Section 88, The National Communications Authority Act, 2022

(1) The parties to an interconnection agreement shallnegotiate the technical and commercial terms in a fair, transparent and balanced manner. rules or regulations regarding the interconnection process ensuring that interconnection is treated as a commercial transaction between the parties (3) The interconnection agreement shall be in writing and shall set out the contractual terms and conditions agreed by the parties, including, but not limited to the– Negotiation process Interconnection. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 202266 67 (d) abuse of dominant position. 86. (1) The Authority shall conduct market analysis at least once every three years (2) After conducting a market analysis under subsection (1) the Authority shall, not later than 31st December of that year publish in the Gazette and its website a list of the following- (a) all retail and wholesale electronic communications markets that in the Authority’s opinion require prior regulatory control ; and (b) licensees deemed to hold a dominant position for each identified electronic communications market. (3) The Authority shall deem a licensee to hold a dominant position in a given electronic communications market for a given year where in its opinion the licensee acting alone is able to profitably and materially restrain or reduce competition for the communications market. (4) The Authority shall deem licensees to hold joint dominant position in a given electronic communications market for a given year where, in its opinion, the licensees together are able to adopt a common policy on the market because of factors giving rise to a connection between them and to act independently of their competitors and consumers to a considerable extent for the electronic communications market for the year concerned. (5) The Authority may by notice published in the Gazette and its website, modify any list published under subsection (2) for the remainder of the calendar year concerned (6) The Authority shall notify the public through the Gazette and its website about the modification under sub section 5 four weeks before modifying the list (7) The Authority may by statutory instrument make rules or regulations of the following- (a) criteria to be used when determining a dominant position; (b) defining communications market; and (c) determining whether a licensee holds a dominant position Fair competition No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 69 (a) interconnection location between the two networks; (b) the interconnection costs; (c) the interconnection terminal rates referred to under Section 94; and (d) maintenance fees. (4) Interconnection costs shall remain cost-oriented and transparent. (5) The total period of negotiation shall not exceed ninety (90) days. (6) In the event of a refusal, the interconnection provider shall notify the other party of its decision, and the reasonable and legitimate grounds for the decision. (7) An electronic communications services licensee shall refuse an interconnection request on the following legitimate grounds– (a) the interconnection request is unreasonable; (b) the network or application services licensee would be prejudiced; (c) the interconnection would cause irreparable damages to the property of the licensee; (d) the requesting party is engaged in anticompetitive behaviour such as traffic dumping, predatory pricing and other anticompetitive practices or (e) the Authority thinks granting such interconnection request is inapplicable. (5) The Authority may- (a) impose appropriate conditions on the implementation of the terms and conditions for the interconnection agreement; (b) order that the requirements and the offer meet legal requirements; (c) oblige the parties to agree on an arrangement and enter into an interconnection agreement.