Obligation of access to, and use of, specific network facilities.
24.
(1) The Commission may, in accordance with section 23, impose obligations on
licensees to meet reasonable requests for access to, and use of, specific network
elements and associated facilities, in particular, in situations where the Commission
considers that denial of access or unreasonable terms and conditions having a similar
effect would hinder the emergence of a sustainable competitive market at the retail
level, or would not be in the interest of the enduser.
(2)
Operators may be required, among other things (a)
to interconnect networks or network facilities;
(b)
to give third parties access to specified network elements or facilities,
including unbundled access to the local loop;
(c)
to negotiate in good faith with other licensees requesting access;
(d)
not to withdraw access to facilities already granted;
(e)
to provide specified services on a wholesale basis for resale by third parties;
(f)
to grant open access to technical interfaces, protocols or other key
technologies that are indispensable for the interoperability of services or
virtual network services;
(g)
to provide co-location or other forms of facility sharing, including duct,
building or mast sharing;
(h)
to provide specified services needed to ensure interoperability of end-to-end
services to users, including facilities for intelligent network services or
roaming on mobile networks; and
(i)
to provide access to operational support systems or similar software systems
necessary to ensure fair competition in the provision of services.
(3) The Commission may attach conditions covering fairness, reasonableness and
timeliness to an obligation imposed under subsections (1) and (2).
(4) When considering whether to impose the obligations referred to in subsections
(1) and (2), the Commission shall, in particular, take into account the following factors -
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