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The Nigerian Communications Commission (NCC) has released fresh guidelines bounding on access provider for rejecting any request for telecom infrastructure sharing and collocation.
The new Guidelines on Co-Location and Infrastructure Sharing will further allow operators a more robust, competitive environment for active infrastructure sharing (AIS) and to co-locate network equipment as the telecom regulator pushes ahead to get operators reduce cost of production and offer more enhanced services.
The new guideline is expected to eliminate unnecessary duplication of infrastructure and reduce proliferation of facilities installations. The regulator also seeks to promote fair competition through equal access being granted to the installations and facilities of operators on mutually agreed terms. Part of the regulator’s goals is to ensure non-discriminatory and transparent pricing for AIS as pricing must be reasonably based on the actual costs incurred by the owner of the facility.
The “guidelines are designed and developed to encourage co-location and infrastructure- sharing between Access Providers and Access Seekers within a predetermined framework to remove uncertainty and create an environment for better co-operation,” the regulator states in the 31-page document.
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Under the new deal, an access provider may only exercise the right to refuse an application for infrastructure sharing by another player when it lacks the capacity to carry the traffic of the applicant.
Among others, the guidelines states:
“The ground for refusal of sharing under these rules will be insufficient capacity, compatibility and prior indebtedness under other services such as Interconnection. The Infrastructure Provider shall inform the Infrastructure Seeker and the Commission of the grounds for refusal with adequate data within 5 (five) working days.
“Any disagreement on commercial terms during negotiation for active infrastructure sharing, which parties are unable to agree on, shall be referred to the Commission for resolution, and the decision of the Commission shall be binding on parties.
“Meeting the roll-out obligation as spelt out in an NSP’s Licence Condition is a precondition for entering into an Active Infrastructure Sharing agreement. However, where it is established by the Commission that Active Infrastructure Sharing will expedite such roll-out, the Infrastructure Provider may grant such request.”
AIS are subject to specific conditions and approval of the NCC. They include:
“The Commission shall in reviewing infrastructure sharing agreements ensure that the terms on which infrastructure sharing is offered are in compliance with the principles of neutrality, transparency, non-discrimination and fair competition.
“Every Infrastructure sharing agreement that has been duly negotiated and executed by parties shall be submitted to the Commission within seven (7) working days for review and approval. The Commission shall, within twenty-one (21) working days, review and approve the agreement, provided that all information requested by the Commission are received.”
