Decision no. 12/2006/QD-BBCVT of April 26, 2006 promulgating the regulation on interconnection between public telecommunications networks

DECISION

PROMULGATING THE REGULATION ON INTERCONNECTION BETWEEN PUBLIC  TELECOMMUNICATIONS NETWORKS

THE MINISTER OF POST AND TELEMATICS

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the Government s Decree No. 90/2002/ ND-CP of November 11, 2004, defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telematics;
Pursuant to the Government s Decree No. 160/ 2004/ND-CP of September 3, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications concerning telecommunications;
At the proposal of the director of the Telecommunications Department and the head of the Working Group for Public Telecommunications Network and Service Interconnection,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on interconnection between public telecommunications networks.

Article 2.-This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- The director of the Office, the director of the Telecommunications Department, the head of the Working Group for Public Telecommunication Network and Service Interconnection, heads of agencies and units under the Ministry, and general directors or directors of telecommunications enterprises shall have to implement this Decision.

REGULATION

ON INTERCONNECTION BETWEEN PUBLIC TELECOMMUNICATIONS NETWORKS
(Issued together with the Post and Telematics Minister s Decision No. 12/2006/QD-BBCVT of April 26, 2006)

Chapter I

GENERAL PROVISIONS

Article 1.-Scope and subjects of application

1. This Regulation provides for effecting network interconnection in order to ensure the capacity, quality and time of interconnection (hereinafter referred to as interconnection capacity for short).

2. This Regulation applies to the implementation of agreements on interconnection between the following public telecommunications networks:

a/ Fixed telecommunications networks (local, domestic long-distance and international);

b/ Mobile telecommunications networks (regional and national).

3. Subjects of application: Telecommunications enterprises.

Article 2.- Interpretation of terms

Terms used in this Regulation are construed as follows:

1. Interconnection means the physical and logical link between telecommunications networks to enable service users of a network to have access to users or services of another network and vice versa.

2. Points of interconnection (POI) mean points lying on the route interconnecting two interconnected switchboards and serving as a boundary defining the economic and technical responsibilities between two telecommunications networks of two enterprises.

3. Direction of interconnection means a route that interconnects two interconnected switchboards, including a group of trunks reserved under the agreement between two interconnecting enterprises.

4. E1 trunks mean 2048 kb/s digital trunks defined in Regulation ITU-T G.701 of the International Telecommunications Union.

5. Monthly charge for hiring local E1 trunks means the rate of monthly charge for hiring a local E1 trunk portal, issued by the Ministry of Post and Telematics.

6. Interconnection-providing enterprises mean enterprises that are requested by other enterprises to provide interconnection.

7. Interconnection-requesting enterprises mean enterprises that request other enterprises to provide interconnection.

8. Internal interconnection means interconnection between telecommunications networks of members units of a telecommunications enterprise.

9. Inter-network interconnection means interconnection between telecommunications networks of different telecommunications enterprises.

Article 3.- Principles of network interconnection:

1. Telecommunications enterprises shall plan and build their telecommunication networks, ensuring adequate spare capacity for interconnection with public telecommunications networks in accordance with the general planning on development of telecommunications networks and services and interconnection agreements signed between enterprises.

2. On the basis of interconnection agreements signed between telecommunications enterprises and registered with the Ministry of Post and Telematics according to regulations, annually, enterprises shall negotiate and sign contracts on provision of capacity for interconnection between public telecommunications networks (hereinafter referred to as interconnection capacity provision contracts) so as to effect the interconnection of telecommunications networks and services in the subsequent year.

3. When effecting interconnection between public telecommunications networks, telecommunications enterprises shall have to ensure the interconnection capacity as agreed upon in interconnection capacity provision contracts and non-discrimination between internal interconnection and inter-network interconnection.

4. The reporting on, and consideration and settlement of disputes related to, interconnection
between interconnecting enterprises shall comply with the provisions of this Regulation and other relevant provisions of law.

Chapter II

ENSURING INTERCONNECTION CAPACITY

Article 4.-Interconnection capacity plans Annually, interconnection-requesting enterprises shall make and send their interconnection capacity plan for the subsequent year to interconnection-providing enterprises before January 31 for use as a basis for the latter to elaborate investment plans in service of interconnection. An annual interconnection capacity plan should specify the time and capacity of interconnection for each direction of interconnection and position of interconnection by month and by quarter. Methods of calculation of total interconnection capacity are described in Appendix No. 5 (not printed herein).

Article 5.-Interconnection capacity provision contracts

1. Interconnection capacity provision contract means a contract negotiated and signed annually by two interconnecting enterprises under current legal provisions on contracts. Such a contract shall serve as a basis for interconnection between telecommunications networks of two enterprises. Apart from the contents required by the law on contracts, interconnection capacity provision contracts must also include the following contents: interconnection capacity provision plans; technical and professional procedures as well as economic mechanisms for the implementation of the plans.

2. Principles of signing interconnection capacity provision contracts

a/ The assurance of interconnection capacity shall be agreed upon by interconnecting enterprises in accordance  with  the   principles  of network interconnection defined at Point 3 of this Regulation.

b/ Where enterprises cannot reach an agreement, they shall apply the provisions of Chapter II of this Regulation to the signing of interconnection capacity provision contracts.

3. Enterprises shall sign interconnection capacity provision contracts on the basis of interconnection capacity plans already agreed and, at the same time, report thereon to the Ministry of Post and Telematics for overseeing and supervision of interconnection by enterprises. Interconnection capacity provision contracts must be signed before May 31 every year.

4. The planned interconnection capacity stated in interconnection capacity provision contracts may be adjusted once before November 31 every year for the subsequent year. This adjustment shall be made as an appendix to the interconnection capacity provision contracts. The planned interconnection capacity in the signed interconnection capacity provision contracts may be adjusted by up to 30%. If interconnection-requesting enterprises adjust the interconnection capacity of each POI by more than 30% as compared with the planned level stated in the interconnection capacity provision contracts, interconnection-providing enterprises may ask interconnection-requesting enterprises to pay an additional charge for such adjustment, which shall not exceed the monthly charge for hiring local E1 trunks per E1 trunk for which interconnection capacity is adjusted by more than 30%.

Article 6.- Ensuring interconnection capacity specified in the contractual plans

1. In the course of interconnection, if interconnection-requesting enterprises propose to expand interconnection capacity in accordance with the interconnection capacity plan in the month for each point of interconnection specified in the contracts, interconnection-providing enterprises shall have to provide interconnection capacity immediately.

2. Deposit for ensuring the provision of interconnection capacity:

a/ Interconnection-providing enterprises may request interconnection-requesting enterprises to pay a deposit calculated on a monthly basis but not exceeding the monthly charge for hiring local E1 trunks per E1 trunk to be used in the month; interconnection-requesting enterprises shall pay the deposit for the whole quarter to interconnection-providing enterprises before the 15^thof the first month of the quarter.

b/ Interconnection charge amounts shall be subtracted from the deposited amounts as payment to interconnection-providing enterprises. Monthly, upon payment of interconnection charges, if the charge amount to be paid by interconnection-requesting enterprises to interconnection-providing enterprises is lower than the monthly charge for hiring local E1 trunks, interconnection-providing enterprises shall have the right to retain the aforesaid deposit amount with regard to these interconnected E1 trunk portals.

c/ If interconnection-providing enterprises fail to provide monthly interconnection capacity in time, they shall, apart from having to refund interconnection-requesting enterprises the deposited amount together with an amount equal thereto, have to pay a fine for breach of contract as agreed upon.

3. Fines for contract breach:

Where interconnection-providing enterprises fail to provide monthly interconnection capacity in time, interconnection-requesting enterprises may impose on interconnection-providing enterprises a fine for breach of contract, which shall not exceed the monthly charge for hiring local E1 trunk for each E1 trunk that has failed to provide interconnection capacity in time.

4. In the course of ensuring interconnection capacity under contracts, based on Appendix 2, if deeming that interconnected trunks are used inefficiently, interconnection-providing enterprises may require interconnection-requesting enterprises to recover redundant E1 trunks so as to ensure the efficient use of interconnected trunks. The recovery of redundant E1 trunks shall be effected only upon agreement between the two parties. Interconnection-requesting enterprises may continue using redundant trunks but must make additional monthly payments for each redundant trunk, which shall not exceed the monthly charge for hiring local E1 trunks, to interconnection-providing enterprises.

Article 7.-Expanding interconnection capacity beyond contractual plans

1. Where expand interconnection capacity needs to be expanded beyond the interconnection capacity planned for the month for each POI in order to avoid network congestion and if the interconnected switchboards are still capable of providing more interconnection capacity, interconnection-providing enterprises shall have to expand interconnection capacity within 10 working days after receiving written requests therefor in accordance with theterms of the signed interconnection capacity provision contracts and are entitled to collect surcharge for each additionally interconnected E1 trunk which, however, shall not exceed two times the monthly charge for hiring local E1 trunks.

2. Where interconnection congestion occurs and two enterprises fail to negotiate on matters related to the expansion of interconnection capacity beyond the monthly plan for each POI at the request of interconnection-requesting enterprises, the order, procedures and schedule for settlement shall be as follows:

a/ Interconnection-requesting enterprises shall send written requests to the Working Group for Public Telecommunications   Network   and    Service Interconnection (hereinafter referred to as the interconnection group for short) and interconnection-providing enterprises. A written request contains the following information:

i/ Data proving the congestion and grounds for determining the capacity to be expanded;

ii/ Planned date of commencement of capacity expansion;

iii/ Other requests related to the unexpected capacity expansion;

b/ The interconnection group shall request interconnection-providing enterprises to report their capability in response to the unexpected expansion of interconnection capacity at the request of interconnection-requesting enterprises within 5 working days after receiving the written request of the interconnection group. A written reply contains the following information:

i/Available capacity on each direction;

ii/The planned date of commencement of capacity expansion;

iii/ Other requests related to the unexpected capacity expansion.

c/ On the basis of two enterprises reports, the interconnection group shall consider and assess the interconnection congestion according to criteria defined in Appendix 1 (not printed herein) and the capability of interconnected switchboards according to criteria defined in Appendix 2 (not printed herein). If interconnection congestion occurs and switchboards are capable of providing additional interconnection capacity, the interconnection group shall decide on the rearrangement of redundant E1 trunk portals so as to provide additional interconnection capacity for other directions in order to ensure the efficient use of interconnected trunks.

Article 8.-Ensuring interconnection quality

1. The quality of inter-network interconnection must be comparable to the quality of internal interconnection and up to the branch standards on service quality.

2. While ensuring interconnection capacity, enterprises shall have to reach agreements on
ensuring signal capacity and transmission quality to enable the flow of telecommunications services through POIs.

Chapter III

REPORTING ON INTERCONNECTION

Article 9.-Reporting on interconnection

1. Quarterly and annually, telecommunications enterprises shall send to the interconnection group reports on the performance of interconnection capacity provision contracts, made according to the form defined in Appendix 3 (not printed herein).

2. In case of interconnection congestion, telecommunication enterprises shall report to the interconnection group on the state of interconnection on the congested direction of interconnection.

3. At the request of the interconnection group, telecommunications enterprises shall report to the interconnection group on the state of interconnection at the congested direction of interconnection or at the concerned points of interconnection as well as other data recorded at interconnected switchboards so as to determine the possibility of interconnection congestion. The form of irregular reports on the possibility of interconnection congestion between points of direct interconnection is provided in Appendix 4 (not printed herein).

4. Telecommunications enterprises shall bear responsibility for the accuracy and timeliness of the contents and data in their reports. In case of necessity, telecommunications enterprises shall have to prove the accuracy of the reported data if so requested by the interconnection group, assign technical experts and supply necessary equipment and facilities for the interconnection group to verify the data in their reports.

Chapter IV

SETTLEMENT OF DISPUTES RELATED TO INTERCONNECTION

Article 10.-Contents   of   disputes   over interconnection

1. Disputes over the registration of interconnection capacity plans;

2. Disputes over the conclusion of interconnection capacity provision contracts;

3. Disputes over the adjustment of interconnection capacity plans;

4. Disputes over the expansion of interconnection capacity;

5. Other disputes in the course of interconnection.

Article 11.-Order and procedures for dispute settlement

1. A dossier of request for dispute settlement addressed to the interconnection group comprises:

a/ A written request for dispute settlement;

b/ Economic and technical evidences and documents;

c/ Proposals (if any).

2. Dossiers of request for dispute settlement should be addressed to:

The Group for Public Telecommunication Network and Service Interconnection,

The Ministry of Post and Telematics, 18 Nguyen Du street, Hanoi.

Telephone: +84.4.943.6608 Fax: +84.4.943.660.7.

3. The procedures for settlement of disputes related to interconnection

a/The interconnection group shall decide to settle disputes or refuse to settle disputes within 10 working days after receiving enterprises valid complaint dossiers or written requests for dispute settlement.

b/ Where the contents of dossiers of request for dispute settlement fall beyond the competence of the interconnection group, it shall reply enterprises in writing, clearly stating the reason and providing instructions (if any).

c/ In case of deciding to settle disputes, the interconnection group shall settle disputes in the following steps:

Step 1: To verify the validity and contents of the dossier of request for dispute settlement; in case of necessity, the interconnection group shall set up working teams to inspect and investigate the dispute contents; conduct field measurement to assess and identify the reasons for disputes over interconnection. Interconnecting enterprises shall have to create favorable conditions, provide data, equipment and facilities at the request of the interconnection group, and assign technical experts to join in the inspection teams if so requested.

Step 2: The interconnection group organizes consultations between involved parties;

Step 3: The interconnection group issues a dispute settlement notice or decision;

Step 4: Enterprises shall comply with the contents of the dispute settlement notice or decision.

4. If enterprises disagree with the contents of the interconnection group s dispute settlement notice or decision, they may file further requests for the dispute settlement or lodge petitions to the Minister of Post and Telematics for consideration and settlement. While filing further requests for dispute settlement and pending the dispute settlement, involved parties shall have to comply with the interconnection group s dispute settlement decision.

Chapter V

IMPLEMENTATION PROVISIONS

Article 12.-Implementation effect and organization of implementation

1. This Decision takes effect 15 days after its publication in "CONG BAO."

2. Any difficulties and problems arising in the course of implementation should be reported promptly to the Ministry of Post and Telematics for consideration, guidance and settlement.