Electronic and Postal Communications (Access, Co-location and Infrastructure
sharing)
G.N. No. 429 (contd)
levy a charge for such co-location which will allow recovery of
economic costs and ensure a reasonable rate of return.
Nondiscrimination
treatment
Refusal of
co-location
10.-(1) An infrastructure provider shall treat each(a) infrastructure acquirer on a basis that is nondiscriminatory in its provision of network facilities
and no less favorable than the treatment which the
infrastructure provider affords to its subsidiaries,
its affiliates, or other similarly situated
communications service providers;
(b) communication
network
service
of
an
infrastructure acquirer on a basis that is nondiscriminatory and no less favorable than the
treatment which the infrastructure provider affords
to the electronic communications network services
of itself, its affiliates, or other similarly situated
communications licensees; and
(c) customer of an infrastructure acquirer on a basis
that is non-discriminatory and no less favourable
than the treatment which the infrastructure provider
affords to its own customers of the customers of its
subsidiaries, its affiliates, or other similarly
situated communications licensees.
11.-(1)
An infrastructure provider may refuse
unreasonable requests for co-location or infrastructure sharing
to its network facilities.
(2) A request for co-location to network facilities shall
be unreasonable if it(a) is not economically or technically feasible;
(b) may result in the infrastructure provider being
unduly prejudiced;
(c) infrastructure sharing would endanger life or safety
or irreparable damage property or threaten the
integrity, security or interoperability of public
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