Telecommunications Ordinance
Part 6
6-30
Section 36AA
Cap. 106
(1) The Authority may direct a licensee to coordinate and
cooperate with another licensee specified by the Authority in
the public interest to share the use of any facility owned or
used by it.
(2) Prior to issuing a direction in the public interest under
subsection (1), the Authority shall provide a reasonable
opportunity for the licensee, and any other interested
party, to make representations on the matter and shall give
consideration to all representations made before it decides
whether or not to issue the direction. (Amended 17 of 2011
s. 28)
(3) In considering a direction in the public interest to share a
facility, the Authority shall take into account relevant matters
including, but not limited to—
(a) whether the facility is a bottleneck facility;
(b) whether the facility can be reasonably duplicated or
substituted;
(c) the existence of technical alternatives;
(d) whether the facility is critical to the supply of service by
the licensees;
(e) whether the facility has available capacity having regard
to the current and reasonable future needs of the licensee
or person to whom the facility belongs;
(f) whether joint use of the facility encourages the effective
and efficient use of telecommunications infrastructure;
(g) the costs, time, penalties and inconvenience to the
licensees and the public of the alternatives to shared
provision and use of the facility.
(4) Where another licensee reasonably requests to share a facility,
the licensee shall endeavour to come to an agreement with the
requesting party on the conditions, including but not limited
Last updated date
14.12.2015
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