Infrastructure sharing contracts in Iraqi telecoms go beyond simple tower co-location, they span a spectrum of arrangements from basic passive site sharing to sophisticated active network sharing arrangements that can fundamentally reshape operators’ competitive positions. As Iraq’s mobile market matures and as the economics of 5G network deployment become increasingly challenging, deeper forms of infrastructure sharing are attracting growing attention from operators, investors, and CMC. This article examines the full range of infrastructure sharing arrangements available in the Iraqi market, the distinct legal framework applicable to each, and the critical contract terms that operators must get right.

Infrastructure Sharing Spectrum

Infrastructure sharing in telecoms covers a range from the most basic passive arrangements to deep active network integration. The principal forms, in order of increasing depth, are: site sharing, multiple operators locating equipment on the same physical site, sharing only land and possibly power supply; passive infrastructure sharing, sharing towers, enclosures, power systems, and site access without sharing any electronic network elements; mast head amplifier sharing, sharing the mast-top transmission equipment while each operator retains its own spectrum and radio equipment; radio access network (RAN) sharing, operators share the active RAN components, antennas, radio units, and baseband processing while maintaining separate core networks; spectrum sharing , operators share spectrum assignments, enabling more efficient use of scarce frequency resources; and multi-operator core network (MOCN) sharing the deepest form of active sharing, where operators share both the RAN and elements of the core network.

CMC Requirements for Infrastructure Sharing

The CMC has developed a regulatory framework for infrastructure sharing that distinguishes between different forms of sharing and their competitive implications. The CMC’s key regulatory requirements include: notification, operators entering into significant infrastructure sharing arrangements must notify the CMC, and in some cases seek prior approval; non-discrimination  operators with significant market power in infrastructure must offer sharing on equivalent terms to all requesting operators; competition assessment, CMC assesses infrastructure sharing arrangements for their impact on competition, particularly whether deep active sharing arrangements constitute a merger that requires separate regulatory review; and technical standards, CMC sets technical standards for shared infrastructure to ensure network quality and interoperability are maintained.

Passive Sharing Contracts

Passive infrastructure sharing contracts in Iraq must address the following essential terms: scope of shared infrastructure precisely defining which passive elements are included; technical specifications, tower loading capacity, power supply specifications, and environmental controls; access rights when and how tenant operators can access the site; maintenance responsibilities and service levels who maintains shared elements and what performance standards apply; interference management, procedures for identifying and resolving interference between operators’ equipment; upgrade and modification rights the process for operators to add or modify their equipment; cost sharing for common infrastructure, how shared costs (power, maintenance, security) are allocated between the parties; and force majeure provisions addressing infrastructure damage from extreme weather, civil unrest, or other events relevant to the Iraqi security environment.

Active RAN Sharing

Active RAN sharing arrangements introduce significantly greater legal and competitive complexity than passive sharing. Key legal issues in active RAN sharing include: spectrum assignment, each operator in a RAN sharing arrangement typically retains its own spectrum assignment, but the sharing arrangement must ensure spectrum is used in a way that complies with CMC licence conditions for each operator; service differentiation, sharing contract must allow each operator to differentiate its service quality, pricing, and customer experience on the shared network; competitive ring-fencing, information barriers must be established to prevent competitively sensitive operational data from being shared between competing operators; liability, responsibility for network outages and performance failures affecting both operators’ customers must be clearly allocated; and exit provisions, the conditions under which each operator can exit the sharing arrangement and the consequences for the other operator.

MVNO Agreements

Mobile Virtual Network Operators (MVNOs) access mobile network infrastructure under commercial agreements with licensed MNOs, without holding their own spectrum or operating their own radio access network. MVNO arrangements represent a distinct form of infrastructure access that is governed by both CMC licence requirements and the commercial terms of the host MNO agreement. Key legal issues in Iraqi MVNO arrangements include: CMC licensing requirements for the MVNO, what licence category is required; the host MNO’s obligations to provide wholesale access whether the CMC mandates MVNO access as a regulatory obligation; commercial terms interconnection rates, roaming, and service quality; and the MVNO’s rights in the event of the host MNO’s licence suspension or revocation.

Dispute Resolution

Infrastructure sharing disputes in Iraq arise most commonly in relation to: fee disputes disagreements about the calculation or adjustment of sharing fees; access disputes, the host operator’s failure to provide the agreed level of access; maintenance failures, disputes about whether the host has met its maintenance obligations; interference disputes, disagreements about the cause and responsibility for radio interference; and termination disputes, challenges to the validity of purported termination notices. Parties should include in their sharing agreements: a multi-tier dispute resolution clause beginning with escalation to senior management; CMC referral explicitly recognising each party’s right to refer access disputes to the CMC; and arbitration as the final tier, specifying the seat, institution, and governing law.

How Etihad Law Firm Assists

Etihad advises MNOs and infrastructure providers on the full range of infrastructure sharing arrangements in Iraq from passive site sharing agreements to complex active RAN sharing arrangements and MVNO commercial agreements. We advise on CMC notification and approval requirements, draft and negotiate sharing contracts, and represent clients in infrastructure sharing disputes.