6. Part II deals with substantive issues of infrastructure sharing. It specifies which infrastructure can be shared. In line with the Consultancy Report, the infrastructure to be shared is the one defined as passive infrastructure in the report. This is the non-electronic component of the network. Realising that the list in the Guidelines may not be exhaustive, BTA is given the right to change the list as it deems appropriate. One of the key provisions to note under this part is the one restricting sharing of ducts to Public Telecommunications Operators. 7. This Part also balances the dictates of infrastructure sharing and the policy goal of competition in the provision of communication services. Infrastructure sharing should be implemented in a manner that does not constrain competition and or violate licence conditions of operators. In the event infrastructure sharing is inconsistent with the relevant licence(s) and/or provide a risk of lessening of competition, the Authority may require such arrangement to be discontinued. 8. Part II also provides the procedure for negotiating infrastructure sharing arrangements. To address the possible unnecessary prolonged negotiations, specific timeframes are stipulated within which the negotiations should be concluded. In addition, the owner of infrastructure over which sharing is sought is prohibited from doing certain things considered inconsistent with infrastructure sharing. There is provision for appeals against unreasonable refusal to share infrastructure. 9. Part II also deals in detail with the minimum terms and conditions for Infrastructure Sharing. An operator which owns infrastructure is required to provide capacity to other operators on a “first-come, first served” basis, determined in accordance with the order in which the operator owning or having control over a facility, receives requests for infrastructure sharing. It provides circumstances under which an operator may not be able to accede to the application for sharing. These include the grounds of insufficient capacity, safety, and general engineering issues. Most fundamentally, the terms on which infrastructure sharing is offered should be in compliance with the principles of neutrality, transparency, non-discrimination and fair competition. Prices for infrastructure sharing should be non5|Page

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