(1) This section applies to that part of the infrastructure of a physical infrastructure provider which is used to support electronic communications infrastructure and to no other part of the infrastructure.

(2) A network operator has the right to negotiate an agreement to share physical infrastructure with other infrastructure providers and may, upon the commencement of any negotiations, serve notice on the Commission of such negotiations.

(3) The Commission may, on its own initiative, or shall, if so requested by either party, specify the period within which negotiations on physical infrastructure sharing shall be completed.

(4) Where agreement is not reached within the period specified by the Commission under subsection (3), the Commission shall take such steps as are necessary to resolve the dispute in accordance with the procedures referred to in subsection (6).

(5) With regard to any intervention by the Commission referred to in subsections (3) or (4), the Commission may -

(a) having carried out a preliminary examination of the matter, decide not to intervene in those negotiations, or