7.
The owner service provider may reserve space in its cell sites to meet future needs in
accordance with its development plan for the next two years.
8.
All reasonable costs of site surveys, feasibility studies and necessary adaptations and
changes to install the requesting service provider’s equipment, including costs incurred
by the owner service provider, will be borne in full by the requesting service provider.
9.
Service providers intending to install one or more cell sites after the date on which the
new service providers licensed pursuant to paragraph 3 of article 81commence
commercial services in Timor-Leste shall:
a)
Notify the other registered service providers licensed to provide mobile services of their
intention and identify the specific location where the cell site is to be installed, and give
30 days notice to:
i)
State their interest in sharing the site(s); and
ii)
Make information available on the equipment to be installed as well as the
space(s) to be occupied and/or any other information that the service provider to
whom the communication is addressed may deem relevant;
b)
The service provider expressing an interest in sharing the sites in question, referred to as
the interested service provider, must provide the service provider intending to build with
the technical specifications of the planned sharing requirements, and in turn the service
provider proposing the installation of the site must provide the information related to the
requirements of the equipment it plans to install;
c)
The parties shall negotiate the requirements of a shared cell site, and the reasonable terms
and conditions on which it will be shared;
Unless otherwise agreed to by the parties, all reasonable costs of feasibility studies,
planning, permissions, cell site facilities and installation shall be borne by the service
providers in proportion to their use and reservation of the cell site’s capacity; and
d)
e)
Where a service provider does not express an interest in following up the notification
mentioned in subparagraph a) of this paragraph, this shall not hinder its right to, at any
time, exercise its right to request sharing the cell site pursuant to this article.
10.
Without prejudice to or limiting in any way service providers’ right to resort to dispute
resolution mechanisms under Chapter XI, where the parties fail to agree on a technical
matter relating to a denial of a request for sharing a cell site, already installed or to be
installed, either party may call on the Authority to appoint an expert in cell site sharing to
provide an opinion on this matter after reviewing the technical submissions of each
involved party.
11.
In order to promote the development of sites and the reciprocal sharing thereof, an owner
service provider and/or a service provider intending to install a new site has the right to
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