Users mean service consumers and service
Essential facilities mean facilities of a public
telecommunications transport network or service that
(a) are exclusively or predominantly provided by a
single or limited number of suppliers; and
(b) cannot feasibly be economically or technically
substituted in order to provide a service.
A major supplier is a supplier which has the ability
to materially affect the terms of participation (having regard to price and supply) in the
relevant market for basic telecommunications services as a result of:
(a) control over essential facilities;
(b) use of its position in the market.
Competitive safeguards Back to Top
1.1 Prevention of anti-competitive practices in
Appropriate measures shall be maintained for the
purpose of preventing suppliers who, alone or together, are a major supplier from engaging
in or continuing anti-competitive practices.
The anti-competitive practices referred to above
shall include in particular:
(a) engaging in anti-competitive
(b) using information obtained from competitors with
anti-competitive results; and
(c) not making available to other services suppliers
on a timely basis technical information about essential facilities and commercially
relevant information which are necessary for them to provide services.
Back to Top
2.1 This section applies to linking with suppliers
providing public telecommunications transport networks or services in order to allow the
users of one supplier to communicate with users of another supplier and to access
services provided by another supplier, where specific commitments are undertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be
ensured at any technically feasible point in the network. Such interconnection is
(a) under non-discriminatory terms, conditions
(including technical standards and specifications) and rates and of a quality no less
favourable than that provided for its own like services or for like services of
non-affiliated service suppliers or for its subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and
specifications) and cost-oriented rates that are transparent, reasonable, having regard to
economic feasibility, and sufficiently unbundled so that the supplier need not pay for
network components or facilities that it does not require for the service to be
(c) upon request, at points in addition to the network termination points offered to the
majority of users, subject to charges that reflect the cost of construction of necessary
2.3 Public availability of the procedures for
The procedures applicable for interconnection to a
major supplier will be made publicly available.
2.4 Transparency of interconnection
It is ensured that a major supplier will make
publicly available either its interconnection agreements or a reference interconnection
2.5 Interconnection: dispute settlement
A service supplier requesting interconnection with a
major supplier will have recourse, either:
(a) at any time or
(b) after a reasonable period of time which has been made publicly known
to an independent domestic body, which may be a
regulatory body as referred to in paragraph 5 below, to resolve disputes regarding
appropriate terms, conditions and rates for interconnection within a reasonable period of
time, to the extent that these have not been established previously.
3. Universal service
Back to Top
Any Member has the right to define the kind of
universal service obligation it wishes to maintain. Such obligations will not be
regarded as anti-competitive per se, provided they are administered in a transparent,
non-discriminatory and competitively neutral manner and are not more burdensome than
necessary for the kind of universal service defined by the Member.
4. Public availability of licensing criteria Back to Top
Where a licence is required, the following will be
made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a
decision concerning an application for a licence and
(b) the terms and conditions of individual licences.
The reasons for the denial of a licence will be made known to the applicant upon
5. Independent regulators Back to Top
The regulatory body is separate from, and not
accountable to, any supplier of basic telecommunications services. The decisions of and
the procedures used by regulators shall be impartial with respect to all market
6. Allocation and use of scarce resources Back to Top
Any procedures for the allocation and use of scarce
resources, including frequencies, numbers and rights of way, will be carried out in an
objective, timely, transparent and non-discriminatory manner. The current state of
allocated frequency bands will be made publicly available, but detailed identification of
frequencies allocated for specific government uses is not required.