2) Notwithstanding, Sub-Article (1) of this Article, the first-come, first-served basis shall not prevent subsequent simultaneous requests from being considered equally in a non-discriminatory manner and all served in a consistent manner. 3) A Telecommunications Operator shall take into consideration the demand for infrastructure sharing and collocation when expanding its facilities and when installing or deploying new infrastructure amenable to sharing and co-location. 4) Where there is no available capacity at the existing facilities to meet the needs of additional requests, a Telecommunication Operator shall consider re-development as a means of increasing capacity at existing facilities. 5) A Telecommunication Operator that installs or plans to install infrastructure amenable to sharing may require potential Access Seekers to express their requirements in writing and, subject to mutual agreement, share the development costs of the new infrastructure that are amenable to sharing. 6) The right of a Telecommunication Operator to reserve capacity for which it has made long term investments shall, at all times, be recognized but balanced against the need of not hampering the network roll-out or expansion plans of new market entrants. 7) Where a Telecommunication Operator exercises the option to reserve some Access Services rights in circumstances of limited capacity: a) The reserve period shall not exceed two (2) years, after which period the right shall cease to be reserved and be available to Access Seekers; b) Not more than twenty-five percent (25%) of capacity shall be reserved in each available infrastructure. 8) Information and documentary evidence of the reservation shall be maintained by a Telecommunications Operator and made available to other operators on demand. 18. Obligation to Safeguard Availability of Access to New Infrastructure 1) When planning and constructing new network infrastructure or facilities, all Access Providers shall take into account, to a reasonable extent, the demand for collocation and infrastructure sharing that exists, or that may exist, following the expansion, or construction, of new network infrastructure or facilities. This new infrastructure shall be planned and constructed to facilitate collocation and infrastructure sharing with Access Seekers, in accordance with this Directive. 2) An Access Provider that plans to install or construct new passive network infrastructure or facilities, shall share its development plans with other Telecommunications Operators as can reasonably be expected to require access to such passive network infrastructure and facilities in the future. 3) No Telecommunications Operator shall install cables, equipment, that do not correspond to the current or foreseeable needs customers, and which, as a result of undue space utilization, collocation and the sharing of infrastructure with current, or Seekers. or other facilities for servicing its prevent or limit potential Access 4) Where an Access Provider, plans to alter, expand, or move network infrastructure components, or facilities, that are subject to an Access Agreement, the Access Provider shall give no less than ninety (90) working days written notice to the parties 11

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