Article 36 Functions and Duties of Commission Regarding Interconnection
In accordance with Chapter Seven of the Act, the Commission shall perform the following functions and duties in relation to interconnection of telecommunications networks:
(a) promote adequate and efficient interconnection of telecommunications networks and access by service providers to telecommunications facilities of other service providers, in order to permit interoperability of telecommunications services that originate or terminate in the Kingdom, or both;
(b) establish an open and transparent regulatory framework for interconnection and access with a view to minimizing regulatory and other barriers to entry into telecommunications markets;
(c) promote expeditious and commercially viable interconnection arrangements by relying on commercial negotiations between the parties to reach interconnection agreements, where possible;
(d) ensure that interconnection agreements meet the objectives of the Commission statutes;
(e) publish Interconnection Guidelines consistent with Commission statutes;
(f) determine which service providers are dominant service providers in a telecommunications market for interconnection;
(g) if considered appropriate by the Commission, regulate the prices for interconnection and access services by dominant service providers in a telecommunications market for interconnection;
(h) ensure that dominant service providers publish Reference Interconnection Offers in accordance with this Bylaw and the Interconnection Guidelines; and
(i) resolve disputes related to interconnection and access in a timely and impartial manner.
Article 37 Interconnection by All Service Providers
37.1 Upon receipt of a written request by another service provider or a foreign service provider, a service provider shall enter into good faith negotiations to enter into an interconnection agreement:
(a) to connect and keep connected both parties’ telecommunications networks at specified points of connection; and
(b) to provide access to such telecommunications facilities as are reasonably requested in order for the service providers to provide telecommunications services to their users.
37.2 The following actions or practices among others shall be deemed to violate the duty to negotiate in good faith:
(a) obstructing or delaying negotiations or resolution of disputes;
(b) refusing to provide information about a service provider’s own telecommunications or telecommunications facilities that are necessary for the interconnection arrangements;
(c) misleading or coercing a party into reaching an agreement it would not otherwise have made;
(d) demanding that another service provider sign a non-disclosure agreement that precludes it from providing information requested by the Commission; or
(e) refusing to include a provision allowing amendment of the interconnection agreement to take into account changes in Commission statutes.
37.3 A service provider shall not be required to enter into an agreement under paragraph 37.1 of this Article where to do so would, in its reasonable opinion, and where the Commission has not ruled otherwise:
(a) cause or be likely to cause material danger, damage or injury to any person or to any property;
(b) cause material damage or otherwise interfere with the operation of its telecommunications network, telecommunications facilities or the provision of its telecommunications services; or
(c) not be technically or commercially feasible.
37.4 Service providers shall ensure that an agreement offered in response to a request made under paragraph 37.1 of this Article shall comply with the provisions of the Interconnection Guidelines for the relevant type of interconnection and/or access.
37.5 Service providers and other concerned parties may at any time request the Commission to issue a decision that amends or elaborates on the treatment of the issues or on the procedures set out in the Interconnection Guidelines.
Article 38 Interconnection by Dominant Service Providers
38.1 Articles thirty eight (38) to forty two (42) of this Bylaw apply only to service providers that the Commission has designated as dominant service providers for interconnection purposes in one or more telecommunications markets.
38.2 The Commission may, by decision, designate a service provider as being a dominant service provider for interconnection purposes in one or more markets, if the Commission considers that:
(a) the service provider is a dominant service provider within the meaning of the Commission statutes, and/or
(b) the service provider, either individually or jointly with others, enjoys a position equivalent to that of a dominant service provider.
Article 39 Requests for Interconnection
39.1 Every dominant service provider designated under Article 38 of this Bylaw shall, on request, offer to provide interconnection to its telecommunications network and access to telecommunications facilities, to any service provider by means of a written interconnection agreement.
39.2 Interconnection arrangements offered by dominant service providers in accordance with paragraph 39.1 of this Article shall:
(a) be consistent with the Interconnection Guidelines most recently published by the Commission before the date of the offer, including any guidelines set out therein relating to interconnection charges and quality of service;
(b) be consistent with the Reference Interconnection Offer that has been approved by the Commission for the service provider;
(c) be transparent, non-discriminatory and objective;
(d) meet all reasonable requests for access to its telecommunications network at any technically feasible point; and
(e) be subject to reasonable terms and conditions, consistent with the Act and this Bylaw.
39.3 Every dominant service provider designated as dominant in relevant interconnection markets shall ensure that:
(a) it applies similar conditions to interconnecting service providers and foreign service providers under similar circumstances;
(b) it provides interconnection and access to interconnecting service providers and foreign service providers under the same conditions and of the same quality as it provides for its own services, or those of its affiliates;
(c) it makes available on request all necessary information and specifications to service providers and foreign service providers requesting interconnection and access; and
(d) it only uses information received from a service provider or a foreign service provider seeking interconnection for the purposes for which it was supplied and does not disclose the information to other departments, affiliates or persons to whom the information could provide a competitive advantage.
Article 40 Interconnection Charges
40.1 The Commission shall be governed by the objective of ensuring that interconnection and other access charges imposed by dominant service providers comply with the Interconnection Guidelines when:
(a) approving such charges;
(b) resolving a dispute between service providers regarding such charges; or
(c) otherwise exercising its functions and duties under the Commission statutes.
40.2 In establishing charges for interconnection and access, dominant service providers shall comply with the Interconnection Guidelines, including any pricing, costing and cost separation guidelines set out therein.
Article 41 Reference Interconnection Offers
41.1 Every dominant service provider shall prepare a Reference Interconnection Offer for approval by the Commission within the time period prescribed in the Interconnection Guidelines after its designation by the Commission. Dominant service providers shall periodically update Reference Interconnection Offers in the manner prescribed by the Interconnection Guidelines.
41.2 A dominant service provider shall publish its approved Reference Interconnection Offer by:
(a) sending a copy to the Commission;
(b) making a copy available in its principal business offices; and
(c) sending a copy to any person on request.
41.3 Every Reference Interconnection Offer shall:
(a) comply with the Interconnection Guidelines, including any applicable guidelines for the form and content of a Reference Interconnection Offer published by the Commission;
(b) include a full list of standard services to be supplied to service providers in accordance with an agreement required under Article 39.1 of this Bylaw setting out the associated terms and conditions, including the charges for each service and component of such service;
(c) include a description of interconnection and access services to be supplied and the associated terms and conditions, including charges; and
(d) be approved and published by the Commission on its official web site.
41.4 Every dominant service provider designated under Article 38 of this Bylaw shall, except with the written approval of the Commission, ensure that its interconnection offers comply with its Reference Interconnection Offer and the Interconnection Guidelines.
Article 42 Publication of Interconnection Agreements
42.1 Every dominant service provider designated under Article 38 of this Bylaw shall, within ten (10) days after execution of an interconnection agreement, submit a copy to the Commission.
42.2 Copies of interconnection agreements provided to concerned parties in accordance with paragraph 42.1 of this Article may exclude parts of the agreement that contain designated confidential information. In every case, however, details of interconnection charges, terms and conditions shall be disclosed, as well as information required to be disclosed under the Interconnection Guidelines.
42.3 Subject to paragraph 42.4 of this Article, the Commission shall make copies of all interconnection agreements filed with it available to concerned parties on request and shall place a copy of all interconnection agreements on its official web site.
42.4 A dominant service provider may designate information as confidential pursuant to Chapter 1 of this Bylaw and the Rules of Procedure.
42.5 The Commission shall resolve disputes regarding disclosure of information in interconnection agreements.
42.6 Every dominant service provider designated under Article 38 of this Bylaw shall provide to the Commission, at such time or times as the Commission prescribes, a report on its interconnection arrangements. The reports shall:
(a) list all interconnection agreements and other interconnection arrangements where there is no formal agreement, to which the service provider is a party;
(b) certify whether or not such agreements comply fully with the Interconnection Guidelines and fully explain any variances;
(c) provide such information on the quality of interconnection and access services as the Commission prescribes; and
(d) contain any additional information required by the Interconnection Guidelines.
Article 43 Non-compliant Interconnection Agreements
43.1 If the Commission decides that an interconnection agreement is not in compliance with Commission statutes or the license of a party to the interconnection agreement, it shall notify the parties to the interconnection agreement. Such notification shall be given by the Commission within the time prescribed by the Interconnection Guidelines.
43.2 The Commission’s notification shall set out the basis for its decision and require the parties to amend the interconnection agreement within the time prescribed by the Interconnection Guidelines.
43.3 If the parties are unable to reach agreement on the terms and conditions of an interconnection agreement complying with the determination of the Commission, the dispute resolution provisions in Chapter 6 of this Bylaw shall apply.