1. Background
Rwanda Utilities Regulatory Agency (RURA) was established by the law no.
39.2001 of 13/09/2001 as an independent national institution to regulate
certain public utilities including among others telecommunications networks
and services with the mission to promote transparency, protect free
competition and provide inclusive service, as well as protect users’ rights.
In accordance with the Law No 44/2001 of 30/11/2001 governing
Telecommunications, Rwanda Utilities Regulatory Agency has the mandate to
regulate the telecommunications sector, to enhance and deploy services in
compliance with the most advanced technology to meet user’s needs at the
most suitable prices.
In carrying out its mandate, the Regulatory Agency is required to have due
regard to the preservation and protection of the environment, the conservation
of natural resources and the health and safety of users.
Thus one main objective of RURA is to enhance infrastructure sharing among
telecom operators by putting in place a conducing environments for such
sharing so as to avoid duplicate investments in essential infrastructure, such as
optical fiber and duct installations.
To this respect, RURA has developed these guidelines that will set out the
procedures to be followed by operators and service providers in providing
access to fiber and duct infrastructure. In line with Article 48 of Telecom Law
stating that;
“Agreements for the sharing of facilities must be negotiated
directly between telecommunications network and utility
operators. In the event that the terms enclosed with such
agreements cannot be agreed on either party may request the
Regulatory Board to determine these terms and in particular the
compensation for the use of the infrastructure”.
These guidelines have a dual focus in (1) pre-empting the failure of negotiated
agreements, and (2) accelerating the conclusion of such agreements related to
Dark Fiber and Duct Infrastructure sharing.
These guidelines shall therefore be followed by licensed telecom operators
during the negotiation of fiber and duct infrastructure sharing agreement.
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