(2) An interconnection and access agreement determined by the Commission must— a) include the provisions referred to in section (1); b) apply the interconnection and access prices or pricing principles specified in the interconnection and access rules; not provide for interconnection or access to communications facilities where interconnection or access is not technically, economically or legally feasible or would adversely affect the security, performance or efficiency of the first licensee’s network; ¢) not deny a licensee the opportunity to use its communications facilities, equipment or d) communications network for its current requirements or its reasonably anticipated requirements in the following 12 months; have regard to the best interests of users and aim to have a positive impact on competition between licensees; and e) not be inconsistent with,a reference offer approved or determined by the Commission in respect of either licensee, unless the licensees otherwise agree. f) (3) (4) 6) The Commission must consult with both licensees and provide both licensees with a draft interconnection and access agreement or a draft direction before determining the terms of the interconnection and access agreement or making the direction. A licensee may apply for a rehearing under section of the terms of any interconnection and access agreement determined by the Commission that applies to it. The Commission shal! publish copies of all interconnection and access agreements. Interconnection and access rules 42, () (2) The Commission may make interconnection and access rules specifying— a) interconnection and access prices or pricing principles (including cost methodologies, which may be by way of any internationally recognised approach) and other principles that the Commission will apply when determining — (i) di) (iii) an interconnection and access agreement under section ; a reference offer under section ; or whether to approve a reference offer under section ; b) the circumstances in which the Commission shall require a licensee to prepare and c) the manner and time in which such reference offer must be prepared and provided to d) provide a reference offer to the Commission; the Commission and then revised periodically; and the matters to be included in a reference offer for its effective implementation. The interconnection and access rules made under subsection (1) may designate mandatory services, including roaming services, which licensees must provide between interconnected communications networks and which must be included in interconnection and access agreements. 3) on Before making interconnection and access rules under subsection (2), the Commissi access shall conduct a public consultation and publish a draft of such interconnection and rules. 21

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