Section 103, The National Communications Authority Act, 2022

(1) The Authority may impose obligations on any licenseefound to be a dominant market player in accordance with section 87 and is engaging in any behaviour that the Authority reasonably deems to be anti-competitive. (2) A dominant market player shall – (a) publicly make available information regarding interconnection , access and infrastructure sharing; (b) submit to the Authority its technical and price offers relating to interconnection , access and infrastructure sharing; (c) modify its offers to comply with this Act; (d) have a separate account for interconnection, access and infrastructure sharing costs , fees and any other business activities sufficiently detailed to allow the Authority to identify all the elements of revenue and costs, together with the basis for their calculation; (e) comply with any other obligation determined by the Authority. Obligation of Dominant Market player. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 202278 79 (d) the technical specifications; (e) the financial conditions of payment; (f) the provision of co-location for facilities; (g) the duration, re-negotiation and review of the agreement; (h) disputes resolutions procedures; and (i) any other condition deemed necessary. (3) The infrastructure-only provider shall treat any party requesting co-location or infrastructure sharing on a nondiscriminatory basis, and with no less favourable conditions than the offer provided to similar infrastructure acquirers. 100. (1) In the event– (a) the co-location and infrastructure sharing negotiation period exceeds a reasonable period of time not exceeding 90 days and no agreement is concluded; or (b) a dispute arises between the parties either of the parties may request the Authority to assist in the resolution of the dispute using the dispute resolution mechanisms that the affected parties are willing to adopt. (2) The petitioner shall provide the Authority with all relevant documentation concerning the negotiation, issues, and drafts of the agreements. (3) Within thirty (30) days from the date of the petition, the other party shall provide its response and any additional information it deems necessary. (4) The Authority may request for additional information from any of the parties, who shall submit the information to the Authority within fourteen (14) days from receipt of the request (5) Based on the information provided or collected, the Authority shall arbitrate the issue within forty (40) days from receiving all relevant information. 101 . (1) Electronic communications infrastructure-only network services licensees shall publish and keep updated a reference offer for unbundled access to their local loops and related facilities. (2) The offer referred to in subsection (1) shall be sufficiently unbundled so that the beneficiary shall not have to pay for the network elements of facilities that are not necessary for the supply of its services, and shall contain a description of the components of the offer, associated terms and conditions, including charges. (3) Electronic communications network services licensees shall endeavour to meet reasonable requests from other licensees to access their local loops and related facilities on transparent, fair and non-discriminatory conditions. (4) Requests shall be refused on the basis of objective criteria, relating to technical feasibility, commercial feasibility or the need to maintain network integrity. (5) Where access is refused, the aggrieved party may submit the case to the dispute resolution procedure referred to in section 101. (6) Electronic communications network services licensees shall charge prices for unbundled access to the local loop and related facilities set on the basis of cost-orientation. 102. (1) The Authority shall ensure that charging for unbundled access to the local loop fosters fair and sustainable competition. access. Unbundled access to local loop. Supervision by the No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 81 104 . (1) If it appears to the Authority that a licensee is– (a) taking or intends to take any action that may constitute abuse of a dominant position in relation to the provision of any communications service; or (b) unfairly placing another licensee engaged in communication activities at a competitive disadvantage in relation to that licensee the Authority may order the licensee to cease or refrain from taking or continuing the action. (2) Prior to making the order under subsection (1) the Authority shall give the licensee engaged in unfair competition activities an opportunity to make representations, PART XXI -ESSENTIAL FACILITIES