Section 28: Interconnection agreements

28. Interconnection agreements (1) Every network licensee or public operator shall grant access to his network in accordance with this section. (2) A licensee may make a written application to a network licensee for access to its network with a copy of the application to the Authority. [Issue 1] I12 – 18 Revised Laws of Mauritius (3) (a) Where a network licensee receives an application, he shall, unless the Authority otherwise determines, negotiate the terms of an interconnection agreement with the applicant in good faith. (b) Either party to the proposed agreement may request the Authority to depute a representative to attend and assist in the negotiations. (4) (a) Subject to paragraph (b), the rates for interconnection shall be determined in accordance with any charging principles in force. (b) Where an interconnection agreement is negotiated before any charging principles have been prescribed, the agreement shall, where appropriate, be amended by the parties to comply with any charging principles that may subsequently be prescribed. (5) Where the parties to a proposed interconnection agreement are unable to agree on the terms thereof within 60 days from the date of an application under subsection (2), either party may request the Authority to act as an arbitrator in the matter. (6) An arbitration made by the Authority pursuant to subsection (5) shall be deemed to be made under and be regulated by the Code de Procédure Civile wherever applicable, subject to this Act. (7) The award by the Authority on the dispute shall— (a) be made within 60 days from the date of a request under subsection (5); and (b) specify— (i) the facilities and the network covered by the award; (ii) the extent of any network over which one party is required to carry information and communication messages including telecommunications messages to enable another party to supply services; (iii) the points of, and the technical standards for, interconnection; (iv) the rates of interconnection; (v) the effective date of the award. (8) Each party to an interconnection agreement shall supply to the Authority— (a) a copy of the agreement, and of any amendment to it, within 14 days of the execution of the agreement or amendment, as the case may be; (b) such information relating to the interconnection agreement as the Authority may require. (S. 28 came into operation on 1 June 2002.) I12 – 19 [Issue 4] Information and Communication Technologies Act