Can an Access Provider refuse to negotiate with an Access Seeker on the grounds that the Access Provider’s new Access Agreement submitted to the Commission has yet to be registered?

No, an Access Provider may not decline to engage in any discussions or negotiations with Access Seekers solely based on the ground that the Access Provider has Access agreements with other parties pending registration with the Commission.  Parties are reminded of their obligation to negotiate (under s 5.4 of the Mandatory Standard on Access) with Access Seekers who wish to seek access.  Access Providers may not refuse an access request except when the Access Provider has valid ground(s) of 

refusal as provided for under s 5.4.11 of the Mandatory Standard on Access.