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2009 TELECOMMUNICATIONS S.R.O. 17 (INTERCONNECTION) REGULATIONS

.

COMMONWEALTH OF DOMINICA

ARRANGEMENT OF REGULATIONS

REGULATIONS

1. Short title and commencement2. Interpretation3. Rights and obligations of public network operators4. Obligations of dominant fixed public network operators5. Number portability6. Non-discrimination and transparency7. Confidentiality8. Access to facilities9. Dominant interconnection provider

10. Publication of information11. Rate structure12. Reference interconnection offer13. Publication of reference interconnection offer14. Payment for interconnection15. Calling Line Identity16. Form and contents of interconnection agreements17. Connectivity18. Non-inclusion19. Notice of request20. Procedures for application21. Prohibited Interconnection22. Amendment or modification of interconnection

agreement23. Suspension of an interconnection agreement24. Termination of an interconnection agreement25. Register26. Contents of register27. Confidential portion of register


28. Format for separating information29. Access to register30. Dispute resolution31. Dispute regarding existing agreement32. Amendment due to dispute resolution33. Renewal of interconenction agreement34. Power of referral35. Interconnection code36. Repeal

COMMONWEALTH OF DOMINICA

STATUTORY RULES AND ORDERS No. 17 OF 2009

REGULATIONS

Made by the Minister under section 74 of the TelecommunicationsAct, 2000 (Act No. 8 of 2000).

(Gazetted 23rd April, 2009.)

1. (1) These Regulations may be cited as the-

TELECOMMUNICATIONS (INTERCONNECTION)REGULATIONS, 2009.

(2) These Regulations shall come into force on the dateof publication in the Gazette.

2. In these Regulations-

“Act” means the Telecommunications Act 2000;

“access deficit” means the difference between the costs incurredby the incumbent fixed public network operator forproviding domestic telecommunications services, whoseprices are regulated, and the maximum revenue that theoperator can secure for providing those services underprice regulation;

“Calling Line Identity” means the information generated by atelecommunications network that identifies the callingnumber;

“call termination” means the completion of a call that is originatedon one public network and terminated on another;

“cost-oriented” means those charges equal to the long-runincremental cost of an efficient provider plus an appropriateportion of shared and common costs;

Short title andcommencement.

Interpretation.

Act No. 8 of 2000.



“dominant interconnection provider” means a public networkoperator who is designated by the Commission as dominantfor the purposes of providing interconnection servicesunder regulation 9; and “dominant fixed public networkoperator” shall have a corresponding meaning;

“interconnection provider” means a public network operator whoreceives a request to provide interconnection under theAct or Regulations;

“interconnection services” means services provided by a publicnetwork operator to another public network operatorlinking the public telecommunications networks ortelecommunications services of both parties to allow theusers of the public telecommunications services of eitherparty to -

(a) communicate with the users of the telecommunicationservices of the other; and

(b) access the services provided by the other operator orservice provider

“joining service” means a service consisting of a transmissionfacility connecting the points of interconnection of twopublic network operators, one of which may or may not bethe provider of the service;

“number portability” means the ability of a customer to retain thesame telephone number on changing telecommunicationsproviders;

“phased manner” means to reduce or increase gradually or instages;

“point of interconnection” means a location where the exchangeof telecommunications between the telecommunicationsnetwork of an interconnection provider and thetelecommunications network of an interconnecting operatortakes place;


“public network operator” means a person who is licensed underthe Act to operate a public telecommunications network;

“reference interconnection offer” means a document setting outthe terms on which the dominant interconnection providerproposes to offer interconnection to a public networkrequesting interconnection;

“Register” means the register maintained pursuant to regulations25, 26, 27 and 29;

“transit service” means the transmission and routing of theservices of public network operators over the network ofthe provider of transit service.

(2) Unless otherwise specified, terms used in theseRegulations shall have the meanings assigned to them under theAct.

3. A public network operator -

(a) shall act in a manner that enables interconnection tobe established as soon as reasonably practicable.

(b) is required to promptly provide interconnection atcost-oriented rates to any other public networkoperator that requests it.

(c) is entitled to promptly receive interconnection at cost-oriented rates from any other public network operator.

(d) shall provide timely forecasts of usage to theinterconnection provider and shall be required tocover the costs that the interconnection providerincurs to meet forecasted needs even if the forecastedtraffic fails to materialize.

Rights and obligationsof public networkoperators.


(e) shall configure its network to enable -

(i) transmission; and

(ii) switching or routing,

of voice, data and images over its networks.

(f) shall exchange signaling information using standardsignaling systems.

(g) is required to provide call-termination services to anyother public network operator that requests them.

(h) who is a party to an interconnection agreement shallprovide written notice of any breach of theinterconnection agreement and a reasonable periodof time to cure the breach before terminating theinterconnection agreement in accordance with theprocedure set out in regulation 24.

(i) shall make it possible for its customers to completeinternational calls using public network operators ofthier choice, and such choice shall be available on acall-by-call basis, with the call being completed withoutthe requirement either of second dial tone or manualintervention.

4. (1) In addition to the obligations placed on all publicnetwork operators in regulation 3, a dominant fixed publicnetwork operator shall -

(a) provide joining services to any other public networkoperator that requests them;

(b) provide usage-based transit services to other publicnetwork operators that request them; or

Obligations of dominantfixed public networkoperators.


(c) where it provides broadband Internet access as aretail service, arrange to carry the broadbandinformation to unaffiliated Internet service providersof the end user customer’s choice.

5. A public network operator shall configure its network tofacilitate number portability between similar networks as andwhen directed by the Commission, acting on the recommendationof ECTEL.

6. (1) When providing interconnection, a public networkoperator shall act in accordance with the following principles -

(a) interconnection shall be provided to interconnectingoperators under no less favourable terms and ofno less favourable quality as the interconnectionprovider provides similar services for itself or itsaffiliates;

(b) interconnection shall be provided without regardto the types of users to be served or the types ofservices to be provided by the public networkoperator requesting interconnection;

(c) a public network operator shall provide on requestinformation reasonably necessary tointerconnecting operators considering inter-connection, in order to facilitate the conclusion ofany agreements.

(2) The information provided pursuant to sub-regulation(1) (c) shall include planned charges for implementation within thenext six months following a request, unless otherwise agreed bythe Commission.

Number portability.

Non-discrimination andtransparency.


(3) When a public network operator concludes aninterconnection agremeent, it shall -

(a) offer the terms and ocniditons of such anagreement to any other public networkoperator requesting interconnection; and

(b) offer the terms and conditions of such anagreement, upon request, to any other publicnetwork operator with which it has an existinginterconnection agreement, except to theextent that it can prove to the satisfaction ofthe Commission that it is not technicallyfeasible to replicate the same level of qualityof the interconnection or to provideinterconnection under the same terms andconditions as it provides pursuant to such anagreement.

(4) The Commission shall take such steps as may benecessary to ensure that the requirements under this regulationare being met.

7. A public network operator shall not knowingly commuicate,or allow access to any confidential, proprietary, or competiveinformation, including but not limited to, customer orders, marketforecasts, plans for development of new customers, receivedfrom another public network operator in respect of interconnection,except to the extent authorized by the operator in writing, or by theAct or these Regulations.

8. (1) Where access to any facilities is required to effectinterconnection such access shall be provided on a non-discriminatory and equitable basis, including with respect tocharges, location and other commercial matters, together with theinterconnection.

Confidentiality.

Access to facilities.


(2) Pending the conclusion of any agreement betweenparties to a negotiation for access to facilities, and subject toregulation 30, the Commission may, acting on the recommendationof ECTEL, issue such orders or directions for the sharing of anyfacilities or with respect to providing access to such facilities onan interim basis.

9. (1) The Commission, acting on the recommendation ofECTEL, and by notice or order published in the Gazette, shalldesignate a public network operator as a dominant interconnectionprovider in a particular market or markets for telecommunicationsservices if the Commission has determined, after a publicconsultation process, that a public network operator -

(a) enjoys a position of economic strength affordingit the power to behave to an appreciable extentindependently of competitors, customers andultimately consumers in a market or markets fortelecommunications services; and

(b) it is in the long-term interests of consumers oftelecommunications services that the publicnetwork operator be so designated.

(2) The Commission shall undertake a consultation processwhich will commence with a preliminary determination of marketdominance and the designation of one or more dominantinterconnection providers.

(3) The Commission shal issue its final determination ofmarket dominance no later than 90 days after its preliminarydetermination of dominance under subregulation (2).

(4) Notwithstanding the sub-regualtions (1), (2) and (3),a public network operator may consent to being treated as adominant interconnection provider solely for the purpose ofproviding interconnection and filing a reference interconnectionoffer at the time it files a reference interconnection offer.

Dominantinterconnectionprovider.


10. (1) The Commission shall have available, for the use ofthe general public, documentation on interconnection that isadequate and current.

(2) The Commission shall use any medium that it considersappropriate to inform the public of the documentation availablepursuant to sub-regulation (1).

(3) The Commission may impose an administrative feefor providing the documentation to any person.

11. (1) The Commission shall, acting on the recommendationof ECTEL, determine upon its own motion or upon an applicationby any person, the interconnection rate of any person whoprovides or offers to provide interconnection.

(2) Interconnection rates shall be cost-oriented andimposed in a transparent manner and shall identify clearly -

(a) charges for interconnection services; and

(b) any contribution to the access deficit of theinterconnection provider , where applicable.

(3) Where an interconnection agreement is negotiatedbefore the Commission has determined any rates, or where, afterthe conclusion of any interconnection agreement, the Commisionestablishes new rates for interconnection for any reasons, theagreement shall be amended by the parties to comply with suchrates as may subsequently be determined.

(4) Notwithstanding sub-regulation (2), the Commissionmay impose cost-oriented rates in a phased manner and on suchterms and conditions as may be determined by the Commission,acting on the recommendation of ECTEL.

12. (1) Each dominant interconnection provider requested toprovide a reference interconnection offer shall provide such anoffer within 60 days of its receipt of such request by theCommission.

Publication ofinformation.

Rate structure.

ReferenceInterconnection offer.


(2) A reference interconnection offer shall make availableto public network operators those services and network elementsnecessary for the provision of competing retail services.

(3) The reference interconnection offer provider may setdifferent rates, terms and conditions for different interconnectionservices, where such differences can be objectively justified anddo not result in the unfair distortion of competition.

(4) The reference interconnection offer provider shallapply the appropriate interconnection tariffs, terms and conditionswhen providing interconnection for its own services or those of itsaffiliates, subsidiaries or partners.

(5) The charges of the reference interconnection offershall be sufficiently unbundled to ensure that the interconnectingoperator requesting interconnection is not required to pay forservices not related to the service requested.

(6) Interconnection rates set out in the referenceinterconnection offer shall be cost-oriented.

(7) The reference interconnection offer shall containspecific provisions for dispute resolution procedures including theappropriate contact persons whose names and other contactinformation shall be updated at least quarterly, precise timeframes for resolution of complaints, clear and concise escalationprocedures that allow for prompt resolution of disputed issues andrules that shall be used for arbitrating any unresolved issues.

(8) The Commission has the authority to ensure that areference interconnection offer is compliant with the Act andRegulations and contains rates that are cost-oriented.

13. Within 7 days of approval of a reference interconnectionoffer by the Commission, a dominant interconnection providershall publish its offer by -

Publication of ReferenceInterconnection Offer.


(a) posting the offer on its website; and

(b) making printed and electronic copies of the offeravailable to any public network operator upon request.

14. Subject to the right of the Commission, acting on therecommendation of ECTEL, to determine that every cost imposedon a public network operator in respect of interconnection is justand reasonable, a public network operator shall pay for theinvestment, operations, and maintenance expenses of the facilitiesnecessary to reach the point or points of interconnection.

15. Every public network operator shall provide upon requestto other public network operators, the Calling Line Identity and allnecessary signaling data, in accordance with accepted internationalstandards and any technical standards set by and published by theCommission from time to time.

16. (1) All interconnection agreements and referenceinterconnection offers shall be in writing and the followingmatters shall be specified in those agreements except where aparticular matter is irrelevant to the specific form of theinterconnection requested-

(a) access to ancillary, supplementary and advancedservices;

(b) adequate service levels including the remediesfor any failure to meet those service levels;

(c) a provision that deals with regulatory change,including determinations by the Commission;

(d) duration and renegotiation of interconnectionagreements;

(e) forecasting, ordering, provisioning and testingprocedures;

(f) dispute resolution procedures, includingidentification of points of contact, time framesand an escalation process;

Payment forinterconnection.

Callining line identity.

Form and contents ofinterconnectionagreements.


(g) geographical and technical characteristics andlocations of the points of interconnection;

(h) information handling and confidentiality provisions;

(i) intellectual property rights;

(j) measures anticipated for avoiding interference ordamage to the networks of the parties involved orthird parties;

(k) national and international appropriate indexes forservice quality;

(l) procedures in the event of alterations beingproposed to the network or service offerings ofone of the parties;

(m) provisions for the formation of appropriate workinggroups to discuss matters relating tointerconnection and to resolve any disputes;

(n) provision of network information;

(o) technical specifications and standards;

(p) terms of payment, including billing and settlementprocedures;

(q) the procedures to detect and repair faults, as wellas an estimate of acceptable average indexes fordetection and repair times;

(r) the scope and description of the interconnectionservices to be provided;

(s) the technical characteristics of all the main andauxiliary signals to be transmitted by the systemand the technical conditions of the interfaces;

(t) transmission of Calling Line Identity, whereavailable to be transmitted;

(u) provisions for call termination;


(v) provisions for transit facilities;

(w) provisions for joining links;

(x) ways and procedures for the supply of otherservices that the parties agree to supply to eachother, such as operation, administration,maintenance, emergency calls, operatorassistance, automated information for use,information on directories, calling cards andintelligent network services;

(y) the obligations and responsibilities of each party inthe event that inadequate or defective equipmentis connected to their respective networks;

(z) provisions for notice and for remedying any breachthat may arise from the agreement; and

(aa) any other relevant issue.

(2) Public network operators shall make available tointerested parties, any reference interconnection offers and theportions of approved interconnection agreements that have notbeen designated as confidential by the Commission pursuant toregulation 27.

17. An interconnection agreement shall include provision forany-to-any connectivity to allow any end-user of that network tocommunicate with any other end-user of public telecommunicationsservices, regardless of whether the end-users are connected tothe same, or different, networks.

18. An interconnection agreement shall not contain anyprovision which has the effect of-

(a) imposing an unfair or discriminatory penalty ordisadvantage upon a person in the exercise of theperson’s right to be provided with interconnection;

Connectivity.

Non-inclusion.


(b) precluding or frustrating the exercise of a person’srights or privileges afforded under the Act orRegulations; and

(c) preventing a licensee from lawfully providing aninterconnection service to another public networkoperator.

19. (1) A public network operator shall make a request forinterconnection in writing to an interconnection provider and shallforward two copies of the written request to the Commission, oneof which shall be addressed to ECTEL.

(2) A request for interconnection shall contain at least thefollowing information -

(a) a copy of the licence of the interconnectingoperator;

(b) the services with respect to which interconnectionis sought;

(c) a declaration by the public network operator thatit accepts the rights and obligations of all publicnetwork operators as set out in regulation 3; and

(d) any other information as specified in the referenceinterconnection offer or reasonably required inorder for the telecommunications provider torespond to that request.

(3) Notwithstanding sub-regulation (1), any person whohas applied for a telecommunications licence under the Act, butwhose application is still pending, may make an interconenctionrequest and conclude an interconnection agreement, except thata notice of request from such an applicant shall not include a copyof a licence under sub-regulation (2).

(4) The effecting of interconnection in accordance witha request under sub-regulation (3) shall be conditional upon a grantof a licence to the applicant.

Notice of request.


20. (1) Within 30 days after the parties to a negotiationregarding interconnection have concluded an interconnectionagreement, the parties shall submit the proposed agreement to theCommission for its approval.

(2) The Commission shall approve the proposedinterconnection agreement if it is satisfied that the proposedinterconnection agreement is not inconsistent with the Act, theseRegulations, the terms and conditions of the parties’ licenses orother provisions of law.

(3) The Commission shall consult with ECTEL for itsadvice and recommendations concerning the application, beforedetermining whether to approve the proposed interconnectionagreement.

(4) The Commission may request additional informationfrom the parties to a proposed interconnection agreement whereit considers it necessary to further evaluate the terms, conditionsand charges contained in the proposed inter-connection agreement.

(5) Where the Commission notifies the parties that it doesnot consider that the proposed interconnection agreement shouldbe approved, the parties to that agreement shall negotiate andsubmit a revised proposed interconnection agreement to theCommission, within a reasonable period determined by theCommission having regard to the matters being the subject of theCommission’s request.

(6) Notwithstanding the Commission’s right to approvean interconnection agreement, where a proposed interconenctionagreement is substantially the same as an existing agreementalready approved by the Commission, such an agreemnet mayprovide that it will be effective upon submission to the Commissionand will remain effective unless the Commision informs theparties to such agreement, within 60 days of its submission, orsuch longer period as the Commission may reasonably require,that it has not approved the agreement.

Proceedures forapplication.


(7) Sub-regulation (6) does not apply where the parties toan interconnection negotiation have concluded an agreementafter the effective date of any interim interconnection decisionimposed by the Commission, pursuant to the procedures specifiedin regulation 31.

21. A party shall not negotiate, propose to enter or enter intoan interconnection agreement where the Commission determinesthat-

(a) the proposed interconnection is contrary to the Act,these Regulations, the terms and conditions of theparties’ licenses or other provisions of law; or

(b) the requested interconnection is not technicallyfeasible; or

22. (1) The parties to an interconnection agreement mayamend or modify an agreement which has been approved by theCommission by-

(a) giving not less than 30 days written notice prior tothe effective date of the amendment ormodification; and

(b) submitting a copy of the proposed amendment ormodification to the Commission.

(2) An amendment or modification to an interconnectionagreement does take effect unless approved by the Commissionwithin 30 days of the submission, or such longer period as theCommission may in any case determine.

23. (1) An interconnection agreement shall include provisionfor the suspension of the agreement in the event of -

(a) conduct that is illegal or interfers with theobligations of the interconnection provider, underthe relevant licence, Act or Regulations;

Prohibitedinterconnection.

Amendment ormodification ofinterconenctionagreement.

Suspension of aninterconnectionagreement.


(b) requirements that are not technically feasible;

(c) health or safety problems; or

(d) circumstances that pose an unreasonable risk tothe integrity or security of the network or servicesof the interconnection provider, from whichinterconnection is requested.

(2) An interconnection agreement shall include a provisionto allow for the suspension of interconnection where it is necessaryto deal with a material degradation of the interconnection provider’stelecommunications network or services.

(3) Parties to an interconnection agreement shall provideat least 15 days notice to the Commission prior to suspending theagreement.

(4) The suspension of an interconnection agreementdoes not take effect unless approved by the Commission, actingon the recommendation of ECTEL.

24. (1) Parties to an interconnection agreement shall provideat least 30 days notice to the Commission and to customers beforeterminating any interconnection agreement that will result in theloss to those customers of an essential service.

(2) A notice under subregulation (1) shall inform customersof the date upon which any services will be interrupted and shallalso inform them of appropriate stemps that can be taken to obtainsuch services from another operator.

(3) Notwithstanding the right of the parties to terminatean interconnection agremeent, the Commission, acting on therecommendation of ECTEL, shall have the authority to requireany party to provide interconnection on such terms and conditionsand at such rates as the Commission considers appropriate,pending renewal or replacement of the interconnection agreement.

Termination of aninterconnectionagreement.


25. (1) All copies of an interconnection agreement shall bekept in a register maintained by the Commission in print form, oras a database in electronic medium, and in any other formdetermined by the Commission.

(2) The Register shall be kept at the principal office of theCommission and Parts I and III of the Register shall be open topublic inspection during normal working hours.

(3) A copy of the Register shall be provided to ECTEL.

26. The Register shall be maintained in 3 parts as follows -

(a) Part I containing a list of all interconnection agreementswith the names of interconnection providers,service areas of their operation, and the dates ofthe execution of the agreements, and shall be openedfor inspection by thepublic;

(b) Part II containing portions of interconnectionagreements which the Commission has directed to bekept confidential; and

(c) Part III containing the contents of interconnectionagreements excluding those directed by theCommission to be kept confidential which shall beopen for inspection by the public.

27. (1) The Commission may, on the request of any party toan interconnection agreement, direct that any part of theinterconnection agreement be kept confidential.

(2) Any request to keep part of an interconnectionagreement confidential shall be accompanied by a non-confidentialdescription of the relevant portion of the interconnection agreement.

(3) Where the Commission is satisfied that the interestsof a telecommunications provider could be adversely affected if

Register.

Contents of Register.

Confidential portion ofRegister.


the relevant part were not kept confidential, it may direct that therelevant part of the interconnection agreement be kept confidentialand the non-confidential description of that part must beincorporated in Part III of the Register.

(4) Where the Commission declines the request of anypublic network operator to keep any portion of the interconnectionagreement confidential, it shall record its reason for doing so andfurnish a copy of its decision to the applicant.

(5) Before making any decision to disclose confidentialinformation, the Commission shall afford a hearing to the publicnetwork operator who has requested the information be keptconfidential.

(6) Whenever a public network operator requests thatany part of an interconnection agreement should be keptconfidential, that portion of the agreement shall remain confidentialuntil the matter is determined by the Commission.

28. (1) The Commission may, from time to time, determinethe format for seeking disaggregated information of parts of aninterconnection agreement relating to technical standards orspecifications from the Register in respect of -

(a) access charges;

(b) area of operation;

(c) consumer related information;

(d) downtimes;

(e) fault resolving procedures;

(f) interconnection;

(g) port charges;

(h) quality of service; and

(i) revenue-sharing arrangements.

Format for separatinginformation.


(2) Each licensee shall offer such assistance to theCommission in relation to disaggregating information pursuant tothis regulation as it may reasonably require.

29. (1) Parts I and III of the Register shall be open forinspection by the public on payment of the administrative fee andon the fulfillment of any other condition determined by theCommission.

(2) Any person seeking inspection of Parts I or III of theRegister shall apply to the officer designated by the Commissionwho shall allow inspection and also make available extracts of therelevant portions of the Register, on payment of the prescribedfee.

(3) The Commission may in accordance with sub-regulations (1) and (2) also allow access to Parts I and III of theRegister through the website maintained by it.

30. (1) Notwithstanding anything to the contrary contained inother law, where the parties to any proposed interconnectionagreement are unable to agree on the terms thereof within 60 daysfrom the date of a request for interconnection under regulation 19,either party may submit the matter to the Commission forresolution in accordance with such procedures as the Commissionmay adopt, acting on the recommendation of ECTEL.

(2) Where no request has been received by theCommssion after 60 days pursuant to sub-regualtion (1), theCommission may, acting on its own motion, direct the parties tosubmit the matter for resolution.

(3) Notwithstanding sub-regulation (2), the Commissionmay withhold from dirceting the parties for an additional 30 dayswhere it is reasonably satisfied by both parties that aninterconnection agreement is likely to be concluded within thattime.

Access to Register.

Dispute resolution.


(4) Any decision made by the Commission pursuant tosub-regulations (1) and (2) shall be binding on the parties pendingagreement between them on the terms of any proposedinterconnection agreement.

(5) The decision by the Commission shall -

(a) be made within 60 days from the date of a requestunder sub-regulation (1) or a direction by theCommission under sub-regulation (2), or suchlonger period as the Commission may in any casedetermine; and

(b) specify -

(i) the facilities and the network covered by thedecision;

(ii) the extent of any network over which oneparty is required to carry information andcommunication messages includingtelecommunication message to enable anotherparty to supply services;

(iii) the points of, and the technical standards for,interconnection;

(iv) the rates of interconnection;

(v) the effective date of the decision; and

(vi) any other matters it deems appropriate.

(6) The parties to the decision under sub-regulation (5)shall submit to the Commission a copy of an interim interconnectionagreement implementing the terms and conditions of the decision,together with any other informatiion the Commission may require.

(7) An interim interconnection agreement shall cease tohave effect on the date a proposed interconnection agreementagreed between the parties is approved by the Commission.


(8) The existence of an interim interconnection agreementshall in no way prejudice, vary, or diminish the right of theCommission to review, approve or reject any proposedinterconnection agreement between the parties.

(9) The Commission may, acting on the recommendationof ECTEL, make the terms and conditions of an interiminterconnection agreement final where the parties are unable toconclude any agreement prior to the expiration of one year fromthe effective date of the Commission’s decision under sub-regulation (5).

(10) In the exercise of any of the functions conferredupon it by virtue of sub-regulations (1) to (9), the Commission shallhave the authority, acting on the recommendation of ECTEL, tomake such orders and issue such directions to the parties as itdeems appropriate.

31. (1) In any dispute involving an approved interconnectionagreement between parties thereto, and notwithstanding theterms of any dispute resolution procedures described in theagreement, the parties may agree to refer the dispute to theCommission for a binding resolution in accordance with suchprocedures and upon such terms and conditions as the Commssion,acting on the recommendation of ECTEL, may determine.

(2) In referring any dispute under sub-regulation (1), theparties may request the Commission to issue an interim decisionon providing interconnection, and the interim decision mayaddress prices and any other terms or conditions for interconnectionwhich the Commission, acting on the recommendation of ECTEL,may determine.

(3) A decision by the Commission under sub-regulation(1) or (2) shall be final and binding on the parties with respect tothe matters being the subject of the dispute, but shall not replace,vary or otherwise amend the provisions relating to dispute resolutioncontained in the interconnection agreement.

Disputes regardingexisting agreements.


32. Where a decision arising from a dispute resolution processmodifies the terms and conditions on which interconnection isprovided, the Commission may require a public network operatorto amend a relevant agreement in order to comply with thedecision and submit the amended agreement to the Commissionfor approval.

33. (1) At least 90 days prior to the expiration of an approvedinterconnection agreement, a public network operator shall submita revised interconnection agreement to the Commission forapproval where such an agreement is to be renewed or extended.

(2) The renewal or extension of an interconnectionagreement under sub-regulation (1) does not take effect unlessapproved by the Commission, acting on the recommendation ofECTEL.

34. If a public network operator refuses to obey any order,decision or direction by the Commission under these Regulations,the Commission may apply to a judge of the High Court for anorder compelling the public network operator to comply with theorder, decision or direction of the Commission and for such constsand other relief as the Court may allow.

35. The Commission, acting on the recommendation of ECTEL -

(a) may issue an Interconnection Code to give purposeand effect to these Regulations, setting out suchguidelines, procedures, standards and otherrequirements as the Commission may issue or specify;

(b) shall publish the Code, or parts thereof, in the Gazetteand on its website;

(c) may amend, add to or replace the Code at any time.

Amendment due todispute resolution.

Renewal ofinterconnectionagreements.

Power of referral.

Interconnection code.


36. The Telecommunications (Interconnection) Regulations2002 are hereby repealed.

Made this 14th day of April, 2009.

REGINALD AUSTRIEMinister for Telecommunications

Repeal.S.R.O. No. 6 of 2002.

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