services shall request the provision of such capacity from a
licensed network infrastructure operator.
(2)
In the event of a request referred to in paragraph
(1) of this regulation (a)
the telecommunications service provider shall
present a request in writing for leased capacity
to a licenced network operator, which request
shall specify the requested location, quantity
and other technical requirements;
(b)
a licensed network operator shall reply in
writing to the telecommunications service
provider within fifteen (15) days after receipt
of the request stating whether the required
capacity can be supplied in accordance with the
requested technical requirements, the offered
price, and the date upon which the installation
of the requested capacity shall be completed,
which date shall not be later than ninety (90)
days after receipt of the request;
(c)
a telecommunications service provider may
apply to the Commission for permission to
establish its own network or infrastructure upon
failure by the licenced network operator to reply
to a request within fifteen (15) days of receipt,
or to complete the installation of the required
capacity within ninety (90) days of receiving
the request or to provide such capacity at a
reasonable price or to provide such capacity at
quality or technical standards which comply
with telecommunication systems requirements.
(3)
Where a licenced network or infrastructure
operator is unable or unwilling to provide such service to a
telecommunications service provider within ninety (90) days of
receiving the request or at a reasonable price the Commission
may, upon application, authorise such telecommunications
service provider to establish the required capacity for its own
use;
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