| Required Cooperation Amongst Licensees to Promote Competition |
4.1.4.1.1 All provisions in this section apply to Facilities-based Licensees. All provisions in this section except subsections 4.2.3, 4.2.4 and 4.6.5 apply to Services-based Licensees that use switching or routing equipment to provide telecommunication services to the public. In this section, the term “Licensee” refers to Facilities-based Licensees and Services-based Licensees that use switching or routing equipment to provide telecommunication services to the public. The term “Dominant Licensee” refers to a Facilities-based Licensee that IDA has classified as dominant.| 4.1.2 In order to ensure the deployment of an integrated “network of networks” that provides seamless any-to-any communications throughout Singapore, Licensees are required to co-operate with each other in the manner specified in this section. |
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| Minimum Interconnection Duties |
4.2.Licensees must fulfil the following Minimum Interconnection Duties:| Duty to Interconnect With Other Licensees |
4.2.1 Licensees have a duty to interconnect with other Licensees. Interconnection may be either direct or indirect. If neither Licensee is a Dominant Licensee, Licensees may agree to interconnect on any mutually agreeable terms, provided they comply with the Minimum Interconnection Duties specified in subsections 4.2-4.2.8 of this Code. IDA generally will not involve itself in interconnection negotiations between Non-dominant Licensees. Any agreement governing direct interconnection between Licensees shall be embodied in a written agreement (“Interconnection Agreement”).2| 2 Additional requirements applicable to Interconnection Agreements involving Dominant Licensee are contained in section 5 of this Code. |
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| Duty to Establish Compensation Agreements for the Origination, Transit and Termination of Telecommunication Traffic |
| 4.2.2 A Licensee must establish compensation arrangements with wireline Licensees that originate, transit or terminate the Licensee’s telecommunication traffic. The Licensees may enter into any mutually acceptable compensation arrangements (including bill-and-keep arrangements). |
| Duty to Provide Non-discriminatory Interconnection Quality |
| 4.2.3 Unless the parties agree otherwise, a Facilities-based Licensee that provides direct interconnection to other Licensees shall provide sufficient points of interconnection and take other measures to ensure that, on a service-by-service basis, the services that it provides to other Licensees under any Interconnection Agreement (“Interconnection Related Services”) are at least equivalent in quality to the quality that the Licensee provides to itself, its affiliates or to any other Licensee. |
| Duty to Prevent Technical Harm to the Network |
| 4.2.4 A Facilities-based Licensee that directly interconnects with another Licensee shall take reasonable measures to ensure that the interconnection does not cause physical or technical harm to the other Licensee’s network. |
| Duty to Provide Billing Information |
| 4.2.5 Unless the parties agree otherwise, a Licensee must provide to any Licensee with which it interconnects information within its possession that is necessary to allow the interconnecting Licensee to provide accurate and timely billing services to itself, its affiliates or other Licensees. |
| Duty to Preserve Confidential Information Provided by Other Licensees |
| 4.2.6 Licensees must protect from disclosure any confidential or proprietary information provided by another Licensee in the course of negotiating or implementing an Interconnection Agreement. Licensees may use such information only for the provision of the specific Interconnection Related Services requested. Licensees shall adopt appropriate procedures to ensure that the information is not used for the development or marketing of other telecommunication services or equipment by the Licensee, its affiliates or third parties. |
| Duty to Comply with Singapore Law |
| 4.2.7 All Interconnection Agreements must be governed by the laws of the Republic of Singapore. |
| Duty to Submit to IDA All Interconnection Agreements |
| 4.2.8 Licensees must submit to IDA a copy of all Interconnection Agreements into which they enter. An Interconnection Agreement between Non-dominant Licensees may provide that it will be effective upon submission to IDA. If the Licensees include such a provision, they must further provide that the Interconnection Agreement will remain effective unless IDA informs the Licensees, in writing, within 15 days of the date of submission that it rejects the agreement. Where neither party is a Dominant Licensee, IDA will not reject any Interconnection Agreement that fulfils the Minimum Interconnection Duties specified in subsections 4.2-4.2.8 of this Code. IDA will not publicly disclose such Interconnection Agreements. |
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| Enforcement of Interconnection Agreements |
4.3.Once an Interconnection Agreement becomes effective, IDA generally will not involve itself in the day-to-day implementation of the Interconnection Agreement.| 4.3.1 Licensees have a duty to co-operate, in good faith and in a commercially reasonable manner, in implementing the terms of their Interconnection Agreements, avoiding unnecessary disputes and resolving disputes promptly and fairly. |
| 4.3.2 Where Licensees are unable to resolve disputes regarding the implementation of an Interconnection Agreement, they may jointly request IDA to provide assistance in resolving the disputes. Licensees seeking conciliation must submit a joint statement describing the disputed issues and the position of each party. IDA will seek to accommodate such requests, where appropriate. IDA’s role in any conciliation procedure will be to assist the Licensees to reach a mutually acceptable solution, rather than advocating any specific position. |
| 4.3.3 Interconnection Agreements are private contracts between the Licensees. If the Licensees are unable to resolve any dispute regarding the implementation of an Interconnection Agreement, they may agree to binding arbitration or may seek relief from a court of competent jurisdiction. To the extent that the dispute turns on an interpretation of the Telecommunications Act, IDA regulations, directions or decisions, or the provisions of this Code, Licensees may ask IDA to provide an interpretation. |
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| Modification, Suspension or Termination of Interconnection Agreements by Mutual Agreement |
4.4.Whilst Interconnection Agreements will generally remain effective throughout their specified term, IDA recognises that there may be situations in which the parties will agree to modify, suspend or terminate such Interconnection Agreements. The following provisions govern modification, suspension or termination of such Interconnection Agreements:| 4.4.1 Except where imminent threats to life or property or compliance with other legal or regulatory obligations require immediate action, prior to modifying, suspending or terminating an Interconnection Agreement by mutual agreement, the Licensees must inform IDA in writing of the actions they propose to take and the reasons why they believe the action is appropriate. |
| 4.4.2 Where both Licensees agree to modify the Interconnection Agreement, the parties may agree that the modification will become effective upon notification to IDA. If the Licensees include such a provision, they must further provide that the modification will remain effective unless IDA informs the Licensees within 15 days from the date of notification that the Interconnection Agreement, as modified, no longer complies with the Minimum Interconnection Duties specified in subsections 4.2-4.2.8 of this Code and, if either Licensee is dominant, that it discriminates against any other Licensee. Where both Licensees agree to suspend or terminate the Interconnection Agreement, they may do so upon submission of notification to IDA. |
| 4.4.3 Every Interconnection Agreement must include a statement of the bases, if any, for which unilateral suspension or termination will be permitted. This can include situations where: one party has materially breached the agreement including, but not limited to, repeated failure to make required payments; one party has become insolvent; continued operation of the agreement would be unlawful; or continued operation of the agreement would pose an imminent threat to life or property. Every Interconnection Agreement must further provide that any unilateral suspension or termination, unless by operation of law, will only become effective when, and to the extent that, it is approved by IDA. |
| 4.4.4 Except where imminent threats to life or property or compliance with other legal or regulatory obligations requires immediate action, prior to unilaterally suspending or terminating an Interconnection Agreement, the Licensee that seeks to take such action must seek IDA’s written approval of the action it proposes to take and the reason why it believes such action is appropriate. Upon reviewing such proposal, IDA will provide the other Licensee, and any other interested parties, with an opportunity to submit their views regarding the proposed suspension or termination of the Interconnection Agreement. IDA will issue an order, within 45 days of the initial notification, granting or denying, in whole or in part, the request. |
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| Status of Agreements Entered Into Prior to the Effective Date of this Code |
| 4.5.Any agreement for the purpose of physically connecting telecommunication networks, exchanging telecommunication traffic and/or providing related services entered into prior to the effective date of this Code (“Pre-Code Agreement”) shall remain in force. To the extent that any Pre-Code Agreement provides that the parties will modify the Pre-Code Agreement if IDA adopts a new Code, issues a Direction, or takes any other action that alters the rights and obligations of the Licensees regarding the matters addressed by the Agreement, IDA intends that the adoption of this Code and the issuance of the accompanying direction to Licensees to comply with this Code, constitutes the requisite action. |
4.6.Even in the absence of an Interconnection Agreement, all Licensees have the following duties: | Duty to Disclose Interfaces |
| 4.6.1 A Licensee must make publicly available, in a clear format and in sufficient detail, any physical and logical interfaces of its network necessary to allow the development and deployment of telecommunication services, value-added services and telecommunication equipment that can interconnect to, and interoperate with, that Licensee’s network. A Licensee must also make publicly available, not less than 6 months prior to deployment, any changes in logical or physical interfaces that could materially affect existing interconnection arrangements. A Licensee may not disclose this information to any affiliated entity, whether licensed or not, prior to the time that the Licensee makes this information available to the public. |
| Duty to Comply With Mandatory Technical Standards |
| 4.6.2 IDA recognises the potential benefits of adoption of technical standards. IDA will consult with the telecommunication industry to determine when such technical standards should be made mandatory. Licensees must comply, within a reasonable period, with any applicable mandatory technical standard adopted by IDA or, in the absence of such technical standards, with the technical standards adopted by the International Telecommunication Union (“ITU”). In the absence of an IDA or ITU technical standard, Licensees may provide any service or deploy any equipment that: complies with a technical standard adopted by an official standards setting body; complies with an established industry specification; or has been deployed by another Licensee. |
| Duty to Facilitate Change of Service Providers |
| 4.6.3 Licensees must take any reasonable action necessary to allow an End User that chooses to obtain service from a different Licensee to do so with minimum difficulty. This includes the duty, where technically feasible, to allow the End User to retain the same telephone number or network address and to continue to receive service using the same local loop. |
| Duty to Assist in the Provision of Integrated Printed Directories and Directory Enquiry Service |
| 4.6.4 A wireline Licensee must exchange the name, address and telephone number of its End Users with other wireline Licensee for the purpose of providing integrated printed directories and directory enquiry services. Licensees must update this information periodically. Licensees may impose a one-time, cost-based charge for each listing or update. Licensees receiving this information may use it solely for the purpose of providing printed directories or directory enquiry services. In particular, Licensees receiving this information may not use this information for marketing or other competitive purposes. |
| Duty to Reject Discriminatory Preferences Regarding Support Facilities |
| 4.6.5 A Facilities-based Licensee that is affiliated, directly or indirectly, with a non-licensed entity that controls towers, ducts, conduits or similar support facilities may not request or accept access to those facilities and any related services on prices, terms and conditions that are not available to all Facilities-based Licensees. |
| Duty to Reject Discriminatory Preferences Regarding Space and Support at End User Premises |
| 4.6.6 A Licensee may not accept any special preference from a building owner or manager regarding the provision of space or support for the Licensee’s network equipment, where such preference would as a practical matter preclude additional Licensees from providing competing telecommunication service to the building occupants. In addition, a Licensee that places in the common space in a building equipment used to provide telecommunication service must, upon request from another Licensee that wants to place its equipment in the same space, take reasonable measures to allow the Licensee to share the available space, when necessary to allow the competitive provision of telecommunication services. This may include reconfiguring its equipment in a manner that optimises the use of the common space. |
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