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Telecommunications Act 2005
2005, No.20
(2) The party requesting co-location shall compensate the
party required to provide co-location for such an amount as the
parties may agree or, where the parties are unable to agree, as
may be determined by the Regulator.
(3) Where the parties are unable to agree on the conditions
of co-location, either or both parties may apply to the Regulator
to mediate and, if mediation fails, the Regulator may issue an
order to resolve any outstanding issues between the parties.
(4) Prior to making an order under subsection (3), the
Regulator shall take into account any comments submitted by
the parties, including any issues raised in those comments
relating to safety or interference with the parties‟ networks and
personnel.
PART XIII
NATIONAL SECURITY AND PUBLIC EMERGENCIES
69. National Security-(1) Despite any other law, a service
provider shall comply with any written request, direction or
other requirement of the Attorney General regarding access to
any part of the service provider‟s telecommunications network
or telecommunications services or related information in
connection with national security requirements or the
prevention, detection or prosecution of any breach of the laws
of Samoa.
(2) A service provider shall provide any facilities or
capabilities, required for compliance with subsection (1) at the
service provider‟s expense, but may apply to the Regulator for
an order dealing with the treatment of any substantial additional
expense. The Regulator may consider such application in
connection with any tariff approval application or recovery of
the costs of universal access obligations, and make an order
regarding the recovery of such additional expense.
(3) For the purposes of subsection (1), the Attorney General
may determine that any event or matter concerns national
security or the prevention, detection or prosecution of any
breach of the laws of Samoa.