is unable to provide the Domestic Leased Circuits or Local Lead of Domestic Leased Circuit, as the case may be, to the requesting specified service provider who made such request, due to reason of non-availability of capacity or technical non-feasibility;

has intimated to the requesting specified service provider, the reasons thereof under sub-regulation (2) of regulation 5, the specified service provider, to whom request has been made under regulation 4, shall give an option to the requesting specified service provider to acquire the Domestic Leased Circuits or Local Lead of Domestic Leased Circuit, as the case may be, on "Rent and Guarantee Terms " or "Special Construction basis " or "Contribution basis " as may be offered by it to the requesting specified service provider.

(2)

The specified service provider, to whom the request has been made, under regulation 4 shall,—

(a) on receipt of confirmation from the requesting specified service provider, to whom such option had been given under sub-regulation (1), for providing the Domestic Leased Circuits or Local Lead of Domestic Leased Circuit, as the case may be, on "Rent and Guarantee Terms " or "Special Construction basis " or "Contribution basis ", as the case may be;

(b) on receipt of requisite payment from the requesting specified service provider, provide the requesting specified service provider, the Domestic Leased Circuits or Local Lead of Domestic Leased Circuit, as the case may be, on "Rent and Guarantee Terms " or "Special Construction basis " or "Contribution basis " as may be agreed upon between them;

(3)

Nothing contained in the Schedule IV to the Telecommunication Tariff Order, 1999 shall apply to the Domestic Leased Circuits or Local Lead of Domestic Leased Circuit, as the case may be, provided on "Rent and Guarantee Terms " or "Special Construction basis " or "Contribution basis " as may be agreed upon between them under sub-regulation (2).