Tower Sharing and Passive Infrastructure Co-location Policy

The rapid growth of mobile networks in Cambodia over the past two decades produced a proliferation of towers, rooftops and other passive telecommunications structures, particularly in urban areas and along major highways. In November 2023 the Ministry of Post and Telecommunications issued a policy on passive telecommunications infrastructure sharing, formalising earlier statements in favour of co-location and setting out clearer expectations for operators, tower companies, landowners and local authorities.

The policy responds to concerns about the visual, environmental and financial cost of duplicated infrastructure, to public opposition against dense clusters of towers in some communities and to the need to accommodate additional deployments as operators roll out fourth-generation and fifth-generation services. It is also relevant to the wider goal of extending mobile coverage in rural and remote areas, where economics favour shared rather than dedicated infrastructure.

The policy applies to passive infrastructure used by telecommunications operators, including towers, masts, rooftop structures, poles, ducts, cabinets and, in some cases, land rights and power supply arrangements. It distinguishes passive infrastructure from active equipment such as antennas, radios, transmission equipment and controllers, which remain the responsibility of individual operators and are not directly subject to the sharing policy.

The policy applies to infrastructure owned by mobile network operators, independent tower companies, fixed-line providers, utilities and other third parties. It contemplates sharing between different types of operators, including mobile, fixed wireless access, broadcast and, where appropriate, non-telecommunications users such as public safety and utility services.

The core objective of the policy is to encourage co-location and reuse of passive infrastructure wherever this is technically feasible, commercially reasonable and consistent with the protection of communities and the environment. The policy states that new tower construction should not proceed where suitable existing structures are available and where the incumbent owner is willing to provide access on reasonable terms.

The principles include non-discrimination, transparency, cost orientation and technical feasibility. Non-discrimination requires that access be offered on comparable terms to different operators, subject to legitimate differences in site conditions. Transparency requires that owners publish reference terms or make them available on request, so that operators can plan deployment with reasonable predictability. Cost orientation requires that sharing charges reflect the underlying cost of building, maintaining and operating the infrastructure, with a reasonable return to the owner.

The policy contemplates that access to passive infrastructure will normally be provided through commercial arrangements negotiated between the parties. Owners are expected to respond to access requests within reasonable timeframes, to provide the technical information required to assess feasibility and to conclude agreements on terms consistent with the policy principles. Where negotiations fail, dispute resolution mechanisms provided by the regulator or by other authorities may be invoked.

The policy encourages long-term arrangements that give the requesting operator sufficient security to invest in active equipment and, where necessary, in complementary infrastructure. Short, precarious or over-priced access does not achieve the objectives of the policy. Owners are also expected to accommodate reasonable requests for additional equipment as tenants' needs evolve, subject to structural and safety constraints.

Sharing raises technical questions about structural capacity, electromagnetic compatibility, power supply, cooling, cable management and physical access. The policy expects that owners will maintain structural assessments and technical dossiers for their sites and that requests for additional loading will be evaluated on the basis of engineering rather than commercial preference. Where a site cannot safely accommodate an additional tenant, this should be documented and, if appropriate, the site should be reinforced.

Safety and environmental considerations include worker safety on shared sites, exposure to non-ionising radiation, visual impact, protection of trees and cultural heritage sites, and the management of construction, maintenance and decommissioning. Owners and tenants share responsibility for compliance with applicable rules and for community engagement where sites are located near residential areas.

The policy recognises the growing role of independent tower companies, which own and operate passive infrastructure and lease access to multiple operators. Independent tower companies can accelerate coverage, reduce the total number of structures required to serve a given area and free up operator capital for investment in active equipment and services. The policy encourages the development of a healthy market for independent tower services and applies the same principles of non-discrimination and transparency to their commercial offers.

For operators that continue to own significant portfolios of passive infrastructure, the policy does not require divestment, but it does expect them to distinguish clearly between their role as tower owners and their role as retail service providers, so that access is not used as a competitive lever in retail markets.

Deployment of towers and passive infrastructure typically requires permits from local authorities, including construction permits, land use approvals and, in some cases, environmental clearances. The policy encourages coordination between the sector regulator and local authorities so that sharing objectives are reflected in permitting decisions and so that the approval of new structures where suitable existing ones are available is discouraged.

For operators and tower companies, this means that engagement with local authorities should include information on whether the proposed structure is intended to accommodate multiple tenants, on whether alternative co-location on existing structures has been explored and on how community concerns will be addressed.

For operators, the sharing policy calls for a coherent approach to network planning that considers co-location as the default option and dedicated new infrastructure as the exception. Site acquisition teams should be equipped with information on available sites owned by other operators or by independent tower companies, and commercial negotiation frameworks should be prepared in advance so that requests can be processed promptly.

For tower companies, the policy is a further encouragement to invest in Cambodia. Reference terms, transparent pricing and reliable service levels help build long-term relationships with operators and support the objectives of the policy. Compliance functions should ensure that commercial practices are consistent with non-discrimination and that internal governance separates dealings with different tenants appropriately.

For local authorities and community stakeholders, the policy supports engagement in a more constructive way. Communities can request that new deployment proposals demonstrate whether sharing has been considered and can require that existing structures be reused where feasible, reducing the visual and environmental footprint of mobile networks in their area.

Lex Civora advises operators, tower companies and other stakeholders on the interpretation and application of the passive infrastructure sharing policy, on the negotiation of master lease agreements and site-by-site access, on the resolution of disputes and on the coordination of tower deployment with permitting and community engagement processes.