2005, No.20 Telecommunications Act 2005 141 have due regard to the costs of such capabilities and the availability of technology that permits the intended capabilities on a cost-effective basis. (3) The costs of the Regulator in developing and introducing service provider selection or service provider in accordance with applicable rules or orders. PART XII ACCESS TO PROPERTY 65. Access to Government Land and Facilities-(1) Where a service provider cannot, on commercially reasonable terms: (a) obtain the consent of the Government or a Government Agency or Authority having jurisdiction over government land or a government facility to construct, maintain or operate telecommunication network facilities on such land or facility; or (b) gain access to a pole, duct, tower or other supporting structure of a telecommunications, electrical power or other utility transmission system constructed on Government land or a Government facility, or which is owned or controlled by the Government or a Government Agency or Authority, the service provider may apply to the Regulator for assistance. (2) Upon receipt of an application for assistance in accordance with subsection (1), the Regulator shall consult with the Government, Government Agency or Authority and attempt to find a solution acceptable to both service provider and the Government, Government Agency or Authority, as the case may require. (3) If the Regulator‟s actions under subsection (2) fail 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