40.
Non-compliant Interconnection Agreements
If the LTA decides that an interconnection agreement is not in compliance with this Act, or
the requirements of any regulation, rule, order or licence, it may issue an order requiring one
or more of the parties to the interconnection agreement to amend the agreement.
41.
Co-location
(1)
If not otherwise addressed in interconnection or access terms determined pursuant to
Sections 34 to 38, and subject to any regulation, rule or order issued by the LTA,
service providers with existing telecommunications network facilities shall allow other
service providers to co-locate their telecommunications network facilities on those
existing facilities, including central office premises and other equipment locations,
land and roof tops, mast sites, towers, conduits, poles and underground facilities,
where such co-location is technically and economically feasible and where no
significant additional construction work is required.
(2)
The party requesting co-location shall compensate the party required to provide colocation for such an amount as the parties may agree or, where the parties are unable
to agree, as may be determined by the LTA.
(3)
Where the parties are unable to agree on the terms and conditions of co-location, either
or both of the parties may submit the matter for dispute resolution pursuant to Section
73.
PART IX
TARIFFS
42.
Tariff Filing and Approval
(1)
Dominant service providers shall file with and obtain the approval of the LTA for all tariffs,
rates or charges for telecommunications service in markets in which the LTA has designated
them as dominant.
(2)
The LTA may issue an order to remove any requirement for dominant service providers to
file and obtain approval of tariffs under this Part IX where the LTA determines that:
(3)
(a)
competitive market forces will be sufficient to protect the interests of
customers; and
(b)
there is not a significant risk of harm to competitive markets as a result of the
removal of the requirement to file and obtain approval of tariffs.
The LTA may issue an order to require a change in the tariffs for telecommunications
services provided by a dominant service provider where the LTA determines, following a
process of consultation with the dominant service provider, that such tariffs include
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