Connectivity and communication responsibilities 

(b) If a licensee requests in writing to the other licensee to negotiate a telecommunications agreement, he shall do so.

(f) No one shall be permitted to use the connection or interconnection by sub-rules (a) to (e) unless it is a licensee.

(g) Any licensee who will coordinate the connection and communication agreement as per sub-rule (a) to (f), including another person licensed by the Department in accordance with sub-rule (a), (c) and (d):

(i) interaction and communication should be coordinated as soon as possible.

(ii) the terms and conditions for rates for connecting and interacting, including quality of service and technical standards, must be fair and non-discriminatory. The rights shall not be less than those specified by the licensee or another person for a related organization or for a subordinate organization,.

(iii) the amount of interconnection capacity to meet the licensed service quality responsibilities of another licensed person, adequate quality must be met.

(iv) Anyone may not refuse to negotiate a connection agreement or an interconnection agreement, except in situations where it is technically impossible to provide connectivity and communication services.

(v) the licensee shall provide the reasonable and necessary information required by another licensed person to finalize any connection agreement or intercommunication agreement.

Principles of networking and roaming

(a) the licensee shall provide access and interconnection wherever technically possible on his network.

(b) the licensee shall not refuse to fulfill the interconnection at any point where technically possible interconnection or additional point of contact shall be required unless a reasonable engineering position or requirement for network durability has been established.

(c) networking and roaming shall be provided in accordance with the following points:

(i) to minimize the negative impact on the environment;

(ii) to increase market competition in providing telecommunications services.

(d) Terms and conditions of the Networking Agreement or Roaming Agreement submitted by a licensee for approval shall comply in accordance with the Telecommunications Law, relevant regulatory framework, an offer of a referenced connection or reference communication in connection with the licensee, and other applicable laws.

(e) In connection with the use of any accessory which may affect the networking or roaming (eg. provision of equipment space) in accordance with the sub-rule (a), (c) or (d) of Rule 4, the parties to or from such agreement shall fulfill the required connection in accordance with Rule 17, such as a market-dominated licensee.

Roaming rates

(a) Rates for telecommunication services shall be based on cost. These rates must reimburse the cost of the licensee's investment and provide a fair return on investment.

(b) The Department may use any of the internationally recognized methods, including benchmarking and cost studies, to determine whether rates are based on cost.

(c) The licensee who receives the telecommunication service shall be required to pay for the required network elements and services only in part, so the communication rates shall be adequately valued in respective sections.

(d) The costs incurred for roaming shall be borne equally by the licensee of the roaming. Unless otherwise decided by the Department, each licensee engaged in roaming is responsible for the part of the roaming link from its network to the roaming point and to the jointly constructed roaming link between the licensees. Each licensee is responsible for the cost of building the connection, which is calculated based on the expected use of the connection between the roaming users.

(e) Rates must be transparent. However, special attention must be paid to the principles governing confidential information set forth in Rule 8.

(f) The Department shall conduct regular reviews not less than once every four years to ensure that the communication rates are cost-effective.

Networking rates

(a) Rates for networking services shall be based on costs unless the Department has approved a reasonable alternative method of determining rates when negotiating a connection agreement under sub-rule (c) or (d) of Rule 4. These rates should offset the cost incurred by the licensee and provide a fair return on investment;

(b) The Department may use any of the internationally recognized methods, including benchmarking and cost studies, to determine whether networking rates are cost-effective;

(c) The licensee who receives the Networking Services shall be required to pay only part of the cost for the required network equipment and services, so the networking rates shall be adequately valued in each section.

(d) Except for the Networking Agreement negotiated under sub-rule (d) of Rule 4, the costs of the networking shall be borne by the licensee wishing to obtain such connection;

(e) The licensee shall bear the same costs for the construction of the network facilities when negotiating a connection agreement under sub-rule (d) of Rule 4;

(f) Unless the Department has not yet approved another appropriate method for setting the rate as stated in sub-rule (a) of Rule 4, costs for the construction of shared network facilities shall be based on costs in negotiating under sub-rule (c) of Rule 4.

(g) Rates must be transparent. However, special attention must be paid to the principles governing confidential information set forth in Rule 8.

(h) The Department shall, in accordance with sub-rules (c) or (d) of Rule 4, regular reviews should be made at least every four years to ensure that the rates agreed upon are in line with the relevant regulatory framework.

(c) Every licensee shall:

(i) adhere to and maintain until done and completed prior to negotiating an agreement for the use or disclosure of confidential information sent or received or stored;

(ii) apply any information submitted by another licensed person only for the purpose for which such information was transmitted;

(iii) obtain the information from another licensed person transmitted to another person. In particular, do not send to subordinates or partners or related organizations, the licensee's other departments and agencies may use the information to gain market advantage.

Coordination of use and communication shall be made in accordance with the following terms:

(a) The licensee who has been instructed to negotiate a networking or roaming agreement under sub-rule (a), (c) and (d) of Rule 4, shall make the negotiation with another licensed person within 7 days from the date of receipt of the instruction. The licensee must at least include the following:

(i) a copy of any of the licensing-related offers or licenses of the licensee;

(ii) a description of the networking or roaming services to be provided by the licensee if a referral offers are not available (this statement must include the terms and conditions).

(b) The licensee who is required to coordinate the communication agreement in accordance with sub-rule (b) of Rule 4 shall notify the respondent within 7 days from the date of receipt of the request and send a copy of the notice to the Department. The reply shall contain the provisions states that at least sub-rules (a) and (b) of Rule 10;

(c) The licensee and other licensed persons shall act in good faith in negotiating an agreement on the use or connection of the networking;

(d) The Networking or Roaming Agreement shall be negotiated within 90 days from the date of receipt of the instruction as per sub-rule (a), (C) or (d) of Rule 4. Both parties must submit to the Department to resolve this matter in accordance with the provisions of Chapter 6 of these Rules.

(e) If the request for negotiation of the Networking Agreement under sub-rule (b) of Rule 4, is not reached within 90 days from the date of receipt, the licensee requesting the negotiation may submit to the Department to resolve this matter in accordance with the provisions of Chapter 6 of these Rules.

(a) The Networking or Roaming Agreement shall contain at least the following:

(i) the effective date of the agreement, the term of the agreement, cancellation, suspension and renewal arrangements;

(ii) plans and procedures for the establishment of networking or roaming, technical standards for roaming, the quality of service guaranteed by each network, terms of cooperation for monitoring the quality of service, identification of faults and clearances;

(iii) a description of the services to be provided by each of the parties to the agreement;

(iv) the location of the points to be connected networking or used;

(v) dimensions related to interoperability testing;

(vi) treatment of intellectual property rights;

(vii) the contact information of the representatives of each organization authorized by their respective areas of expertise and the procedures for notifying them;

(viii) procedures for operation and maintenance;

(ix) rules for compensation for failure of one party to meet the agreed quality of service;

(x) procedures for making changes to the proposed network of the other party or the proposed services;

(xi) arrangements for setting service rates, billing and settlement procedures;

(xii) information to be kept as secret.

(b) The Networking Agreement shall include the following information in addition to the information contained in sub-rule (a):

(i) arrangements for number portability, if applicable;

(ii) access to basic services and other services provided by the Department, including directory assistance and SMS termination services, emergency telephone numbers, toll-free numbers, where applicable;

(iii) access to special access services, including premium rate services, where applicable;

(iv) measures to traffic.

(a) The licensees shall submit the proposed agreement or amendment agreement within 3 days from the date of receipt of the agreement on the networking or roaming or amendment of those agreements for approval by the Department.

(f) The Agreement on Networking or Roaming shall not enter into force without the approval of the Department.

(a) The parties to the networking or roaming agreement shall, if necessary, disclose all the components of the approved networking agreement or roaming agreement which is not specified by the Department as confidential.

(c) Amendment or extension to the approved Networking Agreement or Roaming Agreement shall not be effective without the approval of the Department.

(a) The termination of a networking agreement or a roaming agreement shall not be effective without the approval of the Department.

(b) If a Party to a Networking Agreement or a Roaming Agreement seeks to terminate such Agreement, it shall give at least 15 days prior to the date of termination of such agreement unless it is necessary to notify the other parties to the Agreement and the Department within a short period of time.

(c) If any of the following incidents occur in the Networking Agreement or the Roaming Agreement, in the event of all incidents, or the entire agreement, provisions must be in place to suspend all or part of the agreement:

(i) any breach or unlawful act of interference with the use or communication of any of the parties to the Agreement;

(ii) health or safety issues;

(iii) in situations where there is an unreasonable risk to the stability or security of a licensed network or services;

(iv) if the Union Government decides that the agreement needs to be terminated in the public interest.

(d) The termination of an agreement on the use or interaction of a communication shall not be effective without the approval of the Department.

(e) If a Party to a Networking Agreement or Roaming Agreement wishes to terminate the Agreement in whole or in part, it shall, at least 30 days prior to the cancellation date of such Agreement, to the other parties and the Department involved in the termination of such Agreement.

Implementing agreements

(a) The connecting period shall not exceed 30 days from the date of signing of such agreements in determining the period for implementation of the relevant process in the connection agreement or interconnection agreement.

(b) If a participant in the agreement fails to implement the agreement within the prescribed date from the date of signing the agreement in accordance with sub-rule (a) from the date of signing the agreement, appropriate efforts should be made. The Department may extend this period if all relevant documents are submitted to the Department stating that all practical measures have been taken to ensure the success of the operation. Such application must be made at least 5 days before the original deadline.

(c) The period extended by the Department for the application under sub-rule (b) shall not exceed 90 days, including the original period.

(a) All market-dominated licensees shall prepare and submit a reference communication proposal for the approval of the Department. The offer shall be in accordance with the provisions of Rule 2 and 3 and shall include provisions thereof.

(c) The market-dominated licensee, needs to prepare the reference communication proposal under this Rule, shall submit to the Department within 60 days from the date of receipt of the notification of the Department and for the approval of the regular communication contract specified by the Department.

(e) If the market-dominated license holder wishes to update an approved reference communication offer, he / she must submit the proposed update with good reason to the Department.

(g) Unless otherwise determined by the Department, only the current approved reference communication proposal shall take effect unless a revised reference communication proposal is approved.

(h) The licensee of the market-dominated license shall issue the reference communication proposal or update within 7 days from the date of approval:

(i) posting a referral proposal on its website;

(ii) in writing, by any licensee, in writing of the reference communication proposal, obtaining an electronic copy.

(a) The offer of communication shall be as detailed as possible in order to facilitate the negotiation of the contract, and shall include at least all the terms set forth in Rule 10, and shall include the following provisions if requested by another licensee:

(i) services for routing of traffic (call), session termination and session origination;

(ii) roaming links;

(iii) outbound transit;

(iv) follow-up services and implementation plans;

(v) a description of all points of interconnection for the purpose of sharing space; a description of the connection conditions;

(vi) If appropriate signaling protocols, provide a complete description of the proposed interoperability for the proposed communication, including encryption methods used for encrypting the interfaces;

(vii) Technical and pricing regulations relating to carrier selection and number portability, if applicable;

(viii) Third-party billing services that are not directly involved.

(b) The market-dominated licensee shall make every effort to comply with its terms of reference and the proposed telecommunications agreement. There is a discrepancy between the telecommunications agreement and the referral proposal, and such inconsistencies will only prevail in the terms of the telecommunication proposal, depending on the circumstances in which the parties are involved.

Responsibilities of licensees instructed to provide networking

(a) The Department shall comply pursuant to sub-rules (c) and (d) of Rule 4, the licensee may be instructed in writing to provide a reasonable connection and access to his or her network support services and network services. In particular, it may direct such situations as denying connectivity or setting unreasonable connectivity terms that could impede the emergence of sustainable market competition or harm the interests of actual users. Such instructions may include, but are not limited to, the following responsibilities:

(i) allow another licensed person to use the designated network components and accessories;

(ii) not to revoke or disrupt the access to approved network resources except with the permission of the Department;

(iii) to support sharing space or ducts, buildings, sharing of other resources, including the sharing of poles;

(iv) end-users (including roaming) services, such as roaming requirements for third parties (third party Qualifying Licensees) to provide interconnection services through the first licensee's telecommunications network to provide the necessary specialized services (end-to-end) to ensure interoperability of the inter-network services;

(v) Inter-faces required for inter-services between virtual services or virtual network services allow access to protocols or other critical technologies;

(vi) provide third party services such as leased lines for wholesale resale.

(vii) to provide access to operational support systems or other software systems required to provide fair competition in the provision of services;

(viii) to negotiate with the licensors who have requested the connection.

(b) The referral offer offered by the market-dominated licensee shall include the connection services, if necessary, include the following:

(i) connecting and using cable and telephone network equipment and related equipment, which includes communication between wires or cables, wireless or cable connections.

(ii) access to passive physical infrastructure, including pillars, buildings, ducts;

(iii) access to appropriate software systems, including operational support systems, access to number translation or similar systems;

(iv) access to connectivity systems for digital television services;

(v) access to virtual network services;

(vi) indirect use.

(d) The market-dominated licensee who shall develop the reference application in accordance with these Rules shall submit to the Department for approval within 60 days from the date of notification of the Department and the regular period specified by the Department.

(f) The market-dominated licensee shall make every effort to comply with its terms of use agreement and the terms of reference connection.

(g) The terms of the Networking Agreement and the Terms of Reference are inconsistent, and such inconsistencies shall prevail only in the context in which the Terms and Conditions apply, depending on the specific circumstances between the parties.

(k) Unless otherwise determined by the Department, only the current Approved Networking Offer is effective as long as it does not approve any revised reference network.

(l) The licensee of the market-dominated license shall issue the Offer Network or amendment within 7 days from the date of approval of the update:

(i) posting a referral offer on its website;

(ii) if requested by another licensed person, obtaining by printing a referral offer or getting an electronic copy.