DECISION No. 12/2006/QD-BBCVT OF APRIL 26, 2006,
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.
Minister of Post and Telematics
DO TRUNG TA
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. El 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 El trunks means the rate of monthly charge
for hiring a local El 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 internetwork 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 interconnectionproviding 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 interconnectionrequesting 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 El trunks per El 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 interconnectionrequesting enterprises to pay a deposit calculated on a monthly basis but not
exceeding the monthly charge for hiring local El trunks per El trunk to be used
in the month; interconnectionrequesting enterprises shall pay the deposit for
the whole quarter to interconnection-providing enterprises before the 15th of
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 El trunks, interconnectionproviding enterprises shall have the right to retain the aforesaid deposit amount
with regard to these interconnected El trunk portals.
c/ If interconnection-providing enterprises fail to provide monthly
interconnection capacity in time, they shall, apart from having to refund
interconnectionrequesting 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 El trunk for each El
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 El trunks so as to ensure'the efficient use of
interconnected trunks. The recovery of redundant El trunks shall be effected
only upon agreement between the two parties. Interconnectionrequesting
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 El 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 the -terms of the signed
interconnection capacity provision contracts and are entitled to collect
surcharge for each additionally interconnected El trunk which, however, shall
not exceed two times the monthly charge for hiring local El 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 interconnectionrequesting 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 interconnectionproviding 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 El 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 POls.
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
Interconnection,
Public
Telecommunication
Network
and
Service
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 Dicion 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.
Minister of Post and Telematics
DO TRUNG TA