2) Notwithstanding, Sub-Article (1) of this Article, the first-come, first-served basis
shall not prevent subsequent simultaneous requests from being considered equally in
a non-discriminatory manner and all served in a consistent manner.
3) A Telecommunications Operator shall take into consideration the demand for
infrastructure sharing and collocation when expanding its facilities and when
installing or deploying new infrastructure amenable to sharing and co-location.
4) Where there is no available capacity at the existing facilities to meet the needs of
additional requests, a Telecommunication Operator shall consider re-development as
a means of increasing capacity at existing facilities.
5) A Telecommunication Operator that installs or plans to install infrastructure
amenable to sharing may require potential Access Seekers to express their
requirements in writing and, subject to mutual agreement, share the development
costs of the new infrastructure that are amenable to sharing.
6) The right of a Telecommunication Operator to reserve capacity for which it has
made long term investments shall, at all times, be recognized but balanced against the
need of not hampering the network roll-out or expansion plans of new market
entrants.
7) Where a Telecommunication Operator exercises the option to reserve some Access
Services rights in circumstances of limited capacity:
a) The reserve period shall not exceed two (2) years, after which period the right
shall cease to be reserved and be available to Access Seekers;
b) Not more than twenty-five percent (25%) of capacity shall be reserved in each
available infrastructure.
8) Information and documentary evidence of the reservation shall be maintained by a
Telecommunications Operator and made available to other operators on demand.
18. Obligation to Safeguard Availability of Access to New Infrastructure
1) When planning and constructing new network infrastructure or facilities, all Access
Providers shall take into account, to a reasonable extent, the demand for collocation
and infrastructure sharing that exists, or that may exist, following the expansion, or
construction, of new network infrastructure or facilities. This new infrastructure shall
be planned and constructed to facilitate collocation and infrastructure sharing with
Access Seekers, in accordance with this Directive.
2) An Access Provider that plans to install or construct new passive network
infrastructure or facilities, shall share its development plans with other
Telecommunications Operators as can reasonably be expected to require access to
such passive network infrastructure and facilities in the future.
3) No Telecommunications Operator shall install cables, equipment,
that do not correspond to the current or foreseeable needs
customers, and which, as a result of undue space utilization,
collocation and the sharing of infrastructure with current, or
Seekers.
or other facilities
for servicing its
prevent or limit
potential Access
4) Where an Access Provider, plans to alter, expand, or move network infrastructure
components, or facilities, that are subject to an Access Agreement, the Access
Provider shall give no less than ninety (90) working days written notice to the parties
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