the procedures established in Articles 35 through 38 of the Proclamation, or any
applicable Directive adopted by the Authority.
11) If the Authority does not respond to a request for approval of such tariffs within the
thirty (30)-day period, such tariffs shall be deemed approved.
12) Notwithstanding any provision in Sub-Articles 8-11 of this Article, the Authority, at
its discretion, and at any time, may initiate a proceeding to review and ensure that any
tariff for Wholesale Roaming service is, in accordance with Articles 45 and 48 of the
Proclamation, this Directive, or any applicable Directive adopted by the Authority.
18. Accounting Separation
1) Where the Authority has determined that a Wholesale Roaming service provider has
SMP in a relevant market for wholesale mobile access and call origination services, the
Wholesale Roaming provider shall keep separate accounts, as if the Wholesale
Roaming service were in fact carried out by a legally independent company, so as to
identify all elements of cost and revenue attributable to such services.
2) The Authority may, at its own discretion, adopt directives prescribing how the account
separation referred to in Sub-Article (1) of this Article shall be implemented.
PART SEVEN
DISPUTE RESOLUTION
19. Wholesale National Roaming Services Dispute Resolution
1) Any dispute between Telecommunications Operators relating to the reasonableness of
a request for Wholesale Roaming service, or where parties fail to reach an agreement
or otherwise fail to implement a Wholesale Roaming agreement, may be referred to
the Authority by either party for resolution.
2) A party requesting the Authority to resolve a dispute shall submit a written request to
the Authority not later than thirty (30) working days after the parties fail to reach an
agreement.
3) A party to a Wholesale Roaming agreement that considers the other party to be in
breach of such agreement, or to had unfairly terminated a Wholesale Roaming
agreement, may request the Authority to intervene in such dispute. Under no
circumstances shall roaming be interrupted by either party while a roaming dispute is
being resolved.
4) Following the written request, the Authority shall respond to the requesting party, not
later than ten (10) working days after receiving such request, whether it:
a) Requires additional information from the parties involved before deciding whether
to intervene or not; or
b) Has decided not to intervene and provide a written response with a justification
for not intervening; or,
c) Has decided to intervene in accordance with the procedure established in the
Authority’s Dispute Resolution Directive.
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