Electronic Communications Act, 2008 ACT 775 comply and if the operator fails to comply within the deadline given, the Authority may apply to the High Court for an order to compel it to comply. (10) The Authority may classify a network operator or service provider as dominant if individually or jointly with others, that network operator or service provider enjoysa position of economic strength that enables it to behave to an appreciable extent 'independently of competitors and users. : (11) In making the classification under subsection (10), the Authority shall take into consideration (a) the relevant market, (b) technology and market trend, (c) the market share of the operator or service provider, (d) the power of the operator or service provider to introduce and sustain a material price increase independently of competitors, (e) the degree of differentiation among networks and services in the market, and (f) any other matter that the Authority considers relevant. (12) Where an operator or service provider which is classified as dominant by the Authority considers that it has lost its dominance with respect to a network or service, it may apply to the Authority to be classified as non-dominant and if the Authority grants the application, the applicable licence shall be amended to reflect the classification, (l3) The Authority may only classify or declassify a network operator or service provider as dominant, if it first publishes the intention to do so in the Gazette and on its website. Access to facilities and international transmission capacity Access to facilities and public rights of way 21. (1) An operator shall give access to other operators who request access to the facilities or public rights of way or statutory wayleaves that it owns or controls on a timely basis (2) Where, a network operator requests the use by Its network of a utility installation owned by a public utility it shall have the right to use the installation in accordance with this section and where any public utility requests the use of facilities of a network operator, the public utility shall have the rights of the network operator under this section. (3) Access to facilities and utility installations shall be negotiated 27