Newsletter
TYPE I CARRIER INTERCONNECTION RULES ANNOUNCED
In line with the amendments to the Telecommunications Law which came into force on 3 November 1999, and to encourage telecoms operators to invest in fixed network business, on 30 November 1999 the Directorate-General of Telecommunications (DGT) published its Regulations Governing Interconnections between Type 1 Telecommunications Operators.
The regulations, which took effect immediately, seek to put into practice the principles for network interconnection set out in the amended Article 16 of the law, i.e. transparency, reasonableness, non-discrimination, unbundling, and cost-based charging. The main content of the regulations is as follows:
Interconnection principles
1.A Type 1 carrier may not refuse a request from another Type 1 carrier for direct or indirect interconnection of their networks. However, the DGT may on examination exceptionally allow this principle to be set aside for reasons of technical feasibility and the safety of telecom facilities.
2.Networks should be interconnected in a way conducive to economic, technical and administrative efficiency.
3.The prices, quality and other associated conditions of network interconnection services provided by a Type 1 carrier to itself, its affiliated companies or other carriers should conform to the principles of fairness and reasonableness; discrimatory treatment is not permitted.
Principles for establishing points of interconnection
1.Type 1 carriers may negotiate to establish points of interconnection between their networks in accordance with their needs. A dominant Type 1 carrier has a duty to establish such a point of interconnection at any technically feasible location.
2.At each point of interconnection there should be a clear point of division of responsibilities, to be mutually agreed between the parties.
Interconnection charges
1.In principle, charges for network interconnection between Type 1 carriers should be set by agreement between the parties.
2.A dominant Type 1 carrier should disclose to the DGT its method of calculating network interconnection charges, and should unbundle its network elements in order to facilitate the calculation of interconnection charges.
Network interconnection negotiations and arbitration procedure
1.Network interconnections between Type 1 carriers should be governed by agreement between the parties concerned. The content of such an agreement should include interconnection charges, access charges and subscriber tariffs.
2.Type 1 carriers should reach agreement within three months from the date of a request for network interconnection. If they are unable to reach such agreement within three months, either party may apply with the DGT for decision. The DGT should present a written decision within three months from receiving a written request for decision or of initiating investigations ex officio. However, a party who does not accept the DGT's decision may seek remedy through the administrative appeals procedure.