PART FOUR Wholesale National Roaming Services Procedures 9. Rights and Obligations 1) A New Licensee has the right, during its National Roaming Period, to request Wholesale Roaming Services from any Telecommunications Operator that the Authority has determined to have SMP in a relevant market for wholesale mobile access and call origination. 2) A Roaming Provider that the Authority has determined to have SMP in a relevant market for wholesale mobile access and call origination, who receives a request for Wholesale Roaming services from a New Licensee, shall have the obligation to accommodate such request to the extent that it is technically feasible, and shall negotiate in good faith, reasonable terms and conditions for such services. 3) A Roaming Provider has the right to decline to provide the requested Wholesale Roaming, only if: a) It is technically unfeasible because of: i. Incompatibility issues; or, ii. Ureasonable high risk to the safety, reliability, integrity and security of the telecommunications network or services; or, b) The National Roaming Period of the Roaming Seeker has expired; or, c) The Roaming Seeker has built its own cellular mobile network in the area for which Wholesale Roaming is being requested. 10. Good Faith Negotiations 1) Agreements for Wholesale Roaming 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 Wholesale Roaming. 2) Negotiations in good faith implies that each negotiating party shall not: a) Intentionally mislead the other party; b) Coerce the other party into making an agreement that it would not otherwise have made; or, c) Intentionally obstruct negotiations. 3) The following actions shall be regarded as a breach of the principle of negotiating in good faith: a) Failing to provide the other operator with all relevant information on a timely basis; b) Demanding to sign non-disclosure agreements that are coercive or unnecessarily broad or restrictive; c) Refusing to allow the insertion of clauses in an agreement that permits future amendments; d) Attempting to tie terms and conditions contained in the agreement to the resolution of other unrelated issues; e) Demanding charges or fees that are not cost oriented; f) Proposing unreasonable terms and conditions; 5