10.6 In every case, applications for access should be considered and
granted by an access provider on a “first come – first serve” basis.
11. Refusal of Access
11.1 An access provider reserves the right to refuse an application for
access in any of the following circumstance:
(a)
Where the access provider does not have available capacity
(i.e. either that all capacity is occupied or reserved.
(b)
Where the grant of access in technically unfeasible.
(c)
Where the request, if granted, will breach health, safety and or
reliability Standards
11.2 In all cases, the access provider should provide the access seeker
with reasons for refusal in writing.
11.3 An operator who is refused access may refer such refusal to the
Authority and the Authority shall be at liberty to inquire into the
decision refusing access.
11.4 The Authority may upon due consideration:
(a)
Request that a decision
reconsidered; and/or
refusing
access
should
(b)
Impose an infrastructure sharing arrangement on the parties.
be
11.5 Infrastructure sharing arrangements imposed by the Authority may
include rules for apportioning the costs of facility sharing.
12. Reservation of Capacity
12.1 The right of an access provider to reserve capacity for which it has
made long term investments will at all times be recognized but
balanced against the need not to hamper the network roll-out or
expansion plans of new market entrants or other operators.
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