Communications 2003 No. 19 94.—(1) The Commission or a person may seek an interim or interlocutory injunction against any conduct prohibited in this Part. A 323 Legal action against default. (2) A person shall obtain a certificate from the Commission for leave to proceed to the court for enforcement of the provisions of this Part except in the case of an injunction. 95.—(1) Subject to subsection (2) of this section, the Commission may make regulations or rules in respect of agreements between licensees under this Act and foreign network facilities providers or network service providers. Regulations etc. relating to foreign operators. (2) The Commission shall only make the rules under subsection (1) of this section which are intended to prevent or mitigate : (a) any conduct by foreign network facilities providers or network service providers that shall or is likely to lead to a substantial lessening of competition in any aspect of the Nigerian Communications market; or (b) the misuse of market power in any aspect of the Nigerian communications market. PART II—INTERCONNECTION 96. If a network services or facilities provider receives a request for interconnection from another licensee, then the service or facilities provider shall have an obligation to interconnect its communications system with the other licensee’s network at technically feasible locations, in accordance with the principles specified if section 97 of this Act and pursuant to terms and conditions negotiated between the parties in good faith. Obligation to in terconnect. 97.—(1) All interconnection agreements between licensees shall be in writing and shall comply with : Interconnection agreements. (a) this Act, the regulations and guidelines published from time to time by the Commission pursuant to this Act ; and (b) the principles of neutrality, transparency, non-discrimination, fair competition, universal coverage, access to information, equality of access and equal terms and conditions. (2) The terms and conditions of interconnection agreements shall primarily be agreed upon between the parties thereto and the Commission may intervene and make binding rulings at its instance or at the instance of either or both parties to the agreement : (a) if the Commission determines that the agreement or any provision thereof is inconsistent with the provisions of this Act or its subsidiary legislation ; or (b) in the event of a failure of consensus between the parties on specific issues or a delay in reaching such consensus ; or (c) if the Commission considers it in the public interest for it to so intervene at its own instance and without any invitation from either or both parties to the agreement.

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