Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 02-04-2009
PREAMBLE
WHEREAS, under Executive Order 59, all public telecommunications entities are
mandated to provide interconnection and the Commission is vested with the
power to ensure that interconnection agreements are fair, reasonable and non-
discriminatory;
WHEREAS, a Reference Access Offer contains the prices, terms and conditions,
including technical information, ordering and provisioning procedures and service
level details, of the network access that a public telecommunications carrier
proposes to provide to other service providers;
WHEREAS, under the said circular, the Commission commits to issuing more
detailed guidelines for developing Reference Access Offer;
WHEREAS, the publication of instruments similar, if not equivalent to Reference
Access Offers has helped to promote transparency of interconnection agreements,
as well as ensure their fairness, reasonableness and efficiency, in more than 70
countries around the world;
WHEREFORE, the Commission, by virtue of the powers vested upon it by law, does
hereby promulgate the following rules and regulations:
Article I
DEFINITION OF TERMS
For purposes of this Memorandum Order, the following terms and phrases shall
have the assigned meaning unless the context otherwise requires:
1. All PTEs are required to submit to the Commission a RAO for each of
the access services applicable to it that have been specified by the
Commission in the immediately following section, within ninety (90)
days from the date of effectivity of these Guidelines.
2. The prices, terms and conditions stipulated in the RAO should represent
an Access Provider’s definite offer, sufficient in substance and form so
that an Access Seeker that accepts the offer may not be refused
access.
1. The Commission shall specify the access services that must be offered
under RAO. Such determination shall be based on the Commission’s
determination of services that are vital to promoting competition in the
telecommunications market.
3. The Commission may revise, i.e., modify, expand or shorten, the above
list of access services, when it deems expedient and after due public
consultation.
2. The RAO shall have two parts: the main clauses or articles and a set of
schedules or annexures. The main clauses must be generic and
universal, i.e., they could apply to any Access Seeker. The schedules
must be specific to the requirements of the Access SeekerS.
3. The main clauses or articles of a RAO and the contents of each may
include, but are not limited to the following:
(ii) Interconnect Usage Charges: specific set-up, rental and usage charges;
(iii) Charges for use of Unbundled Network Elements (where applicable): usage
charges for specific network elements such as: access loop, remote
subscriber units (RSUs), links to RSUs, local exchanges (LEs), links to LEs,
LE transmission link, tandem exchange switch (TAX), TAX to international
gateway link, international gateway element, etc.;
vii) List of infrastructure and their respective capacity that are available for
sharing
6. The terms and conditions in the RAO must conform to the guidelines on
the technical, operational and commercial arrangements set out in
Articles IV and V of this Memorandum Circular.
7. The prices, terms and conditions in the RAO are deemed valid offers for
a period of 3 years, unless otherwise specified. The Commission may
allow a shorter offer period if it is in the long-term interest of end-users.
1. An Access Provider shall submit its proposed RAO and supporting cost
model to the Commission within 90 days from the time it is directed to do
so.
4. Within 90 days from the date the proposed RAO is received, the
Commission shall communicate in writing its decision to the concerned
carrier.
1. An Access Provider is not allowed to modify or withdraw its RAO after it has
been submitted to the Commission, unless otherwise approved upon
petition, by the Commission.
3. The terms and conditions of the access agreement that is entered into
pursuant to a RAO may not be modified or amended except by mutual
written consent of the parties concerned and with the approval of the
Commission.
1. The Commission shall publish in its website all approved RAOs. Some
portions of the RAO may however be withheld for publication on motion of
the carrier making the offer and if the Commission determines that the
pertinent portions contain proprietary or commercially sensitive
information.
2. All carriers mandated to develop RAO(s) are also obliged to publish the
same in their respective websites.
Article III
Access Agreements
3. In case some clauses in the agreement deviate from the terms and
conditions stipulated in the RAO, the agreement shall be considered a
negotiated individualized agreement between the Access Provider and
Access Seeker. The agreement must be submitted to the Commission
within ten (10) days from date of execution for approval within thirty (30)
days from date of filing.
4. The NTC shall publish on its website a list of all individualized agreements,
specifying the parties involved and services covered, that have been
approved, either directly or by lapse of the 30-day period. Any interested
Access Seeker, whether covered by an existing RAO or individualized
agreement or not, may then request the NTC for an official copy of any
such individualized agreements, and may call for a renegotiation of its
existing agreements with the Access Provider, if it deems necessary in light
of the terms of the approved individualized agreement. The Access Seeker
may also petition the NTC to intervene if renegotiation efforts fail.
Article IV
2. The terms and conditions pertaining to the establishment of POI must not
be less favorable to the Access Seeker as those provided in Articles VII and
VIII of Memorandum Circular 14-7-2000.
3. Pursuant to Executive Order No. 59, Republic Act No. 7925, the Access
Provider is required to specify as many points of presence (POPs) as
necessary to effect an efficient interconnection.
4. The RAO shall contain information about the type of traffic to be carried
across the offered POIs, type of signaling networks or standards, signaling
POIs locations, point codes, technical interface specifications and signaling
interconnection architecture.
5. The Access Provider shall publish in its website and specify in the RAO the
following information on each of the offered POI:
(i) Geographical location, address and present state, including the
type of selector (e.g., local, transition, international);
(ii) Type of equipment, location of the equipment, capacity of
selector, architecture and other information about the network
essential for interconnection;
(iii) Number of groups associated with each POI; and
(iv) Significant factors affecting the availability of POIs.
2. The timeframes specified in the RAO for the provision of additional circuits
must be consistent with Section 10.4, Article III of Memorandum Circular 9-
7-93.
3. The Access Seeker accepting the RAO shall provide information to the
access provider through a formal communication about the location of POIs
that it is requesting, traffic forecasts for each POI (in volume or data rate,
as appropriate), number of ports/connection inlets and outlets, other
facilities it may require for interconnection and time schedule.
4. Within ten (10) days from receipt of such formal communication, the
access provider shall respond to the request, either accepting or proposing
an alternative, to meet fully or partially the requirements of the access
seeker. If the access provider does not respond within 10 days, the
request is deemed accepted and the obligation of the access provider to
supply the requested facilities within the timeframe specified in the RAO,
and under the supervision of the NTC, shall commence.
6. The access provider shall bear all costs necessary to restore agreed upon
access arrangements that may have been affected by changes in its
network and facilities.
3. The RAO shall provide for how the costs of restoration shall be shared by
the Parties in cases of major network breakdown.
3. The Access Provider shall publish in its website or in its RAO an updated list
of its infrastructure, their location and capacity available for sharing.
4. The Commission may require the Access Provider to prove that physical
collocation is not technically feasible if such is not offered, and why the
alternative method of interconnection offered is the most efficient under
the circumstances.
6. Access seekers that do not use ordered infrastructure capacity within a set
timeframe may be required to return it. The access provider may impose
penalty on or seek indemnification from the Access Seeker for excess
orders.
1. Both parties are obliged to collect, store and exchange data relating to
traffic passing through their network to facilitate inter-carrier charging and
settlement.
2. The Access Provider shall stipulate the billing arrangements such as:
(i) the frequency and period when a bill or invoice is expected to be
sent to the other party;
(ii) due date of payment;
(iii) punitive interest rate to be applied on payments made after due
date; and
(iv) legal course of action of the access provider if an invoiced amount
remains outstanding after a specified time period.
Such stipulations should not be more burdensome or less favorable to
the Access Seeker as those provided in Sections 18 and 19, Article VI of
Memorandum Circular 14-7-2000.
3. The Commission reserves the right to audit the billing system of the Access
Provider when it deems necessary.
4. The Access Provider may invoice the access seeker for charges applicable
to prior billing period, provided that said charges can be reasonably
substantiated. The access provider shall have a six-month timeframe
within which it may be allowed to invoice retrospectively. In the absence
of a prior written agreement, the access seeker shall not be required to
pay for omitted charges beyond this six-month period.
4. The access provider shall stipulate reasonable and fair remedies to the
access seeker in cases of:
(i) delays in establishing a POI;
(ii) delays in supplying an interconnection service; and
(iii) any interruption in the supply of interconnection service,
measured from the time notice of interruption is served by the
access seeker to the access provider, in excess of a stipulated
permissible outage period for that service.
Further, the access provider shall stipulate procedures to enable the
access seeker avail of said remedies.
1. The access provider shall stipulate the data to be exchanged with the
access seeker and the method and format of data interchange.
2. The access provider shall stipulate in a RAO that all information generated
within its network as a result of or in connection with the supply of
interconnection service to the access seeker is the confidential information
of the access seeker. Thus, provisions in Section 9 of this Article apply on
the use and disclosure of such information.
2. The RAO shall contain liability provisions that apply to both parties, i.e.,
reciprocal. The designation of the party at fault for purposes of
determining liability must be consistent with the principle that the risk
should be placed on the party which has the greater ability to control it.
3. The access provider shall stipulate the type and amount of indemnity that
one party is entitled when it incurs a loss caused by the negligence,
intentional act or omission of the other party.
1. The access provider shall stipulate specific and valid grounds for
suspension and termination of core services, such as, for example, failure
of the access seeker to pay interconnection fees or breach of material
obligation by the access seeker.
1. The RAO shall have clear provisions in managing disputes; procedures for
resolution of disputes; selection of, and procedures for, arbitration; and
timeframes for escalation at management levels and or referral to
regulator, arbitrator or court.
3. The prices for basic interconnection service must be consistent with the
provisions of Sections 2 and 3 of this Article.
1. The Commission shall designate the three (3) years following the
effectivity date of this Memorandum Circular as a transition period to
the next phase when all interconnection charges will be benchmarked
henceforth using the cost principle of Total Service Long-run
Incremental Cost plus mark-up (TSLRIC plus). TSLRIC is based on the
difference in costs between producing a service and not producing it,
with costs reckoned in terms of current technology. A mark-up,
representing a reasonable allocation of forward-looking joint and
common costs, supplements TSLRIC to allow recovery of indirect costs.
This cost accounting will not be imposed on Access Providers until such
time that the Commission issues a detailed methodology.
2. During the transition period, the Access Provider must demonstrate
that the interconnection charges stipulated in the RAO do not exceed
the costs calculated based on the principle of Fully Distributed Cost
(FDC).
1. When the Access Provider elects to use fully distributed cost as basis
for setting access charges, it shall observe the cost accounting
methods and principles set out in this section.
Costs should be further classified as fixed, if they do not vary with the
volume of service, or variable, otherwise.
6. The Commission may request an Access Provider to change, revise or
modify its cost methodology, including the attribution method, where it
is considered that the methodology does not meet the objectives of
this Memorandum Circular.
2. Within no less than three years from the effectivity date of this
Memorandum Circular, the Commission will continue to allow the Access
Provider to include ADC among the charges it levies on the Access Seeker.
However, the amount representing ADC must be clearly indicated in the
schedule of interconnection charges.
3. The Commission may require the Access Provider imposing ADC to show
that said amount relates only to the gap between actual line costs and line
revenue, and to adjust the same if found excessive.
Article VI
EXERCISE OF REGULATORY FORBEARANCE
Section 2. The Commission may forbear from applying the provisions of this
Memorandum Circular, in whole or in part, on an enfranchised
carrier if in its determination:
(i) enforcement is not necessary to the attainment of the policy
objective, i.e., of ensuring sustainable competition through
effective competition; and
(ii) forbearance will not impede the administration of this Circular.
Section 4. The request for forbearance and the Commission’s Exemption Order
(EO) shall be made public.
Article VII
TRANSITORY PROVISIONS
Article VIII
PENALTIES FOR VIOLATION
Section 2. The Commission may revoke its approval of the access agreement
if the terms and conditions of the same are found noncompliant
with the provisions of this Circular.
Article IX
FINAL PROVISIONS
Section 1. Any portion or section of these rules which may be declared invalid
or unconstitutional shall not affect the validity of the other
remaining portions or sections.
Section 3. This Memorandum Order shall take effect fifteen (15) days following
the completion of its publication in the Official Gazette or in a
newspaper of general circulation in the Philippines; Provided, that
at least three (3) certified copies thereof be filed with the University
of the Philippines Law Center.