5. Minimum Requirements and Guidelines 5.1. Basic Requirements In accordance with the provisions of article 48 of the Telecom Law, if practicable to do so, a licensee shall not refuse, obstruct or in any way impede another licensee in the making of any infrastructure sharing arrangement. An infrastructure seeker or infrastructure provider shall not negotiate or propose to enter into an infrastructure sharing agreement where the Authority determines that: (a) infrastructure sharing would endanger life or safety, or irreparably damage property or threaten the integrity, security or interoperability of a telecommunication network/service (b) the licence issued to the infrastructure provider exempts it from the obligation to provide infrastructure sharing; (c) the licence issued to the infrastructure seeker does not authorize it to operate the telecommunication network or to provide the telecommunication service for which infrastructure sharing is sought; or (d) the requested infrastructure sharing is contrary to the laws of Rwanda or the public interest. An infrastructure provider shall not refuse to provide infrastructure sharing services, except, as provided by article 48 of the law, where: (a) It is not economically reasonable to allow such use; (b) It likely causes damage to the nature or function of such infrastructure; (c) Major additional construction is required; (d) Other technical considerations may endanger his/her telecommunications infrastructure Either claim has to be verified by an independent certified engineer or expert appointed by a committee composed of the Authority and operator(s) involved after the matter has been referred to the Authority. This appointment will be handled on a case-by-case basis. Where an infrastructure seeker disagrees with the basis for any refusal, it may refer the matter to the Authority. 4

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