8. Good Faith Negotiations
1) Agreements for Access Services shall be negotiated in good faith between the
operators involved, and where disagreements arise, the parties shall use reasonable
endeavors to resolve all disputes relating to Access Services.
2) Negotiations in good faith implies that neither negotiating party shall:
a) Intentionally mislead the other party;
b) Refuse to provide information relevant to an agreement, including information
necessary to identify facility needed and cost data;
c) Force or coerce the other party into making an agreement that it would not
otherwise have made; or,
d) Intentionally obstruct or delay negotiations;
3) The following actions shall be regarded as a breach of the principle of negotiating in
good faith:
a) Failing to provide all relevant information to the other operator, relevant to the
Services sought;
b) Demanding charges or fees that are not cost oriented;
c) Proposing unreasonable terms and conditions;
d) Demanding to sign non-disclosure agreements that are coercive or unnecessarily
broad or restrictive;
e) Refusing to allow the insertion of clauses in an agreement that permits future
amendments;
f) Attempting to tie terms and conditions contained in the agreement to the
resolution of other unrelated issues;
g) Taking actions that are intended to delay negotiations, including, but not limited
to, consistent refusal to designate a representative with the authority to make
binding commitments; and,
h) Taking any other actions that may be deemed breaches of the principle of
negotiating in good faith as determined by the Authority, from time to time.
9. Requesting Access Services
1) When a Telecommunications Operator makes a request for Access services to
another operator, the Access Seeker shall make such request as follows:
a) In writing to the Access Provider;
b) Include sufficient information in relation to the kind of Access Service requested,
including, but not limited to, the suggested date for commencement of
negotiations, the date for which the Access Services are required, and technical
specifications; and,
c) Inform the Authority in writing about the request within five (5) Working Days
of its Application to the Access Provider.
2) Within ten (10) working days of receiving such request, the Access Provider shall
inform the Access Seeker in writing, if it is able to:
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