6. Part II deals with substantive issues of infrastructure sharing. It
specifies which infrastructure can be shared. In line with the
Consultancy Report, the infrastructure to be shared is the one defined
as passive infrastructure in the report. This is the non-electronic
component of the network. Realising that the list in the Guidelines
may not be exhaustive, BTA is given the right to change the list as it
deems appropriate. One of the key provisions to note under this part
is the one restricting sharing of ducts to Public Telecommunications
Operators.
7. This Part also balances the dictates of infrastructure sharing and the
policy goal of competition in the provision of communication services.
Infrastructure sharing should be implemented in a manner that does
not constrain competition and or violate licence conditions of
operators. In the event infrastructure sharing is inconsistent with the
relevant licence(s) and/or provide a risk of lessening of competition,
the Authority may require such arrangement to be discontinued.
8. Part II also provides the procedure for negotiating infrastructure
sharing arrangements. To address the possible unnecessary
prolonged negotiations, specific timeframes are stipulated within
which the negotiations should be concluded. In addition, the owner of
infrastructure over which sharing is sought is prohibited from doing
certain things considered inconsistent with infrastructure sharing.
There is provision for appeals against unreasonable refusal to share
infrastructure.
9. Part II also deals in detail with the minimum terms and conditions for
Infrastructure Sharing. An operator which owns infrastructure is
required to provide capacity to other operators on a “first-come, first
served” basis, determined in accordance with the order in which the
operator owning or having control over a facility, receives requests for
infrastructure sharing. It provides circumstances under which an
operator may not be able to accede to the application for sharing.
These include the grounds of insufficient capacity, safety, and
general engineering issues. Most fundamentally, the terms on which
infrastructure sharing is offered should be in compliance with the
principles of neutrality, transparency, non-discrimination and fair
competition. Prices for infrastructure sharing should be non5|Page