CHAPTER VIII INTERCONNECTION, CELL SITE SHARING AND ACCESS Article 38 Negotiation of interconnection, cell site sharing and access agreements 1. Without prejudice to the present Decree-Law and the Authority’s functions, responsibilities and powers thereunder, service providers are at liberty to negotiate interconnection, cell site sharing and access agreements on a commercial basis. 2. When requested by another registered service provider in writing for the purpose of providing telecommunications services to the public, a service provider shall negotiate and endeavour to reach an agreement on: a) Interconnection, pursuant to article 39; b) Cell site sharing, pursuant to article 40; and c) Forms of access, pursuant to article 41. 3. In negotiating such agreements, service providers shall: a) Respond to any request for negotiation; b) Meet all reasonable requests for interconnection, cell site sharing or the requested form of access; c) Propose reasonable conditions, including those related to pricing, timing, quality, technical specifications and fault handling; d) Supply interconnection, cell site sharing or the required form of access in a manner that is sufficiently unbundled to enable the requesting service provider to have the interconnection, cell site sharing or access it reasonably requested; e) Make available information, including technical specifications and commercially relevant information, which is reasonably required by the requesting service provider for the purposes of negotiation and implementation of the agreement; f) Comply with technical or operational conditions required by the Authority to ensure normal operation of the network; and g) Ensure that such interconnection, cell site sharing or requested form of access is achieved within a reasonable period of time in accordance with this Chapter. 4. Service providers shall negotiate such agreements on a non-discriminatory basis, applying equivalent conditions in equivalent circumstances to other service providers

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