Section 98, The National Communications Authority Act, 2022

(1) Upon request from a qualified licensee theinfrastructure-only provider shall use its best reasonable endeavours to provide the requesting party with a co-location or infrastructure sharing offer, providing relevant details and substantial information to facilitate a feasibility study on its network to implement the infrastructure sharing. (2) The infrastructure-only provider shall provide the requesting party with the information under subsection (1) within ninety (90) days from receiving a relevant request. (3) An infrastructure-only provider may refuse the colocation or sharing of network facilities on the following legitimate grounds- Co-location. Co-location Infrastructure sharing request. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 202274 75 (9) Any electronic communications network service licensee that has been deemed to hold a dominant position in a given electronic communications market for the year in question, shall offer access to requesting licensees, for the purposes of enabling the provision of communications services to the public. (10) Any electronic communications network service licensee shall, for the purposes of enabling the provision of communications services to the public, offer access to requesting licensees- (a) on reasonable and non-discriminatory terms and conditions, in particular in respect of price; (b) of the same technical quality as the technical quality provided on its own electronic communications network or, as the case may be, for its own communications services. (11) An access agreement between parties shall not be implemented unless filed with the Authority. (12) The Authority may, from time to time, issue guidelines on any matter considered necessary for inclusion in access agreements. (13) The Authority shall maintain a register of all access agreements, which shall contain– (a) the names of the parties to the agreement; (b) general description of the matter governed by the agreemen ; and (c) the date of the agreement. (14) The register referred to under subsection (13) shall – (a) not indicate the terms and conditions of any agreement; (b) be open to public inspection, subject to such procedures and fees as may be prescribed by (15) Any information obtained by either party to an access agreement as a result of negotiations, and which was previously unknown to the party obtaining it and not publicly available when obtained, may only be used for the purposes for which it was supplied for as long as the information remains publicly unavailable. 96. (1) In the event– (a) the access negotiation period exceeds sixty (60) days and no agreement is concluded; (b) dispute arises between the partiesany party may make a request to the Authority to mediate 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 information concerning the negotiation, issues, and draft 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 additional information from any of the parties, who shall submit such information to the Authority within seven (7) days from the request. access. No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 77 (a) the request of co-location or infrastructure sharing is 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 market strategy of the infrastructure provider would be prejudiced; (d) the infrastructure sharing would challenge the capacity provided through the infrastructure, leading to harmful interferences; (e) the infrastructure sharing would cause irreparable damage to the property or the interoperability of the infrastructure; (f) the infrastructure has been in operation for less than 3 (three) years. (4) A refusal under subsection (3) shall be made in writing and shall state the reasons for the refusal.