Infrastructure sharing arrangements shall be concluded as quickly as possible
and in any event, no later than the time limits set out in these regulations,
unless otherwise agreed between the parties.
5.2.
General Principles
The following general principles and guidelines shall apply to the provision of
infrastructure sharing services:
(a) each licensee has an obligation to treat requests, to negotiate
infrastructure sharing agreements and to provide infrastructure
sharing services in good faith;
(b) consistent with the Law, licensees shall, in the first instance,
attempt to reach agreement on infrastructure sharing by
negotiation; to pre-empt a failure of such negotiations and to
accelerate the conclusion of negotiations, licensees shall follow
these guidelines; where there is a dispute, the parties may refer the
matter to the Authority for resolution;
(c) infrastructure sharing services shall be provided by the
infrastructure provider to the infrastructure seeker at reasonable
rates, on terms and conditions which are no less favorable than
those provided by the infrastructure provider to itself, any nonaffiliated licensee or any subsidiary or affiliate of the infrastructure
provider and shall be of no less favorable quality than that provided
by the infrastructure provider to itself, any non-affiliated licensee
or any subsidiary or affiliate of the infrastructure provider;
(d) infrastructure sharing rates shall be determined in a transparent
manner;
(e) costs and tariffs shall be sufficiently unbundled so that the
infrastructure seeker shall be obliged to pay the infrastructure
provider only for the network elements or infrastructure sharing
services that it requires;
(f) costs shall be borne either by the infrastructure seeker or the
infrastructure provider or both based on whether their respective
requests and compliance with those requests cause those costs to be
incurred; and in accordance with an infrastructure sharing
agreement between the two parties;
(g) infrastructure sharing rates shall be cost-based and shall be set to
allow the infrastructure provider to recover a reasonable rate of
return on its capital appropriately employed, all attributable
operating expenditures, depreciation and a proportionate
contribution towards the infrastructure provider's fixed and common
costs;
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