2005, No.20
Telecommunications Act 2005
145
(c) the Regulator may exercise such other powers under
this Act or other Acts as the Regulator considers
appropriate to resolve the matter.
(4) Despite any other law, if the matter is before the Land
and Titles Court, the Court shall have the jurisdiction to make
an order granting or refusing the required access on such terms
and conditions as the Court may determine, having regard to:
(a) the nature of the customary land or facilities;
(b) the nature of the access required;
(c) the importance of such access in maintaining or
improving telecommunications services for
Samoa;
(d) whether any payment or other consideration can
compensate the owner if access is ordered by the
Court;
(e) the impact on the owner and other residents on the
land or facilities if such access is ordered;
(f) the objectives of the Act set out in section 3;
(g) any submissions provide by the Regulator or the
parties; and
(h) such other matters as the Court considers relevant.
(5) Subject to subsection (5), where the Land and Titles
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 person responsible for the
customary land or facilities.
(6) The provisions of the Taking of Land Act 1964 shall
apply to this section with adaptations and modifications as
necessary.
68. Co-location-(1) Service providers with existing
telecommunications network facilities shall allow other service
providers to co-locate their telecommunications network
facilities on those existing facilities, including but not limited to
exchange premises and other switching equipment locations,
land, roof tops, mast sites, towers, conduits and poles, where
such co-location is economically feasible and no major
additional construction work is required.