36
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(18)
In the case of an agreement referred to in subsection (16) concluded
after the commencement of this Act, the Authority must (within 90 days from the date
on which the agreement is submitted to it)approve or order modifications to any terms,
including the accounting rate and settlement arrangements, agreed upon by the parties
before the agreement can become binding upon the parties.
(19)
When concluding an agreement referred to in subsection (16) all
carriers must comply with all international treaties and bilateral agreements relating to
such arrangements, and any requirements prescribed for such arrangements.
(20)
In reviewing international interconnection arrangements, the Authority
must take into account exclusionary and discriminatory practices of foreign providers
of telecommunications services and governments.
Sharing of infrastructure
50.
(1)
When it will promote competition or the other objects of this
Act, a dominant carrier must lease any infrastructure to any other carrier or must allow
the latter carrier to install telecommunications equipment on such infrastructure or to
otherwise utilise such infrastructure: Provided that the dominant carrier may refuse to
make such infrastructure available if –
(a)
such infrastructure is required by the dominant carrier for its own
purposes;
(b)
in all the circumstances, the making available of such infrastructure
will impose an unreasonable burden upon the dominant carrier; or
(c)
the making available of such infrastructure is likely to affect the service
of the dominant carrier detrimentally.
(2)
A dominant carrier may request the Authority to exempt it from any
duty imposed by this section for a period of six months.
(3)
A request contemplated in subsection (2) may be granted by the
Authority, if the dominant carrier can prove that if it complies with the duty concerned,
it would not be able to perform any expansion which it plans to perform.
(4)
If any expansion is not performed within six months from the date on
which the Authority granted the exemption contemplated in subsection (2), then the
dominant carrier will be obliged to comply with the request concerned.
(5)
It is the duty of any utility to lease any spare capacity available in
any tower, mast, pole, duct, conduit or pipe to any carrier who requests that utility
to lease such capacity in order to attach any telecommunications equipment to such
infrastructure or to lay any telecommunications wires or fibres in such infrastructure.
(6)
A lease referred to in subsection (5) must be on reasonable terms
(including terms relating to compensation).
(5) if –
(7)
A utility may refuse to lease infrastructure as contemplated in subsection
(a)
such infrastructure is reasonably required for the expansion of the
activities of the utility concerned;