2.
The service provider from whom cell site sharing is requested shall ask the requesting
service provider to enter into a framework agreement governing the general terms and
conditions applicable in that area.
3.
After entering into a framework cell site sharing agreement pursuant to the preceding
paragraph, a requesting service provider shall notify the owner service provider of the
number and locations of cell sites it wishes to share and inform the owner service
provider of:
a)
The number, type, size and weight and any other technical feature or specification of the
equipment it seeks to install at each site;
b)
The space it estimates it will occupy on each site; and
c)
Any other information reasonably required by the owning service provider to consider the
request.
4.
The owner service provider shall within a reasonable period of time carry out such site
survey and feasibility study as are reasonably necessary to determine the feasibility of
sharing the relevant cell sites and, depending on the outcome survey and feasibility study,
shall provide a written communication to the requesting service provider in order to
either:
a)
Confirm the availability of the relevant cell sites; or
b)
Refuse the sharing request, providing reasons for the refusal.
5.
Where the owner service provider confirms the availability of cell sites pursuant to
paragraph a) of the preceding paragraph, it shall at the same time:
a)
Propose terms and conditions for the sharing of such cell sites, including identifying the
available frequency and antenna height, the estimated adaptations required to be made,
the estimated applicable rent and other costs arising from the requesting service
provider’s request and required to make such sharing technically, legally and
contractually feasible, as well as the date on which the cell site may be made available for
the installation of the requesting service provider’s equipment; and
b)
Provide the technical information in its possession relevant to the sharing of such cell
sites, such as drawings, surveys, technical data, engineering information, future
requirements, and lease provisions.
6.
The owner service provider shall permit the requesting service provider to have access,
accompanied by a representative of the owner service provider, to the cell sites so that the
requesting service provider may assess the feasibility of sharing the sites under the terms
proposed.
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