Electronic and Postal Communications (Access, Co-location and Infrastructure
sharing)
G.N. No. 429 (contd)
Capacity
or space
issues
16.-(1) Capacity or space shall be considered available
where the existing facility or site is technically and physically
capable of accommodating extra communications facilities and
equipment.
(2)
The infrastructure provider shall have the right to
reserve reasonable capacity or space for future use, provided
there is evidence showing a clear development plan to use such
capacity or space within one year of reserving the capacity or
space.
(3)
An infrastructure provider shall remove from any
space or facility that may be shared any unnecessary,
abandoned or obsolete equipment or facilities which is or will
be no longer necessary for any sharing purposes.
Rights and
obligations
17.-(1) Every infrastructure licensees shall have right
and, when requested by other licensees, an obligation to
negotiate co-location and infrastructure sharing services in order
to ensure the provision and operability of services throughout
the country.
(2) The infrastructure acquirer shall be responsible for
the reasonable costs incurred by facility provider in processing
the request.
(3) The facility provider shall acknowledge receipt of
each request and provide the Authority with the copy of
acknowledgement receipt within twenty one working days.
(4) The following actions or practices shall be construed
to violate the obligation to act in good faith if they are(a) intentionally misleading or coercing another party
into entering an agreement that it would otherwise
not have been made;
(b) intentionally refusing to provide or delaying the
provision of information necessary to reach an
agreement;
(c) obstructing or delaying negotiations, the provision
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