146 No. 15 of 20091

Information and Communication
Technologies

contain the terms and conditions of each
interconnection agreement; and
be open to public inspection on such terms and conditions
as the Authority may determine.
Access
agreements

43. (1) A licensee may, for the purpose of providing electronic
communications services to the public, negotiate in good faith, an
agreement for access to any element of the electronic
communications network elements of the licensee that appear in
the list referred to in section forty-one, and, where requested in
writing by another licensee, shall, for the purpose of enabling the
provision of electronic communications services to the public,
negotiate an agreement for access to the electronic communications
network.
Where the parties referred to in subsection (1) fail to reach
agreement within the prescribed period, any party may refer the
matter to the Authority for determination.
The Authority shall, where a licensee refers a matter to it
under subsection (2), order the licensee to whom a request is
made pursuant to subsection (1), to allow access to that licensee's
electronic communications network, on such terms and conditions
as the Authority may determine.
(4) A licensee that, for the calendar year in question, holds a
dominant position in an electronic communications market in
accordance with this Act, shall for the purpose of providing
electronic communications services to the public, in relation to the
electronic communications market, offer access to requesting
licensees—
on reasonable and non discriminatory terms and
conditions, in particular in respect of the price; and
of the same technical quality as the technical quality
provided on the licensee's own electronic
communications network or, for the licensee's own
electronic communications services.
(5) An access agreement shall be in writing and shall be filed
with the Authority.
The Minister may, by statutory instrument, prescribe
matters and other particulars for inclusion in access agreements.
The Authority shall maintain a register of all access
agreements, that-

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