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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