2005, No.20
Telecommunications Act 2005
121
(c)
misleading or coercing a party into reaching an
agreement the party would not otherwise have
made;
(d) interfering in any way with a service provider‟s
ability to communicate with the Regulator,
including having a service provider sign a nondisclosure agreement that preludes the service
provider from providing information requested
by the Regulator; or
(e) refusing to permit amendment of the interconnection
agreement to take into account changes in
circumstances, including changes to this Act, a
regulation or rule.
(3) Where the Regulator has not made an order otherwise, a
service provider shall not be required to enter into an
interconnection agreement on terms that would, in the service
provider‟s reasonable opinion:
(a) cause or be likely to cause material danger, damage
or injury to any person or to any property;
(b) cause material damage or otherwise interfere with
the operation of the service provider‟s facilities
or the provision of the service provider‟s
telecommunication services; or
(c) not be reasonable, having regard to technical or
economic constraints.
(4) Service providers and other interested parties may at
any time request the Regulator to issue an order that clarifies or
interprets the interconnection rights or obligations set out in this
Act, a regulation, rule or order.
34.
Interconnection
by
Dominant
Service
Providers-(1) Sections 35, 36, 37 and 38 apply only to service
providers that the Regulator has designated as dominant service
providers for interconnection purposes in one or more
telecommunications markets.
(2) The Regulator may issue an order to designate a service
provider as being a dominant service provider for
interconnection purposes in one or more telecommunications
markets if the Regulator considers that: