2005, No.20 Telecommunications Act 2005 143 private land or private facility or for the exercise of other powers to obtain the required access. (2) Upon receipt of an application for assistance in accordance with subsection (1), the Regulator shall take the steps the Regulator deems necessary to mediate between the concerned parties. (3) If the Regulator‟s mediation under subsection (2) fails to produce an agreement between the parties involved: (a) the Regulator may exercise such other powers under this Act or other Acts, as the Regulator considers appropriate to resolve the matter; or (b) the matter may be submitted by the Regulator or a party to the Supreme Court or District Court for such court to make an order granting or refusing the required access on such terms and conditions as the court may determine, having regard to: (i) the nature of the private land or private facilities; (ii) the nature of the access required; (iii) the importance of such access in maintaining or improving telecommunications services for Samoa; (iv) whether any payment or other consideration can compensate the owner if access is ordered by the Court; (v) the impact on the owner and other residents on the land or facilities if such access is ordered; (vi) the objectives of the Act set out in section 3; (vii) any submission provided by the Regulator or the parties; and (viii) such other matters as the Court considers relevant. (4) Subject to subsection (5), where the Supreme Court or District Court makes an order granting access under subsection (3), the Court shall include in the order what compensation (if any) the service provider shall pay to the owner of the private land or private facility.