Document ID: chunk:federal_register_of_legislation:F2019L01248:reg:10
Version: federal_register_of_legislation:F2019L01248
Segment Type: reg
Provision Reference: reg 10
Character Range: 13093–14716

10  Matters to be taken into account
 (1) The ACCC must take the following matters into account in making the determination:
 (a) the legitimate business interests of the parties, and the parties' investment in facilities used in giving access to a broadcasting transmission tower, designated associated facility or site to which the arbitration relates;
 (b) the interests of all persons who have been given access to a broadcasting transmission tower, designated associated facility or site to which the arbitration relates;
 (c) the direct costs of giving access to a broadcasting transmission tower, designated associated facility or site to which the arbitration relates;
 (d) the operational and technical requirements for the safe and reliable operation of:
 (i) a broadcasting transmission tower, designated associated facility or site to which the arbitration relates; or
 (ii) another facility located at, on, in or under that broadcasting transmission tower, designated associated facility or site;
 (e) the economically efficient operation of a broadcasting transmission tower, designated associated facility or site to which the arbitration relates;
 (f) the value to a party to the arbitration of the dispute of:
 (i) an extension of property that is or would be paid for by a person other than the party; or
 (ii) an enhancement of capability, that is or would be paid for by a person other than the party;
 (g) whether the determination will promote the objects set out in paragraphs 3(1)(a), (aa), (b) and (ba) of the Act.
 (2) The ACCC may take into account any other matters that it considers relevant.