Print Options

(1) An operator shall give access to other operators who request access to the facilities or public rights of way or statutory wayleaves that it owns or controls on a timely basis

(2) Where, a network operator requests the use by Its network of a utility installation owned by a public utility it shall have the right to use the installation in accordance with this section and where any public utility requests the use of facilities of a network operator, the public utility shall have the rights of the network operator under this section.

(3) Access to facilities and utility installations shall be negotiated between or among network operators and public utilities on a non-discriminatory and equitable basis and charges payable shall be determined on a cost-sharing basis.

(4) At the request of the parties, the Authority may assist in negotiating an agreement between them.

(5) A network operator or public utility may deny access to a facility or utility installation only where it demonstrates that the facility or utility installation has insufficient capacity, taking into account its reasonably anticipated requirements, or where there are reasons of safety, security, reliability or difficulty of a technical or engineering nature.

(6) The Authority may regulate the rates, terms and conditions for access to a facility or utility installation, and shall ensure that the rates, terms and conditions are just and reasonable and to the greatest extent possible, based on a cost-sharing formula.

(7) In carrying out its functions under this section, the Authority may adopt necessary and appropriate procedures to resolve disputes concerning the rates, terms and conditions.

(8) The owner of a shared facility shall be responsible for the maintenance of the facility and the responsibility for the connection and engineering of other occupiers equipment shall be by agreement of the parties.

(9) Under this section, access to facilities does not include inter- connection.