Cap. 81 Art. 4APower to order collocation, etc.

(1) Where a network operator has exercised the right under national law to install facilities on, over or under public or private property, or has taken advantage of a procedure under national law for the expropriation or use of property, the competent infrastructure regulator may order the collocation, use or sharing of network elements and, or facilities on, over or under public or private property in relation to any cables, wires, physical infrastructure or associated facilities or other accessories, however so described, used or to be used for the provision of any utilities by a provider of any such utilities in any buildings, common areas, entries to buildings, trenches, pits, ducts, conduits, manholes, cabinets or on any poles, masts, antennae, towers or other supporting constructions, stays or brackets, cut, placed, erected or affixed by another provider of any such utilities.

(2) An order under sub-article (1) may be issued only in those specific areas where the competent infrastructure regulator considers that the issue of such an order is necessary to protect the environment, public health, public security or to meet town planning and country objectives. In doing so the competent infrastructure regulator may also:

(a) order the taking of such measures as it may consider necessary to facilitate the coordination of public works; and

(b) provide for rules of apportioning the costs of facility or property sharing.

(3) An order under sub-article (1) may be issued by the competent infrastructure regulator acting of its own initiative or following the written request of an undertaking providing an utility service or network, or of a competent utility regulator who considers the issue of such an order necessary for the provision of a utility service. Before deciding whether to issue such an order, the competent infrastructure regulator shall conduct a public consultation during which all interested parties, including where applicable the competent utility regulator or regulators as the case may be, are afforded such reasonable opportunity as the competent infrastructure regulator considers appropriate in the circumstances, to express their views in writing.

(4) The competent infrastructure regulator shall notify any order made under sub-article (1) to the provider of the utility service impacted by the order of collocation, and to any other persons as it may consider appropriate in the circumstances where it considers that such persons may have an interest in knowing about the issue of the order, at least ten days prior to the carrying out of any of the works aforesaid:

Provided that no such order shall be issued if it relates to a dispute lodged before the Dispute Resolution Board under this Act, or to an appeal before the competent appellate adjudicative forum contesting a final decision issued by that Board on any such dispute lodged before it.

(5) Any measures taken by the competent infrastructure regulator in accordance with this article shall be objective, transparent, non-discriminatory, and proportionate, and where appropriate, these measures shall be carried out in coordination with the competent utility regulator or regulators and any other relevant public sector body.