Information and Communication
Technologies

[No. 15 of 2009 147

(a) shall, without revealing the terms and conditions of the
agreement, containthe names of the parties to the agreement;
a general description of the matters governed by
the agreement; and
(iii) the date of the agreement; and
(b) shall be open to public inspection, on such terms and
conditions as the Authority may determine.

44. (1) A licensee who has the right under this Act to install Co-location
facilities on, over or under public or private land, or to use private
property, shall, where requested in writing by another licensee for
the purpose of providing electronic communications services to
the public, negotiate an agreement for co location with that other
licensee.
Where the parties referred to under subsection (1), fail to
reach agreement within the prescribed period, either party may
refer the matter to the Authority for determination.
The Authority shall, where a matter is referred to it under
subsection (2), order the parties to undertake co location on such
terms as it may determine.
(4) Notwithstanding subsection (1), a licensee may reject a
request to negotiate an agreement for co-location where—
the space available is insufficient to
accommodate the physical co-location
requested and virtual co location is not
reasonably feasible;
the co-location requested is likely to lead to
harmful interference; or
(c) viable alternatives to co-location are open to
the requesting party and have not been
reasonably explored.
(5) A licensee shall make a refusal to negotiate an agreement
for co location in writing and shall set forth clearly and in sufficient
detail the reasons relied upon:
Provided that such refusal shall be approved by the
Authority.

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