Site Access Protocol
Terms used in this Site Access Protocol are as defined as follows or otherwise defined in the principal license agreement:
“Infrastructure [JO1] Owner” – means a person who owns Equipment on Site.
“Licensed Area” the area designated in the principal license.
“Site” means the area or premises described in the Site Schedule [JO2]
“Site Access Timeframes” means Site Owner and Infrastructure Owner approved times for specific access to the Site.
“Site owner” means the owner of or the responsible entity for the Site.
“Works[JO3] ” means designs, supply, installation, maintenance, construction, operation of equipment or development undertaken by the Licensee including replacing equipment and all adds, moves or changes required under this Site Access Protocol and the principal license.
1. Access Request Requirements
(a) Notice - The more notice you can provide the better. The Site Owner and Infrastructure Owner will not have technicians readily available to monitor or provide access. Site Owners and Infrastructure Owners will aim to meet requested access dates but, if other works are going on at the Site or there are operational reasons, this will not always be possible. Please allow a minimum notice period of 10 Business Days, and a minimum turnaround period of 10 Business Days; that is a total of 20 Business Days.[JO4]
(b) Safety requirements – Prior to allowing anyone to work on a Site, a relevant risk assessment and a Safe Work Procedure (SWP) must be provided to the Site Owner. In the case of any high risk construction work as defined in the Work Health and Safety Regulation 2011 (NSW), the Licensee must prepare a Safe Work Method Statement (SWMS). The Licensee must put in place arrangements to ensure work is performed in accordance with the SWP or SWMS as applicable.
Please note that Site Owners are responsible for reviewing all SWPs and SWMSs for all third party contractors completing work on their behalf. SWPs and SWMSs must be sent to the Site Owner with the Site Access Request Form at Annexure A to this Site Access Protocol (Access Request Form).
(c) Proof of your identity and qualifications – If you are not an existing contractor to the Site Owner, or have not previously registered with the Site Owner, you must provide documentation showing your authority to access the Site.
(d) Authorised contractors – Contractors must obtain written authorisation from the Licensee, approved by the Site Owner, prior to entering onto the Site. This should be submitted to the Site Owner with the Access Request Form. Contractors must carry relevant records of their competency and a suitable SWP or SWMS on each visit to the Site.
(e) Knowing what you are doing on site – As you are accessing a Site for works which could be potentially hazardous or have a potential to interrupt a transmitting service or the use of another person’s equipment, the Site Owner will need to know what activities are being undertaken on the Site. The more information you can provide the better. Access to Sites can only be given for the Permitted Use described in an approved Access Request Form. Any additional work or variations to the initial proposal must be submitted to the Site Owner or Infrastructure Owner for further approval.
(f) Access times – Please provide realistic timeframes of when access is needed and be mindful of the fact that other works cannot be scheduled at that site during that period. Over-estimations of access times may be refused, especially where such access inconveniences other service users. Under-estimations of access times must also be avoided, as under-estimations also often lead to service interruptions due to work running over time.
2. Requesting Site Access
(a) In accordance with any [JO5] site access protocol agreed in the principal license , prior to any access to a Site (including, without limitation, for the purposes of installation, maintenance or removal of any Equipment), the Licensee must lodge an Access Request Form with the Site Owner and Infrastructure Owner (attached as Annexure A to this Site Access Protocol).
(b) The Access Request Form should be completed in full including a detailed description of any planned work. This form requests information for all contractors entering the Site.
(c) The Access Request Form must be lodged no later than 20 Business Days [JO6] before the proposed access date.
(d) The Licensee must submit with the Access Request Form:
(i) a SWP or SWMS; and
(ii) a telecommunications interference report.
(e) The Access Request Form can be lodged by email, posting or faxing to the Site Owner and Infrastructure Owner.
(f) The Site Owner and Infrastructure Owner will assess each Access Request Form to ensure it complies with the Site Owner’s and Infrastructure Owner’s safety and operational procedures.
(g) Unless otherwise agreed:
(i) the Site Owner’s employees or agents will, at the Licensee’s cost, supervise all access where reasonably practicable;
(ii) the Licensee and its contractors will participate in an initial occupational health and safety induction at the Site; and
(iii) the Licensee will provide evidence of the qualifications of its personnel or contractors to then Site Owner prior to accessing the Site.
(h) Once the Access Request Form has been processed, the Site Owner and Infrastructure Owner will, subject to the Licensee’s compliance with the requirements of this Site Access Protocol, provide their acceptance of the Access Request Form in the form of a proposal sent to the Licensee via email.[JO7]
(i) The Licensee may accept the proposal by return email to the Site Owner and Infrastructure Owner. Once the proposal has been accepted, the Site Owner and Infrastructure Owner will prepare the Site Access Timeframes.[JO8]
(j) Once the Site Access Timeframes are confirmed, the Site Owner will send an email to the Licensee confirming the times at which a technician will be available to provide access.
(k) Access should not be assumed unless confirmed in writing by the Site Owner.
3. Approval Process for Licensee Works
(a) If the Licensee intends to install Licensee Works, the Licensee must comply with the requirements outlined in principal license agreement or in accordance with any other arrangements as approved in writing by the Site Owner.
(b) The Licensee Works must be installed or added in accordance with the SWMS and the plans for Licensee Works provided to the Site Owner and Infrastructure Owner (where relevant).
(c) The Site Owner’s and Infrastructure Owner’s prior written approval must be obtained in respect of any material variation to the plans for Licensee Works.
(d) Within 20 Business Days of completion of any Licensee Works, the Licensee must provide the Site Owner and Infrastructure Owner (where relevant) with:
(i) two (2) hard copies and one (1) soft copy of the as-built documentation showing the location of the Equipment;
(ii) on-site documentation;
(iii) an updated list of the Equipment at the Site;
(iv) updated main distribution frame and/or intermediate distribution frame records;
(v) a certificate of completion addressed to the Site Owner and Infrastructure Owner and signed by a qualified engineer certifying that:
(A) the applicable work has been performed with all due skill and care, and in accordance with applicable Australian standards;
(B) the Licensee Works have been installed, modified or removed in accordance with the plans and, if installed or modified, is located at the approved location; and
(C) any tower strengthening work has been performed in accordance with any agreed conditions or plans; and
(vi) two (2) hard copies and one (1) soft copy of the updated Radio Communications Site Management Book, as updated in accordance with the ARPANSA Standard.
4. Urgent Access Requests
If you require emergency access (where the fault is critical to your or our network) please contact the Site Owner directly.
The Site Owner will instruct the Licensee how to proceed in these circumstances.
In the event of a critical emergency, the Licensee will be permitted to enter the site without notice on the condition that at the earliest convenience notice is given to the Site Owner, including details of the emergency.
5. Common Reasons for Refusal of Site Access Requests[JO9]
Common reasons for refusal of Site Access Requests include:
(a) Not enough information being provided to the Site Owner and Infrastructure Owner for them to assess, understand and approve the work being carried out.
(b) Inadequate SWPs or SWMSs being provided.
(c) Insufficient notice periods provided. The Licensee should allow a 10 Business Days’ notice period with a 10 Business Day turnaround period (total of 20 Business Days).
(d) Relevant documentation not being supplied with the Access Request Form.
(e) Construction work being carried out at the relevant Site during the period of the requested access.
(f) The Requesting Party not being suitably qualified for the requested access or works.
Site Safety Rules
1. The following Site Safety Rules must be observed by all Licensee persons accessing the Site at all times:
a) Licensee and all Licensee personnel (including Licensee’s employees, officers, agents, contractors and their personnel) (Licensee Personnel) who enter the site must adhere to all signage.
b) Access to other areas on the Site is strictly out of bounds with the exception of travel by Licensee Personnel to, from and across the Land to access the Site and their equipment.
c) In undertaking Works on the Site, Licensee Personnel shall not impact any other equipment, Licensor services or impact on third parties occupying the Site.
d) Licensee Personnel shall at all times comply with the direction of any representative of the Licensor with regard to access to, conduct on and egress from the Site or any other matter relating to the management and operation of the Site.
e) Operation of tools, including power tools, hand tools, ladders and other items must be carried out in a competent and safe manner and any resultant dust or debris must be managed by Licensee so as not to pollute the environment in the vicinity in which the Works is being carried out.
f) Licensee Personnel are responsible for the supply of the appropriate personal safety equipment and are to be familiar with the correct and responsible use of this equipment.
g) Licensee personnel must ensure that all use of electricity on the site is undertaken in a safe manner. Electrical leads and tools must be safety tested to the appropriate Australian Standard and tagged and maintained in a safe condition.
h) Hard hats must be worn in those areas within the Site where it is deemed necessary by Licensee.
i) Footwear that conforms to AS/NZS 2210.3 must be worn on Site.
j) Licensee Personnel must ensure that all equipment located on the Site, whether in use or not, is not hazardous or dangerous, and does not impede access routes or access to other equipment on the Site.
k) Maintain the equipment and the Site in a good and safe state of repair and promptly repair any damage to the equipment of which the Licensee is aware or ought reasonably to be aware, excluding fair wear and tear.
l) Licensee Personnel are required to remove all packing materials, debris and rubbish from the Licensed Area and surrounding land (including on a daily basis if any works extend over multiple days) to ensure no land obstructions occur.
m) Hot work permits are to be arranged with the Licensor before any welding, grinding or similar work can commence on the Licensed Area by Licensee.
n) Licensee Personnel must provide their own first aid kit and Licensee is to ensure that all Licensee Personnel working at the Site are appropriately qualified to render first aid.
This Site Access Protocol is reviewed and updated from time to time and are therefore subject to change.