CHAPTER VIII
INTERCONNECTION, CELL SITE SHARING AND ACCESS
Article 38
Negotiation of interconnection, cell site sharing and access agreements
1.
Without prejudice to the present Decree-Law and the Authority’s functions,
responsibilities and powers thereunder, service providers are at liberty to negotiate
interconnection, cell site sharing and access agreements on a commercial basis.
2.
When requested by another registered service provider in writing for the purpose of
providing telecommunications services to the public, a service provider shall negotiate
and endeavour to reach an agreement on:
a)
Interconnection, pursuant to article 39;
b)
Cell site sharing, pursuant to article 40; and
c)
Forms of access, pursuant to article 41.
3.
In negotiating such agreements, service providers shall:
a)
Respond to any request for negotiation;
b)
Meet all reasonable requests for interconnection, cell site sharing or the requested form of
access;
c)
Propose reasonable conditions, including those related to pricing, timing, quality,
technical specifications and fault handling;
d)
Supply interconnection, cell site sharing or the required form of access in a manner that is
sufficiently unbundled to enable the requesting service provider to have the
interconnection, cell site sharing or access it reasonably requested;
e)
Make available information, including technical specifications and commercially relevant
information, which is reasonably required by the requesting service provider for the
purposes of negotiation and implementation of the agreement;
f)
Comply with technical or operational conditions required by the Authority to ensure
normal operation of the network; and
g)
Ensure that such interconnection, cell site sharing or requested form of access is achieved
within a reasonable period of time in accordance with this Chapter.
4.
Service providers shall negotiate such agreements on a non-discriminatory basis,
applying equivalent conditions in equivalent circumstances to other service providers
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