Cap. 81 Art. 16Coordination of civil works.

(1) A network operator has the right to negotiate agreements concerning the coordination of civil works with undertakings with a view to deploying elements of high-speed electronic communications networks.

(2) A network operator performing directly or indirectly civil works, either fully or partially financed by public means, shall comply with any reasonable written request to coordinate civil works on transparent and non-discriminatory terms, made by an undertaking, with a view to deploying elements of high-speed electronic communications networks, provided that:

(a) such request does not entail any additional costs, including because of additional delays, for the initially envisaged civil works;

(b) such request does not impede control over the coordination of the works; and

(c) the request to coordinate is filed as soon as possible and in any case at least one month before the submission of the final project to the competent authorities for permit granting:

Provided that the Minister responsible for infrastructure may make such regulations as he may consider necessary on apportioning the costs associated with the coordination of civil works. In doing so the Minister shall consult with the competent utility regulator or regulators as the case may be and with any public sector body or bodies as he may consider necessary in the circumstances.

(3) If an agreement on the coordination of civil works in accordance with sub-article (2) is not achieved within one month from the date of receipt of the formal written request to negotiate, then any aggrieved party may refer the dispute to the Dispute Resolution Board.

(4) The Dispute Resolution Board shall, in determining any dispute referred to it in accordance with this article, taking full account of the principle of proportionality, issue a binding decision to resolve the dispute raised, including the setting of fair and non-discriminatory terms and conditions, and charges where appropriate:

Provided that the Board shall resolve any dispute referred to it in accordance with this article within the shortest possible time frame and in any case within two months from the date of the receipt of the dispute except in exceptional circumstances in accordance with article 32.

(5) The competent authority for permit granting may, following consultation in writing with the competent utility regulator or regulators as the case may be and with such other public sector body or bodies as it may consider necessary, provide for exemptions from the obligations in this article for civil works of insignificant importance, such as in terms of value, size or duration, or in the case of critical national infrastructure:

Provided that in so doing, the competent authority for permit granting shall give its reasons in writing and shall before taking a final decision, give any interested parties the opportunity to make any written submissions on the draft exemptions within such reasonable time as it may establish.