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By Darwin G. Amojelar, Reporter
THE National Telecommunications Commission (NTC)
will issue new rules designed to curb anti-competition practices.
The proposed circular on so-called reference
access offers (RAO) will be the new template on interconnection
agreements spelling out the prices, terms and conditions a public
telephone entity would offer another telecom company or value-added
service provider for access to its network, facilities, systems or
customer base.
The NTC said an effective and efficient
interconnection is key to sustainable competition in the industry.
The regulator said technological changes,
expansion of market boundaries and the emergence of new services and
business practices underscore the need for new and more substantive
rules for access to and interconnection of networks.
Interconnection refers to the linkage, by wire,
radio, satellite or other means, of two or more existing telecom
carriers or operators to allow their subscribers to access or reach
each other.
“A regulatory framework to ensure that markets
function effectively for interconnection agreements to be fair,
reasonable and non-discriminatory is in the best interest of
consumers,” the NTC said.
The regulator said the greater transparency in
access arrangements will reduce access-related disputes and protect
non-dominant service providers against discrimination and abuse of
market power by their more dominant rivals.
Under the draft circular, all telcos are
required to submit to the NTC a RAO for each of the access services
applicable to it that have been specified by the regulator within 90
days from the date of effectivity of the circular.
“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,” the circular said.
The circular said the access services that must
be offered under RAO includes fixed and mobile network termination
service, mobile internet, broadband access services, mobile data
termination service, among others.
The NTC said that an access provider is not
allowed to modify or withdraw its RAO after it has been submitted to
the regulator, unless otherwise approved upon petition, by the same.
“Any access agreement adopted pursuant to an
approved RAO may not be terminated by an access provider prior to
the end of the period at which the RAO is valid, without the
approval of the Commission,” the NTC said.
The regulator said 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 NTC.
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