Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p33
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
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Character Range: 100537–103881

on the next Business Day.

ANNEXURE A.

TELECOMMUNICATIONS
TRANSMISSION TOWERS AND
SITES OF TOWERS

Part 1.—  Preliminary Assessment of Access

            1.1  Exchange of information

            (1)  Where the Second Carrier wishes to explore the sharing
            of an Existing Tower and/or Tower Site of the First Carrier,
            the Carriers must exchange information within a reasonable
            period of time for the purpose of assisting the Second Carrier
            to make a preliminary assessment as to whether the Tower
            and/or Tower Site would be suitable for the Second Carrier
            to install Equipment for use in connection with the supply
            of a carriage service by means of radiocommunications.
            This information may include details of any relevant
            certificate relating to technical feasibility in respect of that
            Tower and/or Tower Site issued by the ACCC under Part 5 of Schedule 1 to the Telecommunications Act 1997.

            (2)  If requested by the Second Carrier, the exchange of
            information may include plans of the Tower and/or Tower
            Site of the First Carrier, a price schedule (if any) for the
            provision of information, whether there are Currently
            Planned Requirements and whether there are applications
            from other Carriers to share the Tower and/or Tower Site.

            (3)  Information provided under this clause is subject to the
            confidentiality provisions of clause 2.1 of the main Code
            and any obligations the First Carrier owes to a third party
            over whose property the Tower and/or Tower Site has to
            be accessed.

            (4)  A First Carrier does not have to comply with sub-clause
            1.1(1) if the provision of information would breach
            obligations the First Carrier owes to a third party over whose
            property the Tower and/or Tower Site has to be accessed.

            1.2  Physical access

           (1)  If the Second Carrier seeks to visit a Tower and/or Tower Site
           for a purpose related to making a bona fide 'Facilities Access
           Application' for access to that specific Tower and/or Tower
           Site, it must notify the First Carrier of its intention to conduct
           a physical inspection of that Tower and/or Tower Site and
           complete a Physical Inspection Notification form provided
           by the First Carrier as part of its Information Package. One
           notification may be used for multiple visits to the Tower
           and/or Tower Site over a period of one month.

           Note:  see clause 2.1 of this Annexure for a definition of a Facilities
           Access Application.

           (2)  The Physical Inspection Notification must contain the
           following information:

              (i)  reasons for physical inspection; and

              (ii)  details of the kind and location of the Tower and/or
              Tower Site to which physical inspection is sought; and

              (iii) the date(s) and time(s) at which the Second Carrier
              wishes to visit the Tower and/or Tower Site; and

              (iv) other matters, as agreed between the parties.

           (3)  Subject