EXPLANATORY NOTE 1. The primary object of these Guidelines is to establish a framework within which communications operators can negotiate and conclude sharing arrangements for passive infrastructure. 2. All communication infrastructures erected, constructed or located within Botswana, except those exclusively used for purposes of State security and emergency services, shall comply with the terms of these guidelines. 3. The Guidelines are divided into four parts. A summary of each Part of the proposed Guidelines is provided below. 4. Part I sets out the background to the Guidelines, objectives of the Guidelines and provides definitions of technical terms used in the Guidelines. Words and or phrases defined in the Telecommunications Act are given the meaning given to them by the Act. This part deals with the responsibility of the Authority under the Telecommunications Act. The idea is to show the legal basis for the work of the Authority and its legal right and or power to encourage communications infrastructure sharing. 5. The second component under background deals with status of the Guidelines vis-a-vis other legal instruments. It subjects the Guidelines to the Telecommunications Act; Telecommunications Regulations, other relevant and applicable laws as well as the licence conditions of operators. It specifically recognises that there are other pieces of legislation and institutions of Government whose jurisdiction has a direct or indirect bearing on infrastructure sharing, installation or deployment. Such laws are public health laws, environmental laws, civil aviation laws, land laws etc. The Authority is enjoined under Part I, in performing its regulatory duties with respect to facilitating and or encouraging infrastructure sharing, to cooperate with such relevant and competent bodies, Government Departments and or agencies as are relevant. 4|Page