NCC Releases Guidelines On Co-Location And Infrastructure Sharing For Communications Industry

Nigerian Communications Commission (NCC) has released guidelines on co-location and infrastructure sharing among players in the telecommunications industry.

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.

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.

The guideline as released on NCC’s 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.

NCC in the guideline stated;

The Primary object of these Guidelines is to establish a framework within which Access Providers and Access Seekers can negotiate C/IS arrangements, and for that purpose, specifically to –
(a) Ensure that the incidence of unnecessary duplication of infrastructure is minimised or completely avoided;

(b) Protect the environment by reducing the proliferation of infrastructure and facilities installations;
(c) Promote fair competition through equal access being granted to the installations and facilities of operators on mutually agreed terms;
(d) Ensure that the economic advantages derivable from the sharing of facilities are harnessed for the overall benefit of all telecommunications stakeholders;
(e) Minimise capital expenditure on supporting infrastructures and to free more funds for investment in core network equipment.
(f) 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.

Infrastructure amenable to sharing are those that can be shared without an attendant risk of lessening of competition

Assets to be shared include passive infrastructure namely:

Right of Way, masts, (iii) poles, (iv)antenna mast and tower structures, (v)ducts, (vi)trenches, (vii)space in buildings, (viii)Electric power (public or private source).

Others are active infrastructure including complete network structures, switching centers, frequencies, radio network controllers and base stations.

According to the guideline;

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 finalized.

The commission, however, exempted certain infrastructure from the sharing menu.

NCC added;

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.

The guideline listed certain procedures that must be followed in the course of negotiation for co-location and infrastructure sharing. They include:

– 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: (1) obstruct or delay negotiations or resolution of disputes; (2) refuse to provide information relevant to an agreement including information necessary to identify the facility needed and cost data; (3) refuse to designate a representative to make binding commitments.

– 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, or where access is denied, advance reasons in writing for the denial.

– Except in emergency situations, the replacement of a shared facility, or its modification, may only be undertaken upon due service of a 60 days’ notice on the other party.

– A party on whom notice is served may file a petition against the removal or modification of a facility within 15 days of receiving such notice, and the notifying party may file a reply thereto within 7 days.

Terms and conditions for Infrastructure sharing include;