negotiate the terms and conditions of the access with the applicant in good faith, or
refuse the application.
30.
(1)
(3)
Where the application is not granted and the applicant has reasonable around to
believe that the operator or network licensee has not acted in good faith, he may
refer the matter to the Authority for its decision.
(4)
Where the parties to a proposed access agreement are unable to agree on the
terms thereof within 60 days front the date of the application under subsection (2)
either party relay request the Authority to act as an Arbitrator in the matter.
(5)
An arbitration made by the Authority pursuant to subsection (4) shall be deemed to
be made under, and be regulated by the Code de Procedure Civile wherever
applicable, subject to this Act.
(6)
The award of the Authority on the dispute shall be made within 60 days from the
date of the application.
Market definition and determination of significant market power
The Authority shall, at such times as it may determine, hold a public consultation and
carry out a market analysis, to enable it to –
(a)
identify information and communication service markets or market
segments;
(b)
designate every
information
and
communication
service
market and market segment for which tariffs must be approved by
the Authority before the service is offered to the public;
(c)
determine whether any public operator has significant market
power in those information and communication service markets or
market segments.
(2)
The A u t h o r i t y
shall,
following
the
public consultation referred to in
subsection (1), designate and give public notification of –
(a)
every i n f o r m a t i o n
and
communication service market and
market segment; and
(b)
every
public
operator
which
has
a significant market power