FAQs

Access To Facilities And Services

Clarification on MS on Access and Registration of Access Agreements

Access Reference Document (ARD) : Should companies in the same Group prepare separate ARD or only one to represent the Group?
Who should sign the Access Agreement : Should separate Access Agreements be signed with separate entities from the same Group?
Can one licensed entity be appointed to sign an Access Agreement on behalf of the other licensed entities within the same group of companies?
Registration of Access Agreement : Should Interconnect Agreements (ICA) which are not based on the Access Regime under the Communications and Multimedia Act 1998 (CMA) be registered?
Who should register the Access Agreements?
When is the Final Date of submission to the MCMC for the purpose of registration?
What alternative action does Access Seekers have if the Access Agreement could not be concluded before 30 April 2004 due to non compliance with the MSA and unreasonable terms?
Non-Discriminatory and Non-Access List Items : Can Access Agreements which contain non-Access List items be registered?
Is an Access Provider or an Access Seeker permitted to exclude the obligation for equitable and non-discrimination provisions under section 149 (2) (b) of the CMAfor facilities and services not on the Access List?
How does the MCMC view the equitable and non-discriminatory provision of Access pursuant to section 149 (2) (b) of the CMA?
Definition of Services in the Access List and Charging Principle : What is the definition of "end user" as used in defining Private Circuit Completion Service [section 5 (7)(a)] of the Access List?
Does the Access List limit an Access Seeker from providing the PCCS to third parties licensed to provide communications services?
Are Freephone 1800 number services and 1300 number services and other similar services included under the Fixed Network Origination Service?
What is the charging principle for Freephone 1800 number services and 1300 number services?
Are Emergency, Operator Assisted (including Reverse Charge Call), International Inbound, Network Call Transit and Directory Assistance services considered as Access List items?
Are Emergency, Operator Assisted (including Reverse Charge Call) and Directory Assistance services considered as fixed network termination service?
What is the charging principle used in Emergency, Operator Assisted and Directory Assistance services?
Is the provision of equal access service prohibited within a Closed Number Area?
Forecasting, Ordering and Provisioning : Can an Access Provider require a compensation formula for cancelled orders and over forecasting or impose a penalty clause for early cancellation.
Can an Access Provider impose minimum charges over and above mitigation and resource charges as part of the penalty for cancellation orders?
Can an Access Provider impose a non refundable processing fee upon submission of a new service requested by the Access Seeker during the forecast submission?
Can forecast be requested for a period beyond one year?
Once forecast is confirmed by both parties, can the Access Provider insist that the Access Seeker pay the Access Provider in advance for the services forecasted irrespective of use?
Can parties agree that in cases of constrained capacity, the Access Seeker shall be allowed to take up capacity unwanted by another Access Seeker?
Are parties to the agreement required to provide queuing policies?
Termination and Suspension : Must approval be sought prior to any termination and/or suspension of an Access Agreement by an Access Provider?
Can the Access Provider still charge the fixed charges even after suspension of a service?
Can the Access Provider outright terminate an Access Agreement prior to the MCMC’ approval after notifying MCMC of the intention to terminate the agreement with the Access Seeker?
Must the Access Provider refund any sum to the Access Seeker on any payment made in advance if the Access Agreement is terminated with MCMC approval?
Confidentiality Information : Can an Access Seeker impose an obligation to an Access Provider to maintain confidentiality of the Access Seeker’s customers’ information?
Invoice Settlement : In the event of non-payment by an Access Seeker, can service tax be offset or deducted from the invoice?
Security Requirement : Is security deposit a necessary requirement under the MSA?
Is the Access Provider allowed to deduct the security deposit sum if the Access Seeker fails to meet payment apart from liquidation?
Technical Standard : Is there a need to incorporate adherence by Access Provider to Determination No. 4 2003 on Quality of Services on digital lease lines services in the Access Agreement?
Mandatory Standards On Access Pricing : Is cost based pricing still applicable to services listed in the Mandatory Standards on Access Pricing?
Who is eligible for Access Prices?

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