Telecommunications Ordinance
Part 6
6-32
Section 36AA
Cap. 106
to providing for fair compensation to the licensee for the
provision, use or sharing of the facility.
(5) A shared facility may include a building, place or premises
that is exclusively occupied and operated by one of the parties
to the sharing agreement.
(6) If the parties do not reach an agreement within a reasonable
time, and the Authority requires shared use of the facility,
then—
(a) the Authority may determine the terms and conditions
for the shared use of the facility;
(b) the determination under paragraph (a) shall include
terms and conditions providing for fair and reasonable
compensation payable in all the circumstances of the
case for the shared use of the facility;
(c) the compensation referred to in paragraph (b) shall
include the relevant reasonable costs attributable to the
provision, use or sharing of the facility;
(d) to calculate the costs referred to in paragraph (c), the
Authority may select from alternative costing methods
what it considers to be a fair and reasonable costing
method. (Amended 17 of 2011 s. 28)
(7) For the purposes of this section facility (設施) includes—
(a) a cable, wire, telecommunications line, duct, pit, tunnel
and manhole;
(b) a tower, mast, pole and antenna;
(c) land, buildings and ancillary equipment at sites on which
radiocommunications facilities have been established;
(d) reasonable space within a carrier licensee’s exchange
buildings or other sites to locate equipment of another
licensee required to establish interconnection between
Last updated date
14.12.2015
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