or Tower Site; and

                (b)  where there is more than one Second Carrier sharing
                 a Tower and/or Tower Site, permit the Second Carrier
                 that was the first Carrier to share the Tower and/or
                 Tower Site (and if shared initially by more than one

                Second Carrier, by agreement between the Second
                Carriers) to take an assignment of or novate the
                Lease from the First Carrier;

                (c)  indemnify the Second Carrier against any claims
                 by the Lessor or any other person in respect of the
                 First Carrier's use of the Tower and/or Tower Site; and

                (d)  make reasonable endeavours to incorporate clause
                 3.2 of Annexure A into any negotiations with the
                 Lessor regarding the execution or the re-negotiation
                 of the Lease.

           (2)  In regard to a PMTS Tower owned or operated by a First
            Carrier, upon vacation of the Tower and/or Tower Site by the
            First Carrier, ownership of the Tower must be assigned to the
            Second Carrier that takes an assignment of or novation of the
            Lease, whereupon that Second Carrier will become the First
            Carrier. The Second Carrier which takes the assignment or
            novation of the lease must indemnify the First Carrier against
            any claims, damages, expenses or liabilities in respect of the
            Tower and/or Tower Site arising after the date of the
            assignment