997
(2) Requests for new interconnection services may be notified to the Authority by the requesting party.
(3) The interconnect provider shall within 15 calendar days of the request inform the Interconnecting
Operator in writing
(a)
whether it is willing and able to supply the form of interconnection;
(b)
whether it will be able to do so within the time frames required by the interconnecting
operator; and
(c)
whether it is able to commence negotiations on the date requested.
(4) Requests for interconnection may be refused only on reasonable grounds, which shall be justified in
writing.
(5) Prior to referring a dispute as to reasonableness or inability to negotiate to the Authority for a formal
determination either party may request the Authority’s assistance in resolving the dispute through
mediation.
(6) In the event the parties cannot agree on the date upon which to commence negotiations the Authority
has the power to compel both parties to commence negotiations on an interconnection agreement on a
date prescribed by the Authority.
(7) Disputes as to the reasonableness of a request for interconnection shall be referred to the Authority for
a decision.
(8) An interconnect provider may be excused from any obligation to negotiate or enter into an
interconnection agreement if the Authority in its discretion determines that such an agreement:
(1)
is prohibited by law;
(2)
the licence issued to the interconnect provider exempts the interconnect provider from the
obligation to interconnect;
(3)
the licence issued to the interconnecting operator does not authorize the
Telecommunications services for which interconnection is requested;
(4)
the requested interconnection is technically unfeasible due to technical Specifications
required by the Authority or technical limitations inherent in the telecommunications
systems to be interconnected; or
(5)
interconnection would endanger life or safety or result in injury or harm to the interconnect
provider’s property or unreasonably impair the quality of the licensed services provided by
the interconnect provider.
(9) If a party claims, after commencement of negotiations, that another party is unwilling to negotiate or
agree on any term or condition on which interconnection is to be provided, the party may refer such issue to
the Authority for a formal decision.
(I0) Where a party or any other person alleges that there has been a contravention or failure to comply with
(a)
the provisions of the Act;
(b)
the appropriate Guidelines; or
(c)
an interconnection agreement,