7.5 Infrastructure Exclusivity Infrastructure exclusivity refers to the exclusive use of the new infrastructure provided through the Rural Telecommunications Program. Where applicable, the service provider that is chosen to provide service to each rural licence area shall be given exclusive use of the associated infrastructure for a proposed period of 5 years from the date of service availability and commencement. Access to the market cannot be restricted under the current exercise without abrogating rights already conferred on the existing national operators. Infrastructure exclusivity shall apply in the case of a new entrant and will not apply to the existing national voice operators (including Mascom, Orange and Botswana Telecommunications Corporation). Subsequent to the 5 year period, the infrastructure exclusivity shall be removed and all licensed service providers shall be allowed to utilise the rural telecommunications program infrastructure in offering services to the citizens in that particular rural licence area. Terms for such usage shall be commercially negotiated between the concerned parties under the applicable conditions. 7.6 Cross Border Provision of utility services such as water and electricity across the borders of neighbouring countries is common regionally and internationally. However, under the current regulatory framework, cross border telecommunications service provision is not allowed. There is capacity to provide service in these areas within Botswana. It is therefore recommended that the regulatory framework should permit the provision of cross border telecommunications. Rural Telecommunications Strategy 26 October 2006 20

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