Section 29: Access agreement
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
29. Access agreement
(1) Any person may make an application to a public operator or network
licensee for access to its facilities or services other than its network.
(2) Where the public operator or network licensee receives an application, he may, after consideration, grant the application, and negotiate the
terms and conditions of the access with the applicant in good faith, or refuse
the application.
(3) Where the application is not granted and the applicant has reasonable
ground to believe that the operator or network licensee has not acted in
good faith, he may refer the matter to the Authority for its decision.
(4) Where the parties to a proposed access agreement are unable to
agree on the terms thereof within 60 days from the date of the application
under subsection (2), either party may request the Authority to act as an
arbitrator in the matter.
(5) An arbitration made by the Authority pursuant to subsection (4) shall
be deemed to be made under and be regulated by the Code de Procédure
Civile wherever applicable, subject to this Act.
(6) The award of the Authority on the dispute shall be made within 60 days
from the date of the application.
(S. 29 came into operation on 1 June 2002.)
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Questions this section answers
- Can I complain to the Authority if an operator refuses my access request in bad faith?