Electronic and Postal Communications (Access, Co-location and Infrastructure
sharing)
G.N. No. 429 (contd)
building, tower or other structure;
“dominant licensee” means a licensee who has been determined
by the Authority to have more than thirty five percent of
the electronic communication or postal services market;
“essential infrastructure” means an electronic communication
facility of a communication network licensee which
cannot feasibly, whether economically or technically be
substituted and is declared to be an essential facility by
the Authority;
“facilities” means network facilities or other facilities which
facilitate the provision of network services or
applications services, including content services;
“firm” means a licensed or non licensed person who hosts
contents for electronic accessibility or carries internet
traffic;
“infrastructure” means an electronic communications network
facility whether tangible or intangible used for the
provision of network services or application services;
and for the avoidance of doubt(a) tangibles include lines, cables, or wires whether
fibre optic or other, equipment, apparatus, towers,
masts, tunnels, ducts, risers, hotels, pits, poles,
landing stations, huts, lands, buildings or facilities
and
(b) intangibles include agreements, arrangements,
licences, franchises, rights of way, easements and
other such interests.
“infrastructure acquirer” means a network service licensee who
has leased or shared facilities or has requested to lease or
share facilities from a facilities provider;
“infrastructure provider” means a network facilities licensee who
has been requested by a facilities acquirer to lease or
share facilities;
“infrastructure sharing” means the provision to licensees the
Co-location to tangibles used in connection with a
171