34
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
such as subscriber numbers, databases, signalling systems and information sufficient
for billing and collection or used in the transmission, routing or other provision of
telecommunications services.
Interconnection
49.
(1)
In accordance with the terms and requirements prescribed by
the Authority after a rule-making procedure, all carriers must allow any other carrier to
interconnect its network with that of the former carrier for the purpose of the transport
and termination of telecommunications and information.
(2)
A carrier may impose reasonable charges on a requesting carrier for
interconnection which charges must be limited to the costs provided for in this section.
(3)
If a carrier agrees to provide interconnection as contemplated in this
section, the charges and all other material terms of that interconnection agreement must
be contained in a written agreement.
(4)
approval –
All interconnection agreements must be submitted to the Authority for
(a)
within 90 days from the date of commencement of this Act, in the case
of agreements concluded before the commencement of this Act;
(b)
within 30 days from the concluding of the agreement in the case of
agreements concluded after the commencement of this Act.
(5)
Unless the parties agree on a later date, an interconnection agreement
comes into operation on the date on which it is filed with the Authority.
(6)
The Authority must approve or disapprove an interconnection
agreement within 120 days from the date of filing thereof and may on its own motion
act under subsection (7) or allow the parties such an additional period as it thinks fit to
conclude an agreement, subject to such determination as it thinks fit.
(7)
If carriers fail to agree on terms of interconnection within a reasonable
period (which may be specified by the Authority), one or both of the parties may request
that the Authority determines terms of interconnection in accordance with this section.
(8)
A carrier who is dominant in respect of any services relating to the
request for interconnection must allow such interconnection at any technically feasible
point within its network and such interconnection must be accomplished without
unreasonable interruption of service to existing users.
(9)
The quality of the interconnection must be at least equal to that provided
by a carrier to itself, or any affiliate, or any other party to which interconnection is
provided.
(10)
The burden of demonstrating the reasonableness of a disputed practice
rests solely on the carrier responsible for implementing interconnection.
(11)
In resolving any disputes concerning interconnection, the Authority
must subject to subsection (12) and (13), adhere to the following principles –