28
The Regulatory Board issues a written permission for the installation of telecommunications
infrastructure or terminal equipment in not later than two months of the receipt of a valid
application unless:
1° there is technical, spectrum scarcity or of radiocommunication of interconnection;
2° there are state security matters;
3° telecommunications operators fail to reasonably comply with Article 58 of this law or to
observe the local telecommunications distribution plan.
In the event of refusal of an application, telecommunications operators may change their
applications and submit these for further consideration and settlement by the Regulatory
Board.
Article 48
Whenever requested by a provider of telecommunications networks and/or
telecommunications services, and if practicable to do so, it is the duty of all other providers of
telecommunications networks and utility suppliers to share the use of their
telecommunications infrastructure, upon payment of reasonable compensation for required.
A telecommunication supplier has the right to object to the use of his/her infrastructure as
long as he/she considers on justifiable and reasonable grounds that:
1° it is not economically reasonable to allow such use;
2° it likely causes damage to the nature or function of such infrastructure;
3° major additional construction work is required;
4° other technical considerations may endanger his/her telecommunications infrastructures.
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.
In order for it to determine the agreement terms, the Regulatory Board must:
1° request each party to present its views either in person or in writing;
2° respect the interests of both parties when reaching a decision;
3° apply similar decisions to similar situations without discrimination between
telecommunications operators.