12.2 Where an access provider with significant investments exercises the
option to reserve some rights in circumstances of limited capacity;
(a)
(b)
The reserve period shall not exceed two (2) years after which
the right will cease from being operational.
Not more than 50% of capacity shall be reserved.
12.3 Information and documentary evidence of the reservation and extent
thereof should be held by the access provider and made available to
access seekers on reasonable demand.
13. Re-Development/Re-Location
13.1 To ensure that capacity is increased and made available to access
seekers, operators are encouraged to constantly pursue a policy of
redevelopment and re-location of facilities.
13.2 Where for optimal utilisation of facilities an operator undertakes
redevelopment or re-location (i.e. reconfiguration of network as a
result of technological or business reasons), the cost of the redevelopment or re-location may be jointly assessed by the parties
and shared with access seekers at a percentage mutually agreed by
parties.
13.3 The re-development or re-location cost borne by an access seeker
would form part of the price paid for the infrastructure sharing
arrangement.
13.4 Parties to an infrastructure sharing arrangement should not undertake
modifications with the sole aim of demanding the cost of such
modification from access seekers.
13.5 As a condition precedent for an access provider to commence any
redevelopment or re-location at any facility that will affect operators
that share the facility with the access provider, notice thereof should
first be given to all such operators. The notice period should be
(a) 4 months in the case of re-development
(b) 9 months in the case of re-location
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