6.
Procedure for Negotiating Infrastructure Sharing
6.1
Any operator who owns or has control of a facility or infrastructure
amenable to sharing may enter into negotiations with another
operator who submits a request to share in the use of that facility or
infrastructure.
6.2
All negotiations for infrastructure sharing must be done with the
utmost good faith. In particular the owner of a facility or infrastructure
must not;
6.3
(a)
Obstruct or delay negotiations or resolution of disputes;
(b)
Refuse to provide information relevant to an agreement
including information necessary to identify the facility needed
and cost data;
(c)
Refuse to designate a representative to make binding
commitments.
A request for infrastructure sharing should be in writing. A party to
whom such a request is made should within 30 days either accede to
the request and grant access for sharing, or where access is denied,
advance reasons in writing for the denial.
6.4 If on the expiry of the 30 days referred to in sub-paragraph (6.3), the
Access Provider has not provided access to the Access Seeker
without valid and justifiable reasons; then the Access Seeker shall be
entitled to appeal to the Authority for intervention.
6.5
Except in emergency situations, the replacement or modification of a
shared facility which affects existing Access Seekers, may only be
undertaken upon due service of no less than 60 days notice on the
other parties.
6.6
A party on whom notice is served may file a petition with the Authority
against the removal or modification of a facility within 10 days of
receiving such notice, and the notifying party shall file a reply thereto
within 7 days.
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