1. When are the prices in the Commission Determination on the Mandatory Standard on Access Pricing, etermination No. 1 of 2017 applicable?
The Commission Determination on the Mandatory Standard on Access Pricing, Determination No. 1 of 2017 which sets the prices from 2018 to 2020 came into effect on 1 January 2018. Hence, the prices of all the Facilities and Services listed in the Determination apply to Access Providers and Access Seekers beginning from 1 January 2018.
If parties acquire new Facilities and/or Services when negotiating an Access Agreement, the access prices in the Determination will apply with immediate effect.
However, if the Facilities and/or Services are already acquired via a commercial agreement or an Access Agreement, the prices in the Determination will apply retrospectively. Nevertheless, this requires both parties to enter into an Access Agreement. Unless otherwise agreed in the Access Agreement, the prices are applicable from the point when a complete Access Request has been submitted by the Access Seeker and the Access Provider has accepted the Access Request.
2. What are the prices applicable to?
The prices in the Commission Determination on the Mandatory Standard on Access Pricing, Determination No. 1 of 2017 are only applicable to the Facilities and Services listed in the Determination. The rates are not applicable to international services such as International Direct Dialing or International terminating circuits, which can be commercially negotiated.
3. In negotiating an Access Agreement, can an Access Provider increase the price or provide worse terms and conditions for the same Facility and Service as compared to those in a previous Access Agreement or commercial agreement?
No. The negotiation of commercial, technical or other terms and conditions in an Access Agreement should not place the Access Seeker in a worse-off position vis-à-vis its previous Access Agreement or commercial agreement. However, no worse-off does not prevent the Access Seeker from requesting for superior or inferior terms and conditions than previously acquired, and these terms and conditions are subject to commercial negotiation between both parties.
4. Can an Access Provider increase the charges for certain components of Facilities and Services in the Commission Determination on the Mandatory Standard on Access Pricing, Determination No. 1 of 2017 that are not price regulated?
For the Facilities and Services listed in the Commission Determination on the Mandatory Standard on Access Pricing, Determination No. 1 of 2017 where certain components are not price regulated, it is not reasonable for prices to increase when an Access Seeker migrates from a previous Access Agreement or a commercial agreement to an Access Agreement. The Access Seeker should not be placed in a worse-off position. However, in the event there is any price increase, the basis for the increase should be reasonable and the price should be subject to commercial negotiation between the parties.
5. For regulated Facilities and Services in the Access List, can an Access Provider offer more inferior technical parameters such as Quality of Service or restoration timeframes vis-à-vis those previously offered in an Access Agreement or commercial agreement on the basis of providing the prices specified in Commission Determination on the Mandatory Standard on Access Pricing, Determination No. 1 of 2017?
No. At a minimum, the Access Provider must offer the Facilities and Services in the Access List with the technical parameters including Quality of Service and restoration timeframes to allow Access Seekers to comply with any applicable Mandatory Standards. In the event the technical parameters including Quality of Service and restoration timeframes are not specified for a particular Facility and Service in any applicable Mandatory Standard, it is not reasonable for these parameters to be inferior to that which was previously offered. Access Seekers should not be placed in a worse-off position when they migrate from a previous Access Agreement or a commercial agreement to an Access Agreement.
However, if the Access Seeker requests for a change in technology or other additional services that results in inferior (or superior) technical parameters than in its previous commercial agreement, the parties should mutually negotiate these parameters in the Access Agreement, bearing in mind compliance to relevant Mandatory Standards, if any.
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