142
Telecommunications Act 2005
2005, No.20
(b) the matter may be submitted by the Regulator or a
party to the Ombudsman for an order by the
Ombudsman to grant or refuse the required
consent or access, as the case may be, on such
terms and conditions as the Ombudsman may
determine.
In determining the matter the
Ombudsman shall have regards to:
(i) the objectives of the Act set out in
section 3;
(ii) any submission provided by the
Regulator or the parties;
(iii) the likely effect and consequences of
any decision to grant or refuse the required
consent or access on the parties, the public
and any customers of the service provider;
and
(iv) any other relevant matter.
(4) The parties to any order made by the Ombudsman under
subsection (3) shall comply with such order as if the order had
been made by the Regulator.
(5) Where the Ombudsman issues an order granting the use
of or access to Government land or facilities under subsection
(3), the Ombudsman shall include in the order the amount
which the service provider shall pay to the Government as
compensation for the service provider‟s use of or access to
Government land or facilities
66. Access to Private Land and Facilities-(1) Where a
service provider:
(a) requires access to private land or private facilities
(other than customary land or facilities located on
customary land) to provide telecommunications
services: and
(b) cannot, on commercially reasonable terms, reach an
agreement for such access with the owner of the
private land or private facility, the service provider
may apply to the Regulator for assistance either in
reaching an agreement with the owner of the