1.1 Introduction
The regulatory framework for interconnection is set out in the Telecommunications Act (“Act), the Telecommunications Bylaw (“Bylaw”) and the Ordinance of the Communications Commission (“Ordinance”).
The Act establishes the general provisions for interconnection as follows:
Terms governing network access rights
Rights to negotiate
Rights to appeal to the Commission.
The Bylaw identifies the functions and duties of the Commission as:
Establishment of an open and transparent regulatory framework for interconnection
Promotion of adequate and efficient interconnection
Promotion of expeditious and commercially viable interconnection arrangements
Designation of Dominant Service Providers, including designation of the markets in which they are dominant
Ensuring that interconnection agreements meet the objectives of the Commission statutes
Resolution of disputes related to interconnection in a timely and impartial manner.
Regulation of the prices for interconnection if considered appropriate by the Commission.
Publication of the Interconnection Guidelines consistent with the Commission statutes;
Ensuring Dominant Service Providers publish Reference Interconnection Offers (RIOs) in accordance with the Act, the Bylaw and these Guidelines.
The Bylaw also establishes the provisions governing:
Interconnection by all Service Providers
Interconnection by Dominant Service Providers (DSPs)
Requests for Interconnection
Interconnection Charges
Reference Interconnection Offer (RIO)
Negotiation
Publication of Interconnection Agreements
Non-compliant InterconnectionAgreements
Dispute Resolution
1.2 The Purpose of the Guidelines
The purpose of the Interconnection Guidelines are:
to supplement the regulatory framework for interconnection set out in the Act, the Bylaw and the Ordinance. to provide guidance for all Service Providers
to provide specific guidance for Dominant Service Providers
to assist in ensuring that all Service Providers are treated fairly and in a non-discriminatory manner with respect to the provision of interconnection services
to encourage good practice with respect to interconnection services between Service Providers and to promote the provision of high quality services for interconnection through technical and economic efficiency, and thereby to ensure that users can be provided with a satisfactory quality of service
to encourage collocation and facility sharing.
to establish a process for dealing with interconnection disputes.
hese Guidelines should be read in conjunction with the Act, the Bylaw and the Ordinance.
The Commission will take these Guidelines into account in exercising its duties and functions, including applying the provisions of the Bylaw and the relevant conditions in Licences.
These Guidelines will be subject to review from time to time. These Guidelines will be amended after consultation with interested parties. Amended version of the Guidelines will be posted on the Commission’s web site.
1.3 The Scope of the Guidelines
In general these Guidelines apply to all Service Providers who provide interconnection to other Service Providers. However, certain specific requirements under these Guidelines apply only to Dominant Service Providers.
It is obligatory on every Service Provider to offer and receive interconnection under appropriate terms and conditions. These Guidelines are intended to form the basis for a reasonable and mutually negotiated interconnection agreement between interconnecting Service Providers.
The Guidelines also address the development and publication of a Reference Interconnection Offer (RIO) by Dominant Service Providers. This Reference Interconnection Offer shall be a publicly available document published by a Dominant Service Provider that defines a standard set of commercial, technical and operational conditions under which the Dominant Service Provider offers interconnection services to other Service Providers. The Reference Interconnection Offer is intended to form the basis for negotiation of an interconnection agreement for the provision of interconnection services.
Service Providers are required to negotiate and implement bilateral interconnection agreements if interconnecting with other Service Providers. Dominant Service Providers must submit to the Commission a copy of the proposed interconnection agreement within the time stipulated in the Bylaw.
1.4 The Structure of the Guidelines
The Guidelines are structured to facilitate the development of the RIO and cover the following areas:
Purpose and Scope of the Guidelines
General Principles of Interconnection
Reference Interconnection Offer
Interconnection Services
Technical Aspects of Interconnection Operational Aspects and Processes of Interconnection Management of Interconnection Interconnection Pricing and Accounting Separation