PART FOUR
INTERCONNECTION PROCEDURES
10. Good Faith Negotiations
1) Interconnection
agreements shall be negotiated in good faith between the
Telecommunications Operators involved, and the Interconnecting Operators shall use
reasonable endeavors to resolve all disputes relating to interconnection.
2) Negotiations in good faith implies that each negotiating party shall not:
a) Intentionally mislead the other party;
b) Coerce the other party into making an agreement that it would not otherwise have
made; and,
c) Intentionally obstruct negotiations.
3) A breach of the principle of negotiating in good faith shall include:
a) Failure to provide the other operator with all relevant information on a timely basis;
b) A demand to sign non-disclosure agreements that are coercive or unnecessarily
broad or restrictive;
c) Refusal to allow the insertion of clauses in an interconnection agreement that permit
future amendments;
d) Attempt to tie terms and conditions contained in the agreement, to the resolution of
other unrelated issues;
e) Demand charges or fees that are not cost oriented;
f) Propose unreasonable terms and conditions;
g) Actions that are intended to delay negotiations, including, but not limited to,
consistent refusal to designate a representative with authority to make binding
commitments; and,
h) Other actions that may be deemed breaches of the principle of negotiating in good
faith as determined by the Authority, from time to time.
11. Interconnection Requests
1) When a Telecommunications Operator requests interconnection with another operator,
the Interconnection Seeker shall make such request as follows:
a) In writing to the Interconnection Provider;
b) Include sufficient information, including but not limited to, the form of
interconnection, the suggested date for commencement of negotiations, the date for
which the interconnection is required, and an estimate of the interconnection
capacity required; and,
c) Inform the Authority in writing within five (5) working days of making the request.
2) Within ten (10) working days of receipt of a request for interconnection, the
Interconnection Provider shall inform the Interconnection Seeker in writing, if it is able
to:
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