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.

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