5. Minimum Requirements and Guidelines
5.1.
Basic Requirements
In accordance with the provisions of article 48 of the Telecom Law, if
practicable to do so, a licensee shall not refuse, obstruct or in any way impede
another licensee in the making of any infrastructure sharing arrangement.
An infrastructure seeker or infrastructure provider shall not negotiate or
propose to enter into an infrastructure sharing agreement where the Authority
determines that:
(a) infrastructure sharing would endanger life or safety, or irreparably
damage property or threaten the integrity, security or
interoperability of a telecommunication network/service
(b) the licence issued to the infrastructure provider exempts it from the
obligation to provide infrastructure sharing;
(c) the licence issued to the infrastructure seeker does not authorize it
to operate the telecommunication network or to provide the
telecommunication service for which infrastructure sharing is
sought; or
(d) the requested infrastructure sharing is contrary to the laws of
Rwanda or the public interest.
An infrastructure provider shall not refuse to provide infrastructure sharing
services, except, as provided by article 48 of the law, where:
(a) It is not economically reasonable to allow such use;
(b) It likely causes damage to the nature or function of such
infrastructure;
(c) Major additional construction is required;
(d) Other
technical
considerations
may
endanger
his/her
telecommunications infrastructure
Either claim has to be verified by an independent certified engineer or expert
appointed by a committee composed of the Authority and operator(s) involved
after the matter has been referred to the Authority. This appointment will be
handled on a case-by-case basis.
Where an infrastructure seeker disagrees with the basis for any refusal, it may
refer the matter to the Authority.
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