Business
THE Nigerian Communications Commission, NCC, has released its guidelines on co-location and infrastructure sharing as provided for in the Nigerian Communications Acts of 2003.
The guidelines, signed by Professor Umar Garba Danbatta, Executive Vice Chairman/CEO, NCC, provide for the responsibilities of the commission under the act as it relates to the communications industry.
According to the NCC, the primary objectives of the guidelines are to establish a framework within which access providers and access seekers can negotiate Co-location and Infrastructure Sharing, C/IS, arrangements.
“The Commission also reserves the right to review/vary and modify these guidelines from time to time, in accordance with the provisions of the Act.
“Specifically, the guidelines seek to ensure that the incidence of unnecessary duplication of infrastructure is minimised or completely avoided.
“Protect the environment by reducing the proliferation of infrastructure and facilities installations,
“Promote fair competition through equal access being granted to the installations and facilities of operators on mutually agreed terms,
“Ensure that the economic advantages derivable from the sharing of facilities are harnessed for the overall benefit of all telecommunications stakeholders,
“Minimise capital expenditure on supporting infrastructure and to free more funds for investment in core network equipment, and
“Encourage Access Providers and Access Seekers to pursue a cost-oriented policy with the added effect of a reduction in the tariffs chargeable to consumers.”
The guidelines also provide for the types of Infrastructure Amenable to Sharing; those infrastructure that can be shared without an attendant risk of lessening of competition.
They are divided into (A) Passive infrastructure, which includes; Rights of Way, Masts, Poles, Antenna mast and tower structures, Ducts, Trenches, Space in buildings, Electric power (public or private source) and
(B) Active infrastructures; Complete network structures, Switching centres, Frequencies, Radio Network controllers, and Base stations.
“Any Access Provider, who owns or has control of a facility amenable to sharing may enter into negotiations with an Access Seeker, who submits a request to share the use of that facility.
“All negotiations for infrastructure sharing must be done with the utmost good faith.
“The owner of a facility must not obstruct or delay negotiations or resolution of disputes, or refuse to provide information relevant to an agreement, including information necessary to identify the facility needed and cost data.
Included in the guidelines are instructions for Infrastructures ‘Not Amenable to Sharing’. Paragraph 7(4) – (6) of these Guidelines, provides that the Commission reserves the right to review all infrastructure sharing agreements and arrangements to ensure consistency with the relevant Licence(s), and reduce the risk of a lessening of competition.
“National Roaming considerations shall not form part of any infrastructure sharing arrangements made pursuant to these Guidelines, but shall be negotiated under the relevant regulatory framework specific to National Roaming
Also provided for in the guidelines are the terms and conditions for Infrastructure Sharing,
The guidelines also cover for the several ambiguities around Co-location which is an Element of Interconnection, making it essential that operators agree on terms of its implementation towards ensuring seamless interconnectivity.
“Co-location shall constitute part of the negotiations for interconnection and be governed by provisions of the Telecommunications Network Interconnection Regulations.
It also ensures that “Every incumbent operator, especially dominant operators as may be determined by the Commission, should include in their Reference Interconnection Offer (RIO) an offer for the facilities available for co-location, including a price list for the different components of co-location.
“An operator desirous of interconnecting with another operator is at liberty to choose the type of co-location suitable for its operation.
“Where a request is made for physical co-location but such co-location is not deemed feasible, virtual co-location should be offered by the interconnection providing operator.
“Where virtual co-location is not feasible, remote co-location should be offered in its stead.
“A request for remote co-location shall not be rejected on any grounds.
“Specifically, remote co-location shall not be refused on grounds of insufficient capacity, safety considerations, reliability or other general engineering considerations.
“Save as may be specifically excluded, the terms and conditions of co-location are in general to be governed by the same rules as infrastructure sharing.
Also included in this guideline are the General Rules for Co-location/ Infrastructure Sharing, C/IS, the Allocation of Capacity, issues bordering on the Refusal of Access, Reservation of Capacity, Re-Development/Re-Location, Separation, Standardisation, among others.
– July 8, 2021 @ 19:48 GMT |
Tags: infrastructure sharing NCC releases guidelines on co-location
