NCC Releases Guidelines On Co-Location And Infrastructure Sharing Among Tele-co Operators
Faith Ukanwa
Jul 07, 2021
The Nigerian Communications Commission (NCC), has released necessary guidelines on co-location and infrastructure sharing among players in the telecommunications industry.
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The NCC is the regulatory Body of the tele-communications industry in Nigeria.
Co-location is the placement of transmission equipment owned by the interconnection demanding operator in the premises of the interconnection providing operator for interconnection to that operator's network.
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Infrastructure Sharing is the joint use of network facilities by two or more operators subject to agreement specifying relevant technical and commercial conditions.
The guidelines aims at encouraging Co-location and Infrastructure Sharing (C/IS) between Access Providers and Access Seekers within a predetermined framework to remove uncertainty and create an environment for better co-operation.
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The guideline as released on NCC' official website, was incepted from a premise that all Access Providers and Access Seekers have the liberty to negotiate C/IS arrangements in accordance with mutually agreed terms.
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Other aims of the guidelines according to the NCC is to;
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(a) Ensure that the incidence of unnecessary duplication of infrastructure is minimised or completely avoided;
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(b) Protect the environment by reducing the proliferation of infrastructure and
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facilities installations;
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(c) Promote fair competition through equal access being granted to the installations
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and facilities of operators on mutually agreed terms;
(d) Ensure that the economic advantages derivable from the sharing of facilities are
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harnessed for the overall benefit of all telecommunications stakeholders and
(e) Minimise capital expenditure on supporting infrastructures and to free more
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funds for investment in core network equipment.
(f) Encourage Access Providers and Access Seekers to pursue a cost-oriented policy
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with the added effect of a reduction in the tariffs chargeable to consumers.
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The Commission said infrastructures open to sharing are those that can be shared without an attendant risk of lessening of competition.
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Infrastructures that the Commission will encourage and promote for sharing are;
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(A) Passive Infrastructure
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(i) Rights of Way,
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(ii) Masts,
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(iii) Poles,
(iv) Antenna mast and tower structures,
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(v) Ducts,
(vi) Trenches,
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(vii) Space in buildings,
(viii) Electric power (public or private source), and
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(B) Active Infrastructure
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(i) Complete network structures,
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(ii) Switching centers,
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(iii) Frequencies,
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(iv) Radio Network controllers,
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(v) Base stations.
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The Regulatory Body however noted that "Where the sharing of an infrastructure such as Rights of Way and Electric power is precedent upon securing the necessary approval of a granting authority, such approval should be obtained before the sharing arrangement can be finalisedÔÇØ.
Infrastructures not open for sharing the Commission noted that;
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(1) National Roaming considerations shall not form part of any infrastructure sharing
arrangements made pursuant to these Guidelines, but shall be negotiated under the
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relevant regulatory framework specific to National Roaming.
(2) In accordance with Paragraph 7(4) - (6) of these Guidelines, the Commission reserves
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the right to review all infrastructure sharing agreements and arrangements to ensure
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consistency with the relevant Licence(s), and reduce the risk of a lessening of
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competition.
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(3) Where the Commission;
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(a) Determines that an infrastructure sharing arrangement is inconsistent with the
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relevant Licence(s), and/or
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(b) Identifies a risk of lessening of competition as a consequence of such
infrastructure sharing,
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It may require such an arrangement to be discontinued, or that the agreement should be
revised.
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Procedure for Negotiating C/IS:
(1) Any Access Provider who owns or has control of a facility amenable to sharing may
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enter into negotiations with an Access Seeker who submits a request to share the use of
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that facility.
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(2) All negotiations for infrastructure sharing must be done with the utmost good faith. The
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owner of a facility must not:
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(a) Obstruct or delay negotiations or resolution of disputes;
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(b) Refuse to provide information relevant to an agreement including information
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necessary to identify the facility needed and cost data;
(c) Refuse to designate a representative to make binding commitments.
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(3) A request for infrastructure sharing should be in writing. A party to whom such a request
is made should within 15 days either accede to the request to grant access for sharing,
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or where access is denied, advance reasons in writing for the denial.
(4) Except in emergency situations, the replacement of a shared facility, or its modification,
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may only be undertaken upon due service of a 60 days' notice on the other party.
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(5) A party on whom notice is served may file a petition against the removal or modification
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of a facility within 15 days of receiving such notice, and the notifying party may file a
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reply thereto within 7 days.
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On the Terms and Conditions for Infrastructure Sharing;
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(1) An Access Provider shall provide capacity to other operators on a "first-come, first
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servedÔÇØ basis, determined in accordance with the order in which the operator owning
or having control over a facility, receives requests for infrastructure sharing.
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(2) Every Access Provider shall reserve the right to refuse an application for infrastructure
sharing on grounds of;
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(a) Insufficient capacity,
(b) Safety, reliability, incompatibility of facilities,
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(c) General engineering considerations, and
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(d) Subsisting indebtedness of Access Seeker to Access Provider on similar
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infrastructure sharing arrangements, provided this ground for refusal shall not
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apply to Co-location in respect of interconnection.
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(3) The decision to refuse an application for infrastructure sharing shall be communicated
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in writing to the Access Seeker specifying the reasons for such refusal.
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(4) Every infrastructure sharing agreement, including any prior existing agreement, shall be
in writing and shall specify the contractual terms and conditions agreed on by the parties.
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All such agreements shall be registered with the Commission.
(5) As a precondition for registration, every infrastructure sharing agreement shall be
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submitted to the Commission for review and approval.
(6) The Commission shall in reviewing infrastructure sharing agreements ensure that the
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terms on which infrastructure sharing is offered are in compliance with the principles of
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neutrality, transparency, non-discrimination and fair competition.
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(7) Every Infrastructure sharing agreement that has been duly negotiated and executed by
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parties shall be submitted to the Commission within seven (7) working days for review
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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.
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(8) Prices for infrastructure sharing should be non-discriminatory, reasonable, and based on
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the actual costs incurred by the owner of the facility.
(9) Determination of the costs underlying prices should be transparent and neutral.
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Other guidelines read;
Part III: Co-location
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Co-location as an Element of Interconnection
(1) Co-location is an element of the interconnection of networks hence it is essential that
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operators agree on terms of its implementation towards ensuring seamless
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interconnectivity. Co-location shall constitute part of the negotiations for
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interconnection and be governed by provisions of the Telecommunications Network
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Interconnection Regulations.
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(2) Every incumbent operator, especially dominant operators as may be determined by the
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Commission should include in their Reference Interconnection Offer (RIO) an offer for
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the facilities available for co-location, including a price list for the different components
of co-location.
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(3) An operator desirous of interconnecting with another operator is at liberty to choose
the type of co-location suitable for its operation.
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(4) 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.
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(5) Where virtual co-location is not feasible, remote co-location should be offered in its
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stead.
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(6) A request for remote co-location shall not be rejected on any grounds.
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(7) Specifically, remote co-location shall not be refused on grounds of insufficient capacity,
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safety considerations, reliability or other general engineering considerations.
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(8) Save as may be specifically excluded, the terms and conditions of co-location are in
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general to be governed by the same rules as infrastructure sharing.
9
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Part IV: General Rules for Co-location/Infrastructure Sharing (C/IS)
Reference Offer and Standard Practice List
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(1) The Commission recognises the right of Access Providers and Access Seekers to
negotiate and agree on terms and conditions of Co-location and Infrastructure
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Sharing(C/IS). The Commission however requires that such negotiation must be within
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the limits of an existing reference offer developed by each potential Access Provider.
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(2) Every Access Provider shall ensure that its reference offer is readily available to other
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Access Seekers with a view to promoting fairness in the negotiation process.
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(3) Access Providers should in the process of developing the reference offer be responsive
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and work in close association with other operators, that is, prospective Access Seekers.
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(4) Notwithstanding the provisions of sub-paragraph (1) above, parties involved in any
negotiation for C/IS arrangement are at liberty to negotiate outside the reference offer
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provided howsoever that such negotiations are voluntary and non-discriminatory.
(5) The reference offer should contain sufficient information on issues relevant to the
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Access Seeker for negotiation purposes as itemised in Schedule 1 to these Guidelines.
(6) Parties may request for other information which may be required in the process of
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negotiating for C/IS. Such information should be treated as confidential by the
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requesting party at all times.
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(7) The quality and nature of any information requested for will depend on what stage the
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negotiation process has reached. Response on any such request should be prompt to
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avoid delay.
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(8) A party may request for a site inspection if it is deemed necessary for the purpose of
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aiding that party to reach an informed decision.
(9) Every Access Provider should develop a standard price list which shall provide guidance
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for determining the price for all C/IS arrangements with other Access Seekers.
(10) Any standard price list developed should be reasonable, non-discriminatory and costoriented.
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Allocation of Capacity
(1) There shall be no obligation on Access Providers to develop new infrastructure
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whenever its capacity has reached saturation level. However, Access Providers are
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expected to reasonably take into consideration the demand for C/IS when expanding
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their facilities.
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10
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(2) Where there is no available capacity at the existing facilities to meet the needs of
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additional Access seekers, the Access Provider should consider re-development as a
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means of increasing capacity at existing facilities.
(3) The Commission will consider that capacity is available where the specific resource is
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not occupied nor reserved by the Access Provider.
(4) In every situation where access is granted, the Access Provider should have the reserved
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right in the event of scarcity to demand that any allocated capacity be relinquished if
such capacity has not been utilised within three (3) months of delivery of access. This
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right should be reserved with the intent to avoid the pre-emption of future capacity
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needs on the part of Access Seekers which would stifle the present needs of other Access
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Seekers.
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(5) At the expiration of the period for which access was granted to a party, an application
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for a further extension of the period will be in accordance with the procedure used for
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the initial application. The application will be considered on the merit by the Access
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Provider.
(6) In every case, applications for access should be considered and granted by an Access
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Provider on a "first come - first servedÔÇØ basis.
Refusal of Access
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(1) An Access Provider reserves the right to refuse an application for access in any of the
following circumstance:
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(a) Where the Access Provider does not have available capacity (i.e. either that all
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capacity is occupied or reserved;
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(b) Where the grant of access in technically unfeasible;
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(c) Where the request, if granted, will breach safety and reliability standards.
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(d) Where the Access Seeker has a subsisting indebtedness to the Access Provider
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on similar infrastructure sharing arrangements, provided this ground for refusal
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shall not apply to Co-location as it relates to interconnection.
In all cases, the Access Provider should provide the Access Seeker with reason for
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refusal in writing.
(2) An Access Seeker who is refused access may refer such refusal to the Commission and
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the Commission shall be at liberty to inquire into the decision refusing access.
(3) The Commission may upon due consideration;
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(a) Up hold a decision refusing access,
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(b) Request that a decision refusing access should be reconsidered,
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(c) Impose an infrastructure sharing arrangement on the parties.
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11
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(4) Infrastructure sharing arrangements imposed by the Commission may include rules for
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apportioning the costs of facility sharing.
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Reservation of Capacity
(1) The right of an Access Provider to reserve capacity for which it has made long term
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investments will at all times be recognised, but balanced against the need not to hamper
the network roll-out or expansion plans of new market entrants or other Access Seekers.
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(2) Where available capacity is limited, the right to reserve capacity should not be exercised
by the Access Provider in order to avoid discrimination and pre-emption.
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(3) Where however an Access Provider with significant investments exercises the option to
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reserve some rights in circumstances of limited capacity;
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(a) The reserve period shall not exceed two (2) years after which the right will cease
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from being operational,
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(b) Not more than 50% of capacity shall be reserved.
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(5) Information and documentary evidence of the reservation and extent thereof should be
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held by the Access Provider and made available to Access Seekers on reasonable
demand.
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Re-Development/Re-Location
(1) To ensure that capacity is increased and made available to Access Seekers, Access
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Providers are encouraged to constantly pursue a policy of re-development and relocation of facilities.
(2) Where for optimal utilisation of facilities, an Access Provider undertakes redevelopment or re-location (i.e. reconfiguration of network as a result of technological
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or business reasons), the cost of the re-development or re-location may be jointly
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assessed by the parties and shared with Access Seekers at a percentage mutually agreed
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by parties.
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(3) The re-development or re-location cost borne by an Access Seeker would form part of
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the price paid for the C/IS arrangement.
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(4) Parties to a C/IS arrangement should not undertake modifications with the sole aim of
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demanding the cost of such modification from Access Seekers.
(5) As a condition precedent for an Access Provider to commence any re-development or
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re-location at any facility, notice thereof should first be given to all operators sharing the
facility with the Access Provider. The notice period should be;
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12
(a) 6 months in the case of re-development,
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(b) 12 months in the case of re-location.
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Separation
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(1) The Commission expects that parties involved in all C/IS arrangements, will make
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efficient use of scarce space.
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(2) Parties negotiating for co-location will be at liberty to request for separation of
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equipment to increase internal and external security, reduce interference problems and
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limit damage to each other's equipment.
(3) The degree to which separation of equipment will be granted to an Access Seeker will
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be determined, among other things, by;
(a) Prevailing local circumstance,
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(b) Available space,
(c) Special requirements of Access Seekers,
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(d) Level of standardisation,
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(e) Risk of damage.
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Standardisation
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(1) To facilitate improved co-ordination and compatibility of equipment, parties to a C/IS
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arrangement should endeavor to develop and employ standard procedures for provision
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and operations under the arrangement.
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(2) The standard procedures to be developed by parties under the arrangement will be in
the areas of;
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(a) Maintenance,
(b) Fault clearance,
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(c) Access at the facility,
(d) Emergency,
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(e) Cleaning,
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(f) Safety,
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(g) Security.
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(3) Parties are also to ensure that standardised equipment and unified techniques/technical
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interfaces are used for the C/IS.
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(4) The liberty to use assigned space for its own purpose notwithstanding, parties should
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not install incompatible equipment which may cause interference to other parties'
equipment or impede usage of space allocated to them.
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13
Part V: General Rules for Active Infrastructure Sharing
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Introduction
(1) This Part sets out the rules to manage the processes for Active Infrastructure Sharing
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amongst Network Service Providers licensed by the Commission.
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(2) These rules are to be read in conjunction with the Act, Guidelines on Co-location and
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Infrastructure Sharing, Competition Practices Regulations, Quality of Service
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Regulations, other laws, rules and subsidiary legislations that may be developed by the
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Commission from time to time and relevant Licence Conditions.
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(3) Specifically, the following shall form part of the objectives of this Part:
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(a) To provide seamless services to subscribers.
(b) To maximize the use of network facilities including but not limited to network
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capacity and capabilities, base station sites, backbone, etc.
(c) To enhance sharing and reduce duplication of investment for network facilities
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where adequate provision has been made.
(d) Increase revenue to incumbent operators with excess capacity.
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(e) To promote the availability of wide range of high quality, efficient, cost effective
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and competitive telecommunication services throughout Nigeria.
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(f) To optimize operator's capital expenditure on supporting infrastructure.
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(g) Allow expansion of coverage to previously underserved and un-served areas.
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(h) Give opportunity for product and technology innovation.
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(i) Create efficient, competitive and environment business condition.
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General Terms and Conditions for Active Infrastructure Sharing
(1) These rules are applicable for sharing of active infrastructure such as Multi Operator
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Core Network (MOCN), Multi Operator Radio Access Network (MORAN) and / or
Gateway Core Network Operator (GCN) with applicable performance management
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system.
(2) NSPs shall provide capacity on their infrastructure to other operators on a bilateral, non-discriminatory basis. The right of first refusal would apply where the Infrastructure
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Provider has overcome the reason for the initial denial of the Infrastructure Seeker.
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(3) Where NSPs enter into agreements for Active Infrastructure Sharing, tariff and charges
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for such Infrastructure Sharing shall be mutually agreed. However, where there is an
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existing price determination by the Commission, such will be applicable.
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(4) Only licensed Network Service Providers are allowed to enter into an active
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infrastructure sharing agreement under these rules.
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14
(5) All technologies including 2G, 3G, 4G, CDMA, HSPA and services such as Voice, Data
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shall be offered under these rules. Any application for technological exclusivity must be
subject to approval by the Commission.
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(6) The Infrastructure Seeker under these rules must be licensed to provide the service for
which the active sharing element is required.
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(7) Each NSP shall be responsible for its own compliance with regulatory provisions under
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the Quality of Service Regulations, including but not limited to quality of service and
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network availability.
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(8) The ground for refusal of sharing under these rules will be insufficient capacity,
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compatibility and prior indebtedness under other services such as Interconnection. The
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Infrastructure Provider shall inform the Infrastructure Seeker and the Commission of
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the grounds for refusal with adequate data within 5 (five) working days.
(9) Any disagreement on commercial terms during negotiation for active infrastructure
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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.
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(10) 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
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roll-out, the Infrastructure Provider may grant such request.
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(11) Any dispute regarding tariffs and charges between parties to an Active Infrastructure
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Sharing agreement shall be referred to the Commission for resolution, and the decision
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of the Commission shall be binding on parties.
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(12) The Infrastructure Seeker is expected to continuously build on its infrastructure such as
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Transmission Core Network and Operating Support System (OSS), in order to be less
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dependent on the Provider (except network elements where there may be resource
constraints such as Radio Access Network). In this regard, the Infrastructure Seeker
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must ensure that it continues to build its infrastructure in accordance with the roll-out
obligation spelt out in its Licence.
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(13) The Infrastructure Provider is expected to continuously meet the specified key
performance indicator targets stipulated under the Quality of Service Regulations and
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take measures to augment the capacity of its network elements for sharing in order to
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meet the Infrastructure Seeker's demand and not compromise on service delivery.
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(14) All NSPs may publish detailed information of infrastructure available for sharing on
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their websites. The NSPs must ensure that this information is provided to the
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Commission on a monthly basis.
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15
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(15) Prior written approval of the Commission must be obtained when an Infrastructure
Provider intends to terminate its agreement with an Infrastructure Seeker where:
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(a) the Infrastructure Seeker has consistently breached its commercial obligations with
the Infrastructure Provider; or
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(b) the Infrastructure Seeker has failed to renew its expired Licence.
(16) Where the Infrastructure Provider intends to terminate the agreement due to revocation
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of the Infrastructure Seeker's Licence, the Infrastructure Provider must ensure that the
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Commission is notified in writing within five (5) days of such termination.
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(17) The Commission may direct the Infrastructure Provider to suspend its service to the
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Infrastructure Seeker within fifteen (15) working days of receipt of the notice of
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termination. Where the Infrastructure Seeker does not resolve the reason for
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termination within three (3) months from the date of suspension, the Infrastructure
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Provider may terminate the agreement.
(18) Breach of any provision of these rules shall attract the relevant penalties as prescribed
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under the Enforcement Processes Regulations.
Procedure for Active Infrastructure Sharing
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(1) Prior to the commencement of any negotiation for Active Infrastructure Sharing, all
NSPs must ensure that they are in good regulatory standing with the Commission.
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(2) An Infrastructure Seeker shall submit a request to an Infrastructure Provider, expressing
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its interest in entering into an Active Infrastructure Sharing arrangement.
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(3) The request for Infrastructure Sharing by the Infrastructure Seeker to the Infrastructure
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Provider as well as the approval / rejection of the request by the Infrastructure Provider
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shall be in accordance with the Form A and Form B contained in Schedule 2 to these
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Guidelines.
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(4) All negotiations for Active Infrastructure Sharing must be done in utmost good faith.
The Infrastructure Provider shall not:
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(a) Obstruct or delay negotiations.
(b) Refuse to provide information relevant to an agreement including information
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necessary to identify the facility needed.
(c) Refuse to designate proper representative to expedite negotiation.
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(5) An Infrastructure Provider shall reserve the right to refuse an application for Active
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Infrastructure Sharing on grounds of insufficient capacity, network incompatibility or
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indebtedness of the Infrastructure Seeker to the Infrastructure Provider on other
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telecommunications services.
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16
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(6) An Infrastructure Provider shall reserve not less than 25% (twenty five percent) of spare
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capacity for its short term or emergency need.
(7) The period to respond (either acceptance or rejection) by the Infrastructure Provider to
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any request for Infrastructure Sharing shall be 15 (fifteen) days.
(8) The timeframe for negotiation and conclusion of the technical, legal and commercial
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aspects of the agreement shall not exceed 2 (two) months from the date of receiving the
request.
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(9) Where the Infrastructure Seeker does not receive any response from the Infrastructure
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Provider within 15 (fifteen) working days of request, the Infrastructure Seeker shall refer
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the matter to the Commission.
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(10) Parties are expected to notify the Commission upon finalization of negotiations, and
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submit the agreement to the Commission within fifteen (15) days for review and
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approval, prior to registration. The Commission shall within twenty-one (21) working
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days review and approve the agreement, provided that all information requested by the
Commission are received.
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(11) The Infrastructure Seeker cannot sub-lease/rent out the shared infrastructure to a third
party.
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(12) In the event of any dispute between the Infrastructure Provider and Infrastructure
Seeker which cannot be resolved amicably, the aggrieved party shall refer the matter to
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the Commission for resolution, in line with the provisions of Sections 75 and 76 of the
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Act and the Dispute Resolution Guidelines. The decision of the Commission in this
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regard shall be final and binding on parties until set aside by a court of competent
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jurisdiction.
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Technical Considerations
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(1) Subject to the provisions of this Part, all NSPs shall make available the network elements
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for active sharing to all licensed telecommunications operators using any of the
following mechanisms:
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(a) Multi Operator Core Network (MOCN)
(b) Multi Operator Radio Access Network (MORAN)
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(c) Gateway Core Network (GCN)
(d) Transmission Network Sharing (TNS)
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(2) The sharing technology shall be 2G, 3G, 4G, HSPA+ and any other available
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technology.
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(3) Technology exclusivity is subject to approval by the Commission.
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17
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(4) The technical considerations for sharing shall be bilateral, non-discriminatory, and may
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be either reciprocal or non-reciprocal.
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(5) Based on an agreed sharing scheme and technical complexity/outlay, the Infrastructure
Provider and the Infrastructure Seeker shall determine a reasonable timeframe to
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demonstrate capacity/readiness.
(6) The following documents and regulatory frameworks shall be taken into consideration
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during the negotiation of the technical aspects of the Active Infrastructure Sharing:
(a) Spectrum Trading Guidelines,
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(b) Guidelines on National Roaming,
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(c) Mobile Number Portability Business Rules and Port Processes,
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(d) Interconnection Regulations,
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(e) Interconnection Rate determination,
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(f) Transmission lease, swap and pricing requirements,
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(g) Any other Regulations, Guidelines or determination that may be published by
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the Commission from time to time.
(7) The number of Active Infrastructure Sharing partners that can be accommodated per
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active sharing options shall be based on existing capacity and technological capability.
(8) Every NSP interested in sharing its active infrastructure shall have in place a Reference
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Offer which shall be subject to approval and publication by the Commission.
Process Considerations
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(1) In requesting for Active Infrastructure Sharing, the Infrastructure Seeker shall attach
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details of its technical requirements to the prescribed Form A contained in Schedule 2
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of these Guidelines and forward same to the Infrastructure Provider.
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(2) The Infrastructure Provider shall upon receipt of the Form A respond in the prescribed
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Form B contained in Schedule 2 of these Guidelines without including any technical
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information.
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(3) Where the Infrastructure Provider accepts the Infrastructure Seeker's request, both
parties shall execute a non-disclosure agreement after which the Infrastructure Provider
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shall furnish the Infrastructure Seeker with detailed information of its network elements
relevant to the Infrastructure Seeker's request.
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(4) Both parties shall exchange detailed network parameters so as to provide necessary
interfaces for seamless connections.
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(5) The Sharing partners shall agree on the mode of sharing, which may be nationwide,
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regional, urban/rural or pre-defined cluster(s).
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18
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(6) In case of MORAN and MOCN, details of services such as Voice, Data, SMS, VAS,
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balance enquires and support to be provided under the sharing arrangement shall be
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mutually agreed, activated and tested before the commencement of commercial services.
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(7) Both parties are expected to have obtained confirmation from their vendors to regarding
equipment compatibility with all OEM vendors existing in Nigeria. Where there are
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interface issues during implementation, parties shall ensure that such is resolved with
the OEM vendor.
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(8) All required test scenarios for equipment and services in line with international standards
must be carried out before cut over to service. In addition, the threshold for various
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network elements as prescribed by the Commission in the Quality of Service Regulations
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shall be taken into consideration, as this may form the basis for dispute resolution.
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Operational and Maintenance Considerations
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(1) Fault Management
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(a) The Infrastructure Seeker and Infrastructure Provider shall agree on a fault
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escalation procedure.
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(b) The Infrastructure Provider shall be responsible for clearing all faults associated
with the network element(s) it is sharing, except where such fault is traced to the
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Infrastructure Seeker's interface, in which case the Infrastructure Seeker shall be
responsible for clearing such faults.
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(c) However, where the fault is traceable to the interface between parties, they shall use
their best efforts to resolve the fault, taking into consideration network availability
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as contained under the Quality of Service Regulations developed by the
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Commission.
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(d) In case of dispute after third level escalation, both vendors of the equipment should
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be called in for resolution.
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(2) Network Availability
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(a) The Infrastructure Provider shall make every effort to ensure the Infrastructure
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Seeker enjoys the same level of availability as its own customers and maintain such
level as contained in the Quality of Service Regulations, or such directions and other
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regulatory instruments as may be developed by the Commission.
(b) The Infrastructure Provider shall be responsible for any infraction due to noncompliance with the availability requirements on the network element(s) being
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shared.
19
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(3) Quality of Service and Experience
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(a) The Infrastructure Provider shall offer the same quality of service to the
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Infrastructure Seeker on the network element(s) being shared.
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(b) The Infrastructure Provider shall ensure it meets all quality of service requirements
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under the Quality of Service Regulations and other relevant regulations, Directions
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and guidelines developed by the Commission.
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(c) The Infrastructure Provider shall be responsible for any infraction due to noncompliance with quality of service requirements in line with sub-paragraph (b)
above on the network element(s) being shared.
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(4) Billing
(a) The technicalities for billing shall be based on the type of active sharing service
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being offered.
(b) For transmission capacity sharing, billing shall be based on kilometres, capacity and
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availability as agreed by parties.
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(c) For traffic-based services in MORAN, MOCN and GCN, billing shall be based on
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parameters agreed by parties.
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(d) For services such as SMS, VAS etc, billing shall be based on parameters agreed by
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parties.
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Engineering Considerations
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(1) The Infrastructure Provider shall take into consideration the Infrastructure Seeker's
technical requirements contained in its Form A, in order to accommodate same in its
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engineering planning and network design.
(2) Sharing partners shall meet on a quarterly basis for the purpose of reviewing the
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agreement and also exchange data on the Infrastructure Seeker's short-term and longterm requirements as well as the Infrastructure Provider's planned roll-out and upgrades.
(3) Parties shall mutually agree on deployment and roll-out sharing. However, where the
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Commission has developed a regulatory framework in that regard, the parties shall
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comply with such regulatory provision.
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(4) Unless otherwise agreed under roll-out sharing, the Infrastructure Provider shall be
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responsible for network administration such as capacity management, network
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optimisation, re-engineering and adhering to QoS requirements.
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20
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(5) The Infrastructure Provider shall promptly inform the Infrastructure Seeker of all
changes to its network due to new network design. Furthermore, the Infrastructure
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Provider shall be responsible for spectrum administration, taking into consideration
relevant regulatory framework developed by the Commission that may impact
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administration of spectrum.
Commercial Considerations
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(1) The Infrastructure Provider shall take into consideration the Infrastructure Seeker's
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technical requirements contained in its Form A, in order to accommodate same in its
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engineering planning and network design.
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(2) Subject to any regulatory framework developed by the Commission, an Active
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Infrastructure Sharing agreement may be one-way or bilateral.
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(3) The charge determination shall be bilateral and the cost made available to the
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Infrastructure Seeker shall take into consideration both capital expenditure and
recurrent expenditure. However, where the Commission has made a cost determination,
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same shall take precedence over any bilateral agreement by parties.
(4) Each party shall bear its set -up cost such as last mile connections, interfaces, software
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upgrades except as may be otherwise mutually agreed.
(5) Frequency of billing may be monthly, quarterly, bi-annually or annually, as may be agreed
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by both parties.
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(6) However, billing for traffic-based sharing, such as Voice, Data and VAS shall be monthly
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and the invoice shall be within 14 (fourteen) days of the end of the transaction. Where
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there is a delay in invoicing for a particular period, the reason for such delay shall be
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communicated and agreed by both parties.
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(7) Payment for all services shall be in advance, except traffic-based invoices which shall be
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settled within 30 (thirty) days of receipt of invoice.
(8) Every Inter Operator Tariff (IOT) shall be bilateral and non-discriminatory. As such,
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Infrastructure Providers shall offer the same tariff to all Infrastructure Seekers of its
service on a national basis, not geographical basis, unless otherwise approved by the
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Commission.
(9) The Commission may, from time to time, effect a price cap, pending the cost study for
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determination of tariffs.
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21
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Part VI: The Role of the Commission
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Dispute Resolution
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(1) The Commission has the power to intervene to resolve dispute at the request of either
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party and to impose facility sharing or co-location arrangements between operators after
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consultation with the parties.
(2) The power of the Commission to intervene in disputes shall include the right to request
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for and receive all such necessary information as may be required to reach a decision.
(3) The decision of the Commission which shall be final, save for the right to judicial review
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by a court of competent jurisdiction, will be notified to the parties.
(4) In resolving disputes, the Commission shall rely on the provisions of Sections 75 and
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76 of the Act and the Dispute Resolution Guidelines.
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Supportive Action
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(1) The Commission will from time to time arrange for the dissemination of pertinent
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information on the subject of infrastructure sharing and co-location.
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(2) The Commission will use its mandate under Section 4 (1) of the Act to further the
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opportunities for co-location and infrastructure sharing, provided there is no risk of the
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lessening of competition. In particular, the Commission will take action to:
(a) Encourage redevelopment of existing facilities amenable to infrastructure sharing
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to increase their capacity;
(b) Advise local and regional authorities on the adoption of schemes which would
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encourage the sharing of infrastructure;
(c) Support the development of the capability among operators to deal with the
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issues of infrastructure sharing in a competent way.
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Review/Modification
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The Commission reserves the right to review/vary and modify these Guidelines from
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time to time, in accordance with the provisions of the Act.
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""
— Faith Ukanwa