of such agreement, specifying the proposed changes along with a plan to mitigate
disruptions to the Access Services provided to the Access Seekers.
PART EIGHT
FORBEARANCE
19. Request for Forbearance
1) Notwithstanding any provision in this Directive, an Access Provider may request the
Authority forbearance from a specific obligation in this Directive if:
a) The Authority has not determined that the Access Provider has SMP in a
relevant market for Access Services;
b) The Access Provider considers that, although the Authority had determined it
has SMP in a relevant market for Access Services, changes in competition in the
relevant market had eliminated any market power it may have previously had;
c) The Access Provider considers that, although the Authority had determined it
has SMP in a relevant market for Access Services, the specific conditions of
competition in a certain geographic area, warrants forbearance from those
obligations in that geographic area; or,
d) The conditions in a particular network infrastructure component or facility,
makes compliance with a specific obligation in this Directive, impractical or
unfeasible.
2) An Access Provider requesting the Authority for forbearance from any obligations
shall do so in writing and specifying which provision of this Directive it is requesting
forbearance and the reasons for such forbearance.
3) The Authority, after receiving a written request for forbearance, shall respond in not
less than thirty (30) working days, indicating whether:
a) The request is denied, providing a reasonable explanation for such denial;
b) It requires more information to evaluate the request; or,
c) It has decided to intervene to make a binding ruling in accordance with the
procedure established in Articles 34 and 36 through 38 of the Proclamation.
4) Notwithstanding Sub-Article (1) of this Article, the Authority shall allow applications
for forbearance after five (5) years from the date of issuance of new
Telecommunications Operator licenses.
5) Where the Authority grants an Access Provider forbearance from a specific
obligation in this Directive, such forbearance shall be granted for not longer than
one (1) year.
PART NINE
COLLOCATION
20. Collocation as an Element of Interconnection
1) To the extent that Collocation services are required for interconnection, the terms
and conditions for Collocation services shall be included in interconnection
agreements, the terms and conditions of which shall be in accordance with this
Directive.
12
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات