14. Reference Infrastructure Sharing Offer (RISO)
1) A RISO shall adhere to, and incorporate the general principles for Access
Agreements, in accordance to Article 6 of this Directive, and the provisions set forth
in this Directive.
2) All Telecommunications Operators which the Authority has determined to have
SMP in one or more markets for Access Services shall file a RISO with the Authority
for approval. A RISO shall be filed not later than thirty (30) working days after being
directed to do so by the Authority.
3) The Authority shall have not more than twenty (20) working days to review a
proposed RISO and decide whether it shall approve it for publication, or intervene
to change the terms and conditions of a proposed RISO. If the Authority does not
reject the request for approval, or intervene to change the proposed RISO within the
twenty (20) working days period, a proposed RISO shall be deemed approved.
4) An approved RISO remains in effect until a modified RISO is approved, unless
otherwise determined by the Authority. An approved RISO shall be published on the
Authority’s website.
5) An Access Provider with an approved RISO shall file an amended RISO with the
Authority for approval.
6) The Authority shall, within ten (10) working days, review a modified RISO and
decide whether it shall approve it for publication. If the Authority does not reject the
request for approval, or does not intervene to order changes to a filed modified
RISO within the ten (10) working day period, a modified RISO shall be deemed
approved.
7) The Authority may intervene to order modifications to the terms and conditions of a
filed or approved RISO, at its own discretion, or following a request from a
Telecommunications Operator, if:
a) A RISO or any provision thereof, is inconsistent with provisions in the
Proclamation, this Directive, or any applicable Directive adopted by the
Authority, or,
b) The Authority considers that it is in the public interest for it to intervene.
8) If the Authority decides to intervene to order changes to a filed, or approved RISO,
it shall determine the appropriate modifications in a transparent manner, in
accordance with Articles 36 and 37 of the Proclamation, and adhere to the following
procedure:
a) Issue a Public Notice, informing interested parties that it is initiating a regulatory
proceeding to order amendments to a RISO. The Notice shall be accompanied
by a clear statement indicating which provision in the RISO, and why, is either:
i). Inconsistent with provisions in the Proclamation;
ii). Inconsistent with provisions in this Directive;
iii). Inconsistent with provisions in any applicable Directive adopted by the
Authority; or,
iv). Not in the public interest.
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