Section 95, The National Communications Authority Act, 2022

(1) An Infrastructure-only based network licensee mayinstall, maintain and operate electronic communications equipment and facilities for the purposes of operating that infrastructure, provided that any permits or licences required from the Authority to install, maintain and prepare such equipment and facilities have been obtained. (2) The licensee shall submit to the Authority the list of network elements in the facility as and when demanded by the (3) A licensee shall have the right to request and negotiate in good faith any commercial agreement for access or for the purposes of producing communications services to the public. Determination of Interconnection terminal rates. Interconnect liabilities. Access No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 202270 71 (8) Where an electronic communications service licensee fails to reach an agreement within ninety (90) days, the matter may be referred by either of the licensees to the Authority for examination and determination, which may order the licensees to interconnect their electronic communications networks on such reasonable terms as it may prescribe. (9) The refusal of an interconnection request shall be approved by the Authority. 89. (1) The Authority shall maintain a register of all interconnection agreements entered into between electronic communications services and the Authority; (2) The register referred to under sub-section (1) shall contain the following– (a) the names of the parties; (b) a general description of the matter governed by the agreement; and (c) the effective date and duration of the (3) The terms and conditions of an agreement shall not be indicated in the register (4) Interconnecting licensees shall submit to the Authority all interconnection agreements for registration within fourteen (14) days after the agreements are signed. (5) The Authority may request modifications to the terms of the agreement and the final version shall be re-submitted to the Authority for registration. (6) The Authority shall register an agreement reached under this section within fourteen (14) days after receipt of the (7) The Authority may by statutory instrument make rules prescribing any matter considered necessary for inclusion in interconnection agreements. 90. (1) The Authority shall publish a clear and transparent procedure governing approval of the reference interconnect offer (RIO) of operators possessing significant market power. (2) Offers referred to under subsection (1) shall be as detailed as possible in order to facilitate smooth interconnection contract negotiations. (3) The Authority may impose transparency obligations in line with international best practices. 91. The reference interconnection offer approved by the Authority shall be made available on the Authority’s website 92. (1) Where an interconnection negotiation period lapses and no agreement is concluded, or where a dispute arises with the electronic communications service licensees, an aggrieved party may file a petition to the Authority to address the disputes using the dispute resolution mechanism that the affected parties wish to adopt. (2) The aggrieved party shall provide the Authority with all relevant documentation concerning the negotiation, relevant issues and draft interconnection agreements and within thirty (30) days from the petition date, the other party shall provide its response and additional documentation, if it deems it necessary. (3) The parties shall submit any information that the Authority may request. (4) Based on the information provided or collected, the Authority shall proceed to resolve the issue and pending negotiation within forty (40) days from receiving all the relevant documentation. Registration o f interconnection Reference Interconnect Offer. Public reference Interconnection Offer. interconnection. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 73 (4) When requested in writing by another licensee, every infrastructure-only based electronic communications network services licensee shall negotiate an agreement for the purposes of enabling the provision of communications services to the public. (5) An electronic communications network services licensee may refuse an access request on the following legitimate grounds- (a) the access request being unreasonable; (b) the space available is insufficient to implement such access with respect to existing and planned installations in its strategy and business plan; (c) the electronic communications network services licensee would be prejudiced; (d) the access would cause irreparable damage to the property of the licensee; or (e) the electronic communications network services licensee is unable to agree to commercially satisfactory agreement with another licensee (6) Any refusal of an access request shall be reported to (7) Where the parties fail to reach an agreement, either party may refer the matter to the Authority for mediation and determination within a reasonable period not exceeding 90 days (8) The Authority may assist the parties in reaching a mutually acceptable agreement to allow access to its electronic communications networks on default terms and conditions as prescribed by the Authority from time to time. (5) Based on the information provided or collected, the Authority shall assist the parties in reaching an agreement within a reasonable period of time upon receiving all the relevant information. (5) An appeal against the decision of the Authority shall be heard by the High Court PART XIX CO-LOCATION AND INFRASTRUCTURE