EXPLANATORY NOTE
1. The primary object of these Guidelines is to establish a framework
within which communications operators can negotiate and conclude
sharing arrangements for passive infrastructure.
2. All communication infrastructures erected, constructed or located
within Botswana, except those exclusively used for purposes of State
security and emergency services, shall comply with the terms of
these guidelines.
3. The Guidelines are divided into four parts. A summary of each Part
of the proposed Guidelines is provided below.
4. Part I sets out the background to the Guidelines, objectives of the
Guidelines and provides definitions of technical terms used in the
Guidelines. Words and or phrases defined in the Telecommunications
Act are given the meaning given to them by the Act. This part deals
with the responsibility of the Authority under the Telecommunications
Act. The idea is to show the legal basis for the work of the Authority
and its legal right and or power to encourage communications
infrastructure sharing.
5. The second component under background deals with status of the
Guidelines vis-a-vis other legal instruments. It subjects the Guidelines
to the Telecommunications Act; Telecommunications Regulations,
other relevant and applicable laws as well as the licence conditions of
operators. It specifically recognises that there are other pieces of
legislation and institutions of Government whose jurisdiction has a
direct or indirect bearing on infrastructure sharing, installation or
deployment. Such laws are public health laws, environmental laws,
civil aviation laws, land laws etc. The Authority is enjoined under Part
I, in performing its regulatory duties with respect to facilitating and or
encouraging infrastructure sharing, to cooperate with such relevant
and competent bodies, Government Departments and or agencies as
are relevant.
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