Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a telecommunications transmission tower (the first tower ) is owned or operated by an NBN corporation, the NBN corporation must, if requested to do so by an eligible person, give the eligible person access to the first tower if:
(a) the access is for the sole purpose of enabling the eligible person to:
(i) install particular equipment on the first tower; or
(ii) maintain, operate or remove particular equipment installed by the eligible person on the first tower; and
(b) in a case where subparagraph (a)(i) applies--the NBN corporation is satisfied that the installation of the equipment is technically feasible; and
(c) in a case where:
(i) subparagraph (a)(i) applies; and
(ii) there is another telecommunications transmission tower in the vicinity of the first tower that is not owned or operated by the NBN corporation;
the NBN corporation is reasonably satisfied that it would not be reasonable for the eligible person to install the equipment on the other tower.
Note 1: For eligible person , see section 19H.
Note 2: For equipment , see section 19G.
Note 3: See section 19C (reasonableness).
Exemptions from sections 9, 18 and 19
(2) If the NBN corporation gives the eligible person access to the first tower in compliance with subsection (1), sections 9, 18 and 19 do not apply to:
(a) the giving of access; or
(b) the supply to the eligible person of goods that are incidental to the giving of access.
Limits on subsection (1) obligation
(3) Subsection (1) does not impose an obligation to the extent (if any) to which the imposition of the obligation would have any of the following effects:
(a) preventing an NBN corporation from reserving sufficient space on the first tower to be able to meet the NBN corporation's reasonably anticipated requirements in relation to the installation of equipment, measured at the time when the request was made;
(b) preventing a person (other than an NBN corporation) who has already installed equipment on the first tower from obtaining access to sufficient space on the first tower to be able to meet the person's reasonably anticipated requirements in relation to the installation of equipment, measured at the time when the request was made;
(c) depriving any person of a protected contractual right.
(4) For the purposes of paragraph (3)(c), protected contractual right means a right under a contract that was in force at the commencement of this section.
(5) Subsection (1) does not impose an obligation to give an eligible person access to the first tower if:
(a) the eligible person is included in a class of persons specified under paragraph 19H(2)(a); and
(b) the imposition of the obligation would be inconsistent with a limitation or restriction that, under paragraph 19H(2)(b), is applicable to that class.
Exemption from compliance with subsection (1)--Ministerial determination
(6) The Minister may, by legislative instrument, determine that subsection (1) does not impose an obligation if the conditions specified in the determination are satisfied.
Technically feasible
(7) For the purposes of this section, in determining whether it is technically feasible to install particular equipment on a telecommunications transmission tower, an NBN corporation must have regard to:
(a) whether the installation of the equipment is likely to result in significant difficulties of a technical or engineering nature; and
(b) whether the installation of the equipment is likely to result in a significant threat to the health or safety of persons who operate, or work on, the tower; and
(c) if the installation of the equipment is likely to have a result referred to in paragraph (a) or (b)--whether there are practicable means of avoiding such a result, including (but not limited to):
(i) changing the configuration or operating parameters of a facility situated on the tower; and
(ii) making alterations to the tower; and
(d) such other matters (if any) as are relevant.
(8) For the purposes of subsection (7), facility has the same meaning as in the Telecommunications Act 1997 .