applicant for a licence within the framework of an
invitation to tender, whilst respecting laws and
regulations relating to the occupation of the public
domain, any excess capacity which they possess
after having deployed the infrastructures intended
for their own needs rights-of-way they possess.
(2) Any transfer or leasing agreement of alternative
networks must be communicated to the Authority
for information.
Exclusivity
13. Except where a licence had been issued and
exclusivity rights vested in a licensee prior to the
enactment of this Act, the Minister shall not include
in a licence or the terms of a licence an exclusivity
period or monopoly to the licence.
Exclusive
licence for rural
telephony
service
14. (1) Notwithstanding the provisions of section
13
(a) the Minister may issue
an exclusive
licence for the provision of a telephony
service in a rural area that did not have
that service at the time of the submission of
an application for a licence or the
initiation of an invitation to tender; and
(b) the Authority may require interconnection
for the service.
(2) A licence issued under this section shall be
limited to the provision of telephony service in a
village of five thousand or fewer permanent
residents with an information and communication
service penetration rate of one per cent or less.
Licence and
other fees
15. (1) The Minister may, from time to time, in
consultation with the Authority, approve the level of
licence and frequency fees payable in respect of
licences or any other authorisation under this Act.
(2) Fees shall be paid in full before any
authorisation is granted, or numbers, or
frequencies, assigned as follows
(a) application fees shall be paid directly to the
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