7.
Terms and Conditions for Infrastructure Sharing
7.1
An operator shall provide capacity to other operators on a “first-come,
first served” basis, determined in accordance with the order in which
the operator owning or having control over a facility, receives
requests for infrastructure sharing.
7.2
Every operator shall reserve the right to decline an application for
infrastructure sharing on grounds of;
(a)
Insufficient capacity
(b)
Safety, reliability, incompatibility of facilities and
(c)
General engineering considerations.
7.3
The decision to refuse an application for infrastructure sharing shall
be communicated in writing to the requesting operator specifying the
reasons for such refusal.
7.4
Every infrastructure sharing agreement shall be in writing and shall
specify the contractual terms and conditions agreed on by the parties.
All such agreements shall be registered with the Authority.
7.5
The terms on which infrastructure sharing is offered should be in
compliance with the principles of neutrality, transparency, nondiscrimination and fair competition.
7.6
Prices for infrastructure sharing should be non-discriminatory,
reasonable, and based on the actual costs incurred by the owner of
the facility.
7.7
Determination of the costs underlying prices should be transparent
and neutral.
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