a) Commence negotiations related to the request for Access Services on the
proposed date;
b) Supply the form of Access Services requested; and,
c) Provide the Access Services within the time frame requested by the Access
Seeker.
3) Where the Access Provider has informed the Access Seeker that it is able to provide
the requested Access Services, it shall:
a) Provide a copy of an approved RISO;
b) Allow the Access Seeker to conduct a site survey; and,
c) Initiate negotiations not later than ten (10) working days after receipt of the Access
Services request.
4) The Access Provider and Access Seeker shall negotiate in good faith and use their
best efforts to complete negotiations and execute an Access Agreement not later
than fifteen (15) working days after initiating negotiations, or within a reasonable
timeframe agreed by both parties.
5) The Access Provider and Access Seeker shall ensure that the conditioning of facilities
and premises required to put into effect the Access Agreement are completed no
later than thirty (30) working days after the execution of the Access Agreement, or
within a reasonable timeframe agreed by both parties.
6) A request for Access Services shall be refused only on grounds set out in Article 7(3)
of this Directive and shall be justified in writing by the Access Provider, no later than
ten (10) working days after receiving a request for Access Services.
7) A copy of a refusal of a request for Access Services, shall be filed with the Authority
by the Access Provider, not later than five (5) working days after the refusal has been
submitted to the Access Seeker.
8) Pursuant to Articles 44(4) and 44(9) of the Proclamation, where the Authority has
determined that the Access Provider holds SMP in a relevant market for a requested
Access Services, and the parties fail to reach an agreement within a reasonable
timeframe, either party may appeal to the Authority, or the Authority may intervene
on its own instance, to make a binding ruling pursuant to Articles 34 and 36-38 of
the Proclamation, or in accordance with the Authority’s Dispute Resolution
Directive.
PART FIVE
ACCESS AGREEMENTS
10. Access Agreements
1) All Access Agreements shall be made in writing and shall:
a) Be in accordance with the principles set out in Article 6 of this Directive;
b) Comply with the terms and conditions of the licenses of both parties;
c) Conform to generally accepted industry standards and standards adopted by the
Authority; and,
6
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