5.
Interconnection With Dominant Licensees
Introduction
5.1.
Application
5.1.1  All provisions in this section apply to Dominant Facilities-based Licensees. All provisions in this section except subsections 5.3.1-5.3.5.8 apply to Non-dominant Facilities-based Licensees and 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 Facilities-based Licensees that IDA has classified as dominant.
Over-view
5.1.2  IDA strongly encourages Licensees to enter into Interconnection Agreements through commercial negotiations. IDA recognises, however, that Dominant Licensees lack the economic and commercial incentives to enter voluntarily into Interconnection Agreements with competing Licensees. Consequently, IDA cannot rely solely on market forces to ensure that these Licensees enter into Interconnection Agreements. IDA, therefore, will take a more active role in ensuring the adoption of just, reasonable and non-discriminating Interconnection Agreements involving a Dominant Licensee.
Options for Entering into an Interconnection Agreement
5.2.A Licensee (“Requesting Licensee”) that seeks to interconnect with a Dominant Licensee may, at its option, do so pursuant to the terms of: (a) an approved Reference Interconnection Offer (“RIO”) extended by the Dominant Licensee (see subsection 5.3); (b) any existing Interconnection Agreement between the Dominant Licensee and any similarly situated Licensee (see subsection 5.4); or (c) an individualised agreement between the Dominant and Requesting Licensees (see subsection 5.5).
Option One: Interconnection Pursuant to an Approved Reference Interconnection Offer
5.3.A Requesting Licensee may obtain interconnection with a Dominant Licensee on the terms specified in the RIO developed by the Dominant Licensee and approved by IDA.
Duty to Develop a Reference Interconnection Offer
5.3.1  Within 30 days of the effective date of this Code, Dominant Licensees must submit a proposed RIO to IDA for approval.
Contents of the Offer
5.3.2  The RIO must contain a comprehensive and complete written statement of the prices, terms and conditions on which the Dominant Licensee is prepared to provide Interconnection Related Services to any Requesting Licensee. The RIO must be clearly written and must be organised in a logical and consistent manner. The RIO must include a complete technical description of the Interconnection Related Services offered, the prices, terms and conditions for such services, the procedures that will be used to order and provide such services, and the timeframes that will apply. The RIO must be modular, allowing a Requesting Licensee to purchase only those Interconnection Related Services that it wants to obtain. The RIO must be sufficiently detailed to enable a Requesting Licensee that is willing to accept its prices, terms and conditions to obtain Interconnection Related Services without having to engage in negotiations with the Dominant Licensee. If a Requesting Licensee accepts the RIO, further discussions will be limited to implementing the accepted prices, terms and conditions. Such discussions should last no more than 30 days. At a minimum, the RIO must contain the following:
(a)a list and description of the physical locations at which a Requesting Licensee may interconnect and the means by which interconnection may be achieved;
(b)a description of the physical and logical interfaces to the Dominant Licensee’s network that are necessary to allow physical interconnection and access to Unbundled Network Elements, Unbundled Network Services and Essential Support Facilities and the procedures to be used if the Dominant Licensee chooses to alter those interfaces;
(c)a description of the quality of service that the Dominant Licensee will provide — including the means by which quality of service will be measured, any short-comings corrected, and the manner in which the Requesting Licensee will be compensated for any adverse impact resulting from the Dominant Licensee’s material failure to meet the quality of service standards;
(d)a description of any operational and technical requirements that the Requesting Licensee must comply with to avoid harm to the Dominant Licensee’s network;
(e)a description of the means by which the Dominant Licensee will provide information (including call type, duration, and points of origination and termination) necessary to allow the Requesting Licensee to bill for telecommunication services that it provides to its End Users;
(f)a statement of the terms on which the Dominant Licensee will protect confidential information provided by the Requesting Licensee, and the terms on which the Dominant Licensee requires the Requesting Licensee to protect its confidential information, in connection with any Interconnection Agreement — including a description of the standards to be used to determine whether information is confidential;
(g)a description of the means by which the Dominant Licensee will work with the Requesting Licensee to enable its End Users to keep their current telephone numbers or network address if they switch to the telecommunication services provided by the Requesting Licensee;
(h)a list and description (including prices, terms and conditions) of the origination, transit and termination services that the Dominant Licensee will provide and the terms on which the Dominant Licensee and the Requesting Licensee will be compensated for such services;
(i)a list and description (including prices, terms and conditions) of the Unbundled Network Elements and Unbundled Network Services that the Dominant Licensee will provide to Facilities-based Requesting Licensees — including any modifications that the Dominant Licensee is prepared to make and the extent to which the Dominant Licensee is prepared to combine individual elements;
(j)a description (including pricing) of the means by which a Facilities-based Requesting Licensee can physically co-locate equipment within the Dominant Licensee’s network — including the locations at which physical co-location is available, the amount of space available at each location, any reasonable restrictions or procedures that the Dominant Licensee intends to impose due to space, safety or security concerns, the situations in which virtual (distant) co-location will be required and the prices, terms and conditions under which virtual co-location will be provided;
(k)a list and description (including prices, terms and conditions) of the Essential Support Facilities that the Dominant Licensee is prepared to make available to any Facilities-based Requesting Licensee;
(l)a list and description (including prices, terms and condition) of the telecommunication services offered to End Users that the Dominant Licensee will offer Facilities-based Requesting Licensees at wholesale prices;
(m)a description of the means by which a Requesting Licensee can order currently available Interconnection Related Services on an unbundled basis — including the contact person, the expected number of days from order to provisioning, the means by which provisioning will be monitored (including quality of service testing procedures), the procedures for reporting operational and technical problems, the procedures and timeframes for correcting any such problems and the means by which the Dominant Licensee will compensate the Requesting Licensee for any material adverse impact resulting from unreasonable delays;
(n)the means by which the Requesting Licensee can request additional Interconnection Related Services not currently specified in the RIO — including the timeframe, procedures, processes and standards that the Dominant Licensee will use to assess such requests;
(o)a list and description of any reasonable restrictions or conditions that the Dominant Licensee intends to impose on the terms of the offer contained in the RIO — including any situations in which capacity, technical or operational constraints will limit the ability of the Dominant Licensee to meet requests for Interconnection Related Services and any situation in which a Dominant Licensee will not offer (or will limit or condition an offer) of interconnection to a Licensee or class of Licensees;
(p)a statement regarding the duration of the proposed Interconnection Agreement, the means by which it can be amended, the impact of any change in governing law (including modifications of this Code) will have on the terms of the Interconnection Agreement and a statement that either Licensee may assign its right to performance;
(q)a provision stating that the Licensees will refer disputes regarding interconnection arising from the implementation of the Interconnection Agreement to IDA for resolution and to seek IDA’s written approval before unilaterally suspending or terminating the Interconnection Agreement; and
(r)statements that: if the RIO is accepted, the Interconnection Agreement will constitute the entire agreement between the Licensees: if any provision of the Interconnection Agreement is held to be unlawful or is required to be amended, that all other provisions of the agreement will survive; and any disputes between the Licensees will be governed by the laws of Singapore, including this Code.
Model Confidentiality Agreement
5.3.3  Within 15 days of the effective date of this Code, the Dominant Licensees must submit a Model Confidentiality Agreement. The Model Confidentiality Agreement will contain provisions, which must be no broader than necessary to protect Licensees’ legitimate commercial interests, governing preservation of proprietary or commercially sensitive information disclosed by either party during any negotiation related to the adoption of an individualised Interconnection Agreement. This must include provisions barring either Licensee from disclosing confidential information to affiliates or third parties, except to the extent necessary to adopt and implement the Interconnection Agreement under negotiation. IDA will provide 10 days for public comment and, within 21 days after submission of the proposed Model Confidentiality Agreement, will accept, reject or require modification of the proposed Model Confidentiality Agreement. The Licensee will have 7 days from the date IDA provides notification to submit a revised proposed Model Confidentiality Agreement that incorporates the modifications required by IDA. IDA will have 7 days from the date on which it receives the revised proposed Model Confidentiality Agreement to approve the Model Confidentiality Agreement or direct the Licensee to incorporate specific language. A Dominant Licensee must notify IDA and obtain IDA’s written approval before making any changes to its Model Confidentiality Agreement.
IDA Review
5.3.4  IDA will review the proposed RIO to determine whether it satisfies the Minimum Interconnection Duties specified in subsections 4.2-4.2.8 of this Code, contains all elements specified in subsection 5.3.2 of this Code, fulfils the Minimum Requirements specified in subsections 5.3.5-5.3.5.8 of this Code, and serves the public interest. IDA will promptly seek public comments regarding the proposed RIO, which must be filed within 15 days from the date on which IDA seeks comments. If IDA does not act within 30 days of the date on which it received the proposed RIO, the proposed RIO will be deemed approved unless, prior to the 30th day, IDA notifies the Licensee that it requires an additional 15 days for its review. If IDA rejects any portion of the proposed RIO, it will provide the Licensee with a written explanation of the basis for the rejection and the modifications required to bring the proposed RIO into compliance with IDA’s requirements. The Licensee will have 15 days from the date IDA provides notification to submit a revised proposed RIO that incorporates the modifications required by IDA. IDA will have 15 days from the date on which it receives the revised proposed RIO to approve the RIO or direct the Licensee to incorporate specific language. A Dominant Licensee must notify IDA and obtain IDA’s written approval before making any changes to its RIO.
Minimum Requirements of the RIO
5.3.5  In addition to the Minimum Interconnection Duties specified in subsections 4.2-4.2.8 of this Code, the RIO must satisfy the following minimum requirements:
Absolute Prohibition on Discrimination in Favour of Affiliates
(5.3.5.1)A Dominant Licensee must offer to provide all Interconnection Related-Services to a Requesting Licensee on prices, terms and conditions that are no less favourable than the prices, terms and conditions on which it provides comparable services to itself or its affiliates.
Physical Interconnection at Any Technically Feasible Location
(5.3.5.2)A Dominant Licensee must offer to allow the physical linking of facilities-based networks at any technically feasible point. The procedures governing interconnection including the minimum points of interconnection are specified in Appendix Two. Both Licensees must provide adequate capacity to meet reasonably forecast traffic flow.
Provision of Unbundled Network Elements and Unbundled Network Services
(5.3.5.3)A Dominant Licensee must offer to allow Facilities-based Requesting Licensees to lease, on an unbundled basis, those elements and services of the Dominant Licensee’s network (Unbundled Network Elements (“UNEs”) and Unbundled Network Services (“UNSs”)) that are necessary to provide a competing telecommunication service offering. The Facilities-based Requesting Licensee must be allowed to combine the UNEs and UNSs with its own facilities. IDA will consider an element or service necessary if it is technically or operationally required to provide the competing service and cannot be replicated, or obtained from any sources other than the Dominant Licensee, at commercially reasonable rates. The minimum elements and services that must be offered as UNEs and UNSs and the prices, terms and conditions at which they must be offered are specified in Appendix Two. Upon request, the Dominant Licensee must take reasonable measures to provide UNEs and UNSs in a manner that will facilitate their use by Facilities-based Requesting Licensees including conditioning, provisioning and combining the UNEs and UNSs in an efficient manner.
Provision of Essential Support Facilities
(5.3.5.4)A Dominant Licensee must offer to provide Facilities-based Requesting Licensees with access to Essential Support Facilities (“ESFs”). The minimum ESFs that must be made available and the prices, terms and conditions on which they must be offered are specified in Appendix Two.
Co-location
(5.3.5.5)A Dominant Licensee must offer to allow Facilities-based Requesting Licensees to co-locate equipment at any technically feasible location within the Dominant Licensee’s network pursuant to the following provisions, which are further elaborated in Appendix Two:
(5.3.5.5.1)Physical Co-location, Where FeasibleA Dominant Licensee must offer to allow a Facilities-based Requesting Licensee, to the extent feasible, to physically place its equipment at locations (such as the exchange or remote terminals) within, above or adjacent to the Dominant Licensee’s network. Subject to the provisions of subsection 5.3.5.5.5 of this Code, the Dominant Licensee must allow the Facilities-based Requesting Licensee to have full access (7 days per week, 24 hours per day) to, and physical control over, the equipment. If physical co-location is not feasible, due to actual space constraints or technical or operational considerations, the Dominant Licensee must allow virtual (distant) co-location, in which the Facilities-based Requesting Licensee locates its equipment in a nearby building and uses an interconnection cable to connect to the Dominant Licensee’s network.
(5.3.5.5.2)Space LimitationsA Dominant Licensee that claims that space is not available for physical co-location must verify to IDA’s satisfaction that it has taken reasonable measures to provide adequate space. This may include the re-arrangement of the Dominant Licensee’s equipment configuration to eliminate inefficiencies. The Dominant Licensee may not impose discriminatory minimum space requirements. Upon request, the Dominant Licensee must allow the Facilities-based Requesting Licensee to physically inspect any location at which the Dominant Licensee claims space is not available for co-location. Where actual space constraints exist, the Dominant Licensee must take reasonable measures to upgrade its facilities (such as conditioning additional space, optimising use of existing space, or finding adjacent space) to allow co-location of additional equipment. The Dominant Licensee must initially bear these costs, but may recover them, on a non-discriminatory and pro rata basis, from those Licensees that subsequently use the upgraded or expanded facilities.
(5.3.5.5.3)Reservation of CapacityA Dominant Licensee cannot prevent a Facilities-based Requesting Licensee from physically co-locating equipment in currently unused space by asserting that excess capacity has been “reserved” for future use. To the extent that the Dominant Licensee demonstrates that it will need to use a portion of currently unused space in order to achieve reasonably projected rates of growth over a 2 year period, the Dominant Licensee will not be required to provide physical co-location.
(5.3.5.5.4)Equipment That May be Co-locatedA Dominant Licensee must offer to allow the physical co-location of equipment designated by the Facilities-based Requesting Licensee that will enable the Facilities-based Requesting Licensee to interconnect. The Dominant Licensee must not prevent a Facilities-based Requesting Licensee from physically co-locating any piece of equipment that is customarily located in a telecommunication operator’s local exchange or other network locations (other than equipment co-located at the request of a specific end user or general purpose computing equipment not required for the operation or management of the co-located equipment). This includes “multi-functional” equipment that provides both interconnection-related and other functionality. The Dominant Licensee must allow Facilities-based Requesting Licensees to co-locate any piece of equipment that the Dominant Licensee allows any affiliate or other Licensee to co-locate.
(5.3.5.5.5)Security ProvisionsA Dominant Licensee may take reasonable and non-discriminatory measures to protect the security of its network. Such measures, however, must be no more burdensome than necessary. If the Dominant Licensee determines that it is necessary to have an escort present when employees or other representatives of another Licensee enters upon its property, the Dominant Licensee must make escort service available 7 days a week, 24 hours a day, whilst taking all reasonable actions to reduce unnecessary costs to be assumed by the Facilities-based Requesting Licensee. Dominant Licensees will not be allowed to require the use of “cages” or similar structures to physically segregate co-located equipment.
Pricing
(5.3.5.6)The prices that a Dominant Licensee offers for all Interconnection Related Services must be cost-based. Where feasible, the Dominant Licensee must use an established methodology based on incremental forward-looking economic cost (“FLEC”). This standard seeks to replicate market forces by determining what it would cost a Licensee to accommodate the needs of a new entrant using the most efficient technology and practices available. The FLEC methodology is described in Appendix One. Prices, terms and conditions on which the Dominant Licensee must offer key Interconnection Related Services are specified in Appendix Two.
Provision of Wholesale Services
(5.3.5.7)A Dominant Licensee must offer to allow Facilities-based Requesting Licensees to purchase, at wholesale rates, specific telecommunication services designated by IDA that the Dominant Licensee provides to End Users at retail rates. The services designated and the prices, terms and conditions on which they must be offered are specified in Appendix Two.
Modification and Duration of the Agreement
(5.3.5.8)The Dominant Licensee must provide that the prices, terms and conditions contained in any Interconnection Agreement arrived at by accepting the RIO will be effective for 3 years from the effective date of this Code unless either: (a) the Dominant and Requesting Licensees agree to modify their Interconnection Agreement pursuant to section 4.4.2 of this Code or (b) IDA directs the Dominant Licensee to modify any provision of its RIO, in which case the Licensees shall amend the Interconnection Agreement to conform to the modifications in the RIO.
Option Two: Interconnection Pursuant to an Existing Interconnection Agreement
5.4.A Licensee may interconnect with a Dominant Licensee on the same prices, terms and conditions that the Dominant Licensee has agreed to with another similarly situated Licensee in any Interconnection Agreement adopted following the effective date of this Code. A Services-based Licensee and a Facilities-based Licensee shall not be deemed to be similarly situated. The Interconnection Agreement between the Requesting Licensee and the Dominant Licensee will terminate on the day that the agreement that the Requesting Licensee “opted-into” terminates.
Option Three: Interconnection Pursuant to an Individualised Interconnection Agreement
5.5.A Licensee may interconnect with a Dominant Licensee pursuant to the prices, terms and conditions of an Individualised Interconnection Agreement between the 2 parties. Such agreements may be arrived at through voluntary negotiations or as the result of the Dispute Resolution Procedure specified in subsections 5.5.6-5.5.6.7 of this Code.
Duty to Negotiate in Good Faith With Any Licensee Requesting Interconnection
5.5.1  A Dominant Licensee has a duty to negotiate, in good faith, with any Requesting Licensee. The Requesting Licensee must also negotiate in good faith with the Dominant Licensee.
Negotiation Process
5.5.2  A Requesting Licensee must comply with the following procedures:
Request for Negotiation
(5.5.2.1)At any time after the effective date of this Code, the Requesting Licensee may submit to the Dominant Licensee a written request to negotiate an individualised Interconnection Agreement (“Request”). The Request will specify the forms of interconnection requested, designate a contact person and propose a time and place for initial negotiations.
Notification to IDA
(5.5.2.2)At the time it submits the Request to the Dominant Licensee, the Requesting Licensee must submit a copy of the Request to IDA.
Initiation of Negotiations
(5.5.2.3)Unless the Licensees agree otherwise, they must begin negotiations within 7 days after the submission of the Request.
Confidentiality Agreement
(5.5.2.4)The two Licensees may enter into a confidentiality agreement governing the negotiation process. If they fail to agree to a confidentiality agreement within 15 days of the receipt of the Request, both Licensees must adopt the Model Confidentiality Agreement referred to in subsection 5.3.3, if either Licensee requests to do so.
Interim Interconnection Pursuant to the RIO
5.5.3  At the time it submits its Request, the Requesting Licensee may require the Dominant Licensee to provide interconnection pursuant to the prices, terms and conditions of the RIO, pending the outcome of the requested negotiations. The Licensees shall negotiate appropriate arrangements governing the transition from the RIO to the prices, terms and conditions of their individualised agreement.
IDA Conciliation
5.5.4  Should both parties so request, IDA may provide a representative to assist the Licensees in reaching a voluntary Interconnection Agreement.
Voluntary Agreements
5.5.5  The following provisions govern the adoption of voluntary Interconnection Agreements arrived at through negotiations between the parties:
Terms of Agreement
(5.5.5.1)Dominant Licensees are free to enter into Interconnection Agreements on any mutually agreeable prices, terms and conditions, provided that they satisfy the Minimum Interconnection Duties specified in subsections 4.2-4.2.8 of this Code and do not discriminate against any other Licensee.
IDA Review
(5.5.5.2)Licensees that have entered into voluntary Interconnection Agreements with Dominant Licensees must specify that such Interconnection Agreements will be submitted to, and will not become effective until approved by, IDA. If IDA takes no action within 30 days after the agreement is submitted to it, the agreement will be deemed approved. IDA will only reject or modify a voluntary agreement if it determines that the agreement does not fulfil the Minimum Interconnection Duties specified in subsections 4.2-4.2.8 of this Code or discriminates against any other Licensee.
Agreements Arrived at Via the IDA Dispute Resolution Procedure
5.5.6  IDA recognises that, in many cases, the Dominant and Requesting Licensees will not voluntarily reach agreement regarding the Interconnection Agreement. The following provisions address this situation:
Petition for IDA Dispute Resolution
(5.5.6.1)If the Licensees fail to reach a voluntary Interconnection Agreement within 90 days of the date on which the Requesting Licensee submitted its Request, either Licensee may (but is not required to) file a petition for dispute resolution with IDA (“Petition”). (The Licensee filing the Petition shall be referred to herein as the “Petitioning Licensee.” The other Licensee shall be referred to herein as the “Responding Licensee.”) The Petition must describe, in detail, each point on which the Licensees have reached agreement and each point on which the Licensees have not reached agreement. For those points on which the Licensees disagree, the Petition must provide a clear statement of the Petitioning Licensee’s position. The Petitioning Licensee must provide a copy of the Petition to the Responding Licensee at the same time that it submits the Petition to IDA.
Response to the Request
(5.5.6.2)The Responding Licensee will have 15 days from the day on which the Petition is submitted to IDA to submit to IDA (with a copy to the Petitioning Licensee) a written response to the Petition. For each point in the Petition on which the Petitioning Licensee claims that the parties are in agreement, the response must indicate whether the Responding Licensee agrees or disagrees. If the Responding Licensee disagrees, it must provide a statement of its position. For each point in the Petition on which the Petitioning Licensee claims that the parties disagree, the Responding Licensee must provide a clear statement of the way in which its position differs from that of the Petitioning Licensee.
IDA Request for Additional Information
(5.5.6.3)IDA may request either or both Licensees to submit additional information at any time during the course of the Dispute Resolution Procedure. Any submission by one Licensee shall be made available to the other Licensee at the time it is submitted to IDA.
Binding Effect of Submissions
(5.5.6.4)The positions taken by a Licensee in its Dispute Resolution Procedure submissions made under this section shall be binding against that Licensee, unless the changes are mutually agreed to by the Licensees.
Effect of Failure to Respond
(5.5.6.5)If either Licensee fails to submit information required by this Code, or requested by IDA, IDA will base its decision on the information provided by the other Licensee or, if the other Licensee also has not submitted relevant information, on the best publicly available information.
Resolution by IDA
(5.5.6.6)IDA will use the following procedure to conduct the Dispute Resolution Procedure:
(5.5.6.6.1)Scope of the Dispute Resolution ProcedureProvided that they satisfy the Minimum Interconnection Duties contained in subsections 4.2-4.2.8 of this Code, and do not discriminate against any other Licensee, IDA will not re-open any issues on which the Licensees have reached agreement. Rather, the dispute resolution will be limited to those issues on which the 2 Licensees are unable to reach agreement.
(5.5.6.6.2)Timing of the Dispute Resolution ProcedureIDA will seek to complete the Dispute Resolution Procedure, and issue a direction resolving each of the issues presented in the Petition and specifying any further actions that the Licensees must take, within 60 days from the day on which it receives the Petition. This period will be shortened to 30 days where one of the parties is a Services-based Licensee.
(5.5.6.6.3)Standards to be AppliedAny direction resolving a dispute presented by the Licensees will require compliance with the Minimum Interconnection Duties specified in subsections 4.2-4.2.8 of this Code. To the extent that an issue in dispute is addressed by the prices, terms and conditions of the Dominant Licensee’s approved RIO, IDA will apply those provisions. To the extent that an issue in dispute is not addressed by the RIO, IDA retains full discretion to impose any solution that it deems appropriate (including solutions not advocated by either Licensee). IDA will require the parties to agree that any disputes regarding the implementation of an Interconnection Agreement arrived at through the Dispute Resolution Procedure will be referred to IDA for resolution.
Implementation of Dispute Resolution Decision by Licensees
(5.5.6.7)Within 15 days of the date on which IDA issues a dispute resolution direction, the Licensees must submit to IDA an Interconnection Agreement that complies with the direction. IDA will have 15 days to either approve the Interconnection Agreement or to direct the parties to mend the agreement by including provisions specified by IDA that fully implement its decision.
Publication of Interconnection Agreements
5.6.All Interconnection Agreements involving a Dominant Licensee adopted after the effective date of this Code will be published by IDA. However, IDA on its own motion or at the request of either of the Licensees, may withhold from publication any portion of an Interconnection Agreement if IDA determines that it contains proprietary or commercially sensitive information.
Enforcement of Agreements
5.7.In addition to the procedures specified in subsection 4.3.3 of this Code, any party to an Interconnection Agreement adopted pursuant to the RIO or pursuant to the Dispute Resolution Procedure, may refer any dispute arising out of the Interconnection Agreement to IDA. IDA, at its discretion, may impose a binding resolution on the parties.
Other Duties of Dominant Licensees
5.8.Even in the absence of an Interconnection Agreement, a Dominant Licensee has the following duties:
Duty to Allow Resale of End User Telecommunication Services
5.8.1  A Dominant Licensee must allow any other Licensee to purchase any telecommunication service that the Dominant Licensee makes available to End Users. The Dominant Licensee may not prevent the Licensee from reselling the service to other Licensees or End Users.
Duty to Allow Sales Agency
5.8.2  If a Dominant Licensee allows any other entity (whether or not affiliated) to offer a package containing a tariffed telecommunication service and other communications services or equipment by acting as a sales agent of the Dominant Licensee’s tariffed telecommunication service, the Dominant Licensee must, upon request, provide the same opportunity to any other entity on the same prices, terms and conditions.
Duty to Tariff and Make Wholesale Telecommunication Services Generally Available
5.8.3  A Dominant Licensee that chooses to offer any telecommunication service to another Licensee (including itself, a subsidiary or affiliate) on a wholesale basis must submit a tariff to IDA, and obtain IDA’s approval, prior to offering that service. The Dominant Licensee must make the service available to any similarly situated Licensee on a non-discriminatory basis.