(6)
red, sub-licensed
A licence is personal to the licensee and must not be assigned, transfer
or otherwise dealt with without the Commission’s written consent.
Part V— Interconnection and Access
Commercial negotiation
39.
one another for
Subject to this Act, licensees may negotiate, agree and vary agreements with
the type and amount
including
services,
other
and
interconnection of networks, access to facilities
to the licensees.
le
acceptab
mutually
of charges, in such manner and on such conditions as are
Interconnection and access by all licensees
40.
A licensee must, on written request from another licensee, promptly negotiate
an interconnection and access agreement providing for the following—
qd)
ally and
interconnection of the licensees’ communications networks at any economic
would
nection
technically feasible point of the first licensee’s network where intercon
not affect the security, performance or efficiency of the first licensee’s network;
conditions that maintain end-to-end operability to facilitate the provision of
tanding that
communications services by the second licensee to a customer notwiths
a)
b)
communications network;
the customer is directly connected to the first licensee’s
¢)
d)
e)
f)
technical,
reasonable conditions, including with respect to the timing, quality,
operational and fault handling terms;
less
conditions that do not unfairly discriminate between licensees and are no
its own
for
provides
licensee
first
the
favourable to the second licensee than those
communications services or those of its affiliates;
in a manner
access to communications facilities, networks, software and services,
licensee to
that is sufficiently unbundled, including co-location, to enable the second
cations
access the facilities that it reasonably requires in order to provide communi
services to its customers;
technical
the provision on a timely basis by each licensee of information, including
for
specifications and commercially relevant information reasonably required
s
interconnection and the operation of communications services for each licensee’
g)
customers; and
ion received from
acommitment from each licensee not to disclose or use informat
agreement for
access
and
nection
the other licensee in connection with the intercon
any purpose other than for which it was supplied.
(2)
another licensee
A licensee who enters an interconnection and access agreement with
Commission.
must lodge a copy of the interconnection and access agreement with the
Disputes between licensees
41.
days of a
If an interconnection and access agreement has not been reached within 30
Q)
e—
license
request under section (1), the Commission may, on written request by either
a)
nt including the terms
determine the terms of the interconnection and access agreeme
b)
(such as to engage an
direct the licensees to take specified action to reach agreement
comply with such
shall
s
licensee
arbitrator), by written notice to both licensees. The
contemplated by subsection 40(1); or
a direction.
20