{"kind":"expression","expression":{"expr_id":"737","doc_id":"737","label":"SL 7 of 2003","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/2003\/7\/eng@2003-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/2003\/7\", \"expression\": \"\/akn\/ky\/act\/sl\/2003\/7\/eng@2003-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/2003\/7\/eng@2003-01-01.pdf\"}, \"pdf\": {\"md5\": \"7406ea11709e1ceb5e297dc6dcbd3534\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2003\/2003-0007\/2003-0007_SL 7 of 2003.pdf\", \"pages\": 19, \"filename\": \"2003-0007_SL 7 of 2003.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 5300, \"paragraph_count\": 31, \"text_char_count\": 38619}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Information and Communications Technology Authority Law INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY (INTERCONNECTION AND INFRASTRUCTURE SHARING) REGULATIONS, 2003 (SL 10 of 2003) SL 10 of 2003 PUBLISHING DETAILS Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 Arrangement of Regulations SL 10 of 2003 Information and Communications Technology Authority Law INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY (INTERCONNECTION AND INFRASTRUCTURE SHARING) REGULATIONS, 2003 (SL 10 of 2003) Arrangement of Regulations Regulation 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Arrangement of Regulations Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 SL 10 of 2003 21. 22. 23. 24. 25. 26. 27. 28. 29.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 Regulation 1 SL 10 of 2003 Information and Communications Technology Authority Law INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY (INTERCONNECTION AND INFRASTRUCTURE SHARING) REGULATIONS, 2003 (SL 10 of 2003) The Governor in Cabinet, in exercise of the powers conferred on by section 70 of the Information and Communications Technology Authority Law, 2002, makes the following regulations \u2014\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation 1. These regulations may be cited as the Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In these regulations \u2014 \u201ccalling line identification\u201d means the signalling data generated over an ICT network that identifies the calling number; \u201cConfidentiality Regulations\u201d means the Information and Communications Technology Authority (Confidentiality) Regulations, 2003; \u201cDispute Resolution Regulations\u201d means the Information and Communications Technology Authority (Dispute Resolution) Regulations, 2003; Regulation 3 Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 SL 10 of 2003 \u201cICT network licence\u201d means a licence issued by the Authority for the right to own and obligation to operate an ICT network for which a licence is required pursuant to section 23 of the Law; \u201cICT service licence\u201d means a licence issued by the Authority for the right and obligation to operate an ICT service for which a licence is required pursuant to section 23 of the Law; \u201cICTA regulations\u201d means any regulations made under the Law either by the Governor in Cabinet or by the Authority; \u201cinfrastructure sharing\u201d means the provision to licensees of access to tangibles used in connection with a public ICT network or intangibles facilitating the utilisation of a public ICT network; and for the avoidance of doubt \u2014 (a) tangibles include lines, cables or wires (whether fibre optic or other), equipment, apparatus, towers, masts, tunnels, ducts, risers, holes, pits, poles, landing stations, huts, lands, buildings or facilities; and (b) intangibles include agreements, arrangements, licences, franchises, rights of way, easements and other such interests. \u201cinterconnection\u201d means the physical or logical connection of public ICT networks of different ICT network providers; \u201clegal framework document\u201d means a document containing the nontechnically specific portion of a proposed draft interconnection agreement; \u201clicensee\u201d has the same meaning as in the Law subject to the limitation in regulation 3; \u201crequest\u201d means a formal application for interconnection or infrastructure sharing; \u201crequestor\u201d means a licensee who makes a request for interconnection or infrastructure sharing from another licensee; \u201cresponder\u201d means a licensee to whom a request for interconnection or infrastructure sharing has been made; and \u201cthe Law\u201d means the Information and Communications Technology Authority Law, 2002;\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Application of regulations 3. In these regulations, the word \u201clicensee\u201d refers only to licensees under the Law that hold licences for major public ICT networks as prescribed in the notice gazetted pursuant to section 23(2) of the Law. Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 Regulation 4 SL 10 of 2003\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Provision of interconnection and infrastructure sharing 4. (1) In accordance with the provisions of section 44 of the Law, a licensee shall not refuse, obstruct or in any way impede another licensee in the making of any interconnection or infrastructure sharing arrangement. (2) A requestor or responder shall not negotiate or propose to enter into an interconnection or infrastructure sharing agreement where the Authority determines that \u2014 (a) interconnection or infrastructure sharing would endanger life or safety, or irreparably damage property or threaten the integrity, security or interoperability of a public ICT service or public ICT network; (b) the licence issued to the responder exempts it from the obligation to provide interconnection or infrastructure sharing; (c) the licence issued to the requestor does not authorise it to operate the public ICT network or to provide the public ICT service for which infrastructure sharing or interconnection is sought; or (d) the requested interconnection or infrastructure sharing is contrary to the laws of the Islands or the public interest. (3) A responder shall not refuse to provide infrastructure sharing services, except where \u2014 (a) there is insufficient capacity, taking into account its reasonably anticipated requirements; or (b) such provision would create a technical or engineering difficulty that could not be reasonably addressed. (4) Where a requestor disagrees with the basis for any refusal, it may refer the matter to the Authority in accordance with the Dispute Resolution Regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Conclusion of interconnection and infrastructure sharing arrangements 5. Interconnection and infrastructure sharing arrangements shall be concluded as quickly as possible and in any event, no later than the time limits set out in these regulations, unless otherwise agreed between the parties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Principles and guidelines 6. The following general principles and guidelines shall apply to the provision of interconnection and infrastructure sharing services \u2014 (a) each licensee has an obligation to treat requests, to negotiate interconnection and infrastructure sharing agreements and to provide interconnection and infrastructure sharing services in good faith; (b) consistent with sections 44 to 46 of the Law, licensees shall, in the first instance, attempt to reach agreement on interconnection and Regulation 6 Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 SL 10 of 2003 infrastructure sharing by negotiation; where there is a dispute, the parties may refer the matter to the Authority for resolution in accordance with the Dispute Resolution Regulations; (c) interconnection and infrastructure sharing services shall be provided by the responder to the requestor at reasonable rates, on terms and conditions which are no less favourable than those provided by the responder to itself, any non-affiliated licensee or any subsidiary or affiliate of the responder and shall be of no less favourable quality than that provided by the responder to itself, any non-affiliated licensee or any subsidiary or affiliate of the responder; (d) interconnection and infrastructure sharing rates shall be determined in a transparent manner; (e) in the event the Authority is satisfied that a licensee incurs an access deficit, the Authority shall determine a mechanism for recovering the access deficit that is consistent with competitor equity principles; (f) costs and tariffs shall be sufficiently unbundled so that the requestor shall be obliged to pay the responder only for the network elements or infrastructure sharing services that it requires; (g) costs shall be borne either by the requestor or the responder or both based on whether their respective requests and compliance with those requests cause those costs to be incurred; and in accordance with an interconnection or infrastructure sharing agreement between the two parties; (h) interconnection and infrastructure sharing rates shall be cost-oriented and shall be set to allow the responder to recover a reasonable rate of return on its capital appropriately employed, all attributable operating expenditures, depreciation and a proportionate contribution towards the responder\u2019s fixed and common costs; (i) interconnection rates shall not include compensation for loss of business as a result of providing interconnection or infrastructure sharing services to the requestor; (j) interconnection and infrastructure sharing services shall be provided in a manner that \u2014 (i) maximises the use of public ICT networks and infrastructure; (ii) minimises the potential for negative environmental impacts; and (iii) enables the development of competition in the provision of public ICT networks and public ICT services in a timely and economic manner; (k) interconnection and infrastructure sharing services shall be provided by the responder to the requestor at any technically feasible point on terms Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 Regulation 7 SL 10 of 2003 and conditions that are just, reasonable and non-discriminatory and in accordance with an interconnection or infrastructure sharing agreement between the two parties; (l) any disputes relating to interconnection and infrastructure sharing shall be referred to the Authority under the Dispute Resolution Regulations; and (m) failure to comply with any provision of these regulations shall be, among other remedies available under the Law or the licensee\u2019s licence, subject to the penalty provisions in regulation 30.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Legal framework document 7. (1) Each licensee shall file an indicative non-binding legal framework document with the Authority within the time period specified in its licence and, if not so specified, upon receipt of a request by a requestor to obtain interconnection or infrastructure sharing services. (2) The Authority may, in its discretion, direct a licensee to amend the legal framework document to reflect the terms of its licence, relevant rules, regulations, decisions, directives or standards and other guidelines that the Authority may prescribe; and the Authority may also require the licensee to publish and use the legal framework document and other documents, in negotiation with requestors. (3) Interconnection and infrastructure sharing agreements shall be based upon the Law and the terms of the responder\u2019s legal framework document. (4) A legal framework document shall set out, at a minimum, the interconnection or infrastructure sharing services and the commercial terms and conditions under which such services shall be provided by a responder. (5) The interconnection or infrastructure sharing services detailed in the legal framework document shall be sufficiently unbundled to ensure that a requestor is not required by a responder to acquire network elements or infrastructure sharing services that are either not required or have not been requested. (6) Information contained in a legal framework document shall not be designated as confidential. (7) The Authority may require a responder to make available the entire legal framework document in electronic format to any person without any restriction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Rights and obligations 8. (1) Licensees shall have a right and, when requested by other licensees, an obligation to negotiate interconnection and infrastructure sharing services in order to ensure the provision and interoperability of services throughout the Islands. Regulation 8 Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 SL 10 of 2003 (2) A request for a quotation to provide interconnection or infrastructure sharing services shall contain at least the following information \u2014 (a) the reference number of the requestor\u2019s ICT licence; (b) a technical description of the requested services; (c) locations; (d) dates required; and (e) projected quantities to be ordered with a period of 3 years forecast. (3) A requestor shall be responsible for the reasonable costs incurred by the responder in processing the request, and shall include with the request a nonrefundable deposit of $2000 or such other amount as specified from time to time by the Authority. (4) Requests may be cancelled at any time by the requestor. (5) The responder shall acknowledge receipt of each request no later than 3 days following receipt of the request; and the responder shall provide the Authority, with a copy of the original request and the acknowledgement receipt. (6) The responder shall consider and analyse each request and advise the requestor within 14 days of the acknowledgement of receipt of the request, or such other time period as agreed between the parties of \u2014 (a) the need for any further information for purposes of having a sufficiently complete and accurate request; or (b) that the request is sufficiently complete and accurate to provide a quotation. (7) The responder shall provide a quotation as quickly as possible and in any event no later than 30 days, or within such other time period as agreed between the parties, after receipt of a complete and accurate request. (8) Where the responder denies a request, the responder shall provide detailed written reasons for such denial to the requestor within 20 days of the receipt of a complete and accurate request. (9) A quotation shall contain all information required by the requestor to fully consider the rates, terms and conditions for obtaining the requested services, including the following minimum information \u2014 (a) date of availability; (b) installation intervals; (c) applicable rates; (d) request development and processing costs; and (e) other such necessary terms and conditions required to effect interconnection or infrastructure sharing. Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 Regulation 9 SL 10 of 2003 (10) Within 20 days of the receipt of the quotation, or such other time period as agreed between the parties, the requestor and responder shall undertake good faith negotiations to resolve any outstanding matters for purposes of producing an interconnection or infrastructure sharing agreement. (11) For the purposes of paragraph (10), the following actions or practices violate the obligation to act in good faith \u2014 (a) refusing to include in an interconnection or infrastructure sharing agreement a provision that permits the agreement to be amended in the future to take into account applicable changes to the laws rules and regulations of the Islands and to the determinations and court decisions of the Authority; (b) intentionally misleading or coercing another party into reaching an agreement that it would not otherwise have made; (c) intentionally refusing to provide or delaying the provision of information necessary to reach an agreement; (d) obstructing or delaying negotiations, the provision of services according to a final interconnection or infrastructure agreement, or the resolution of pre-contract disputes; and (e) refusing to designate a representative with the Authority to make binding representations, if such refusal significantly delays the resolution of issues. (12) At any stage of negotiations, either party may declare a dispute and refer the matter to the Authority under the Dispute Resolution Regulations; and the Authority may consider such requests under an expedited process in accordance with the Dispute Resolution Regulations. (13) An agreement between the responder and the requestor shall be concluded within 30 days of the commencement of negotiations or such other time period as they have agreed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Rate structure 9. The rates offered by the responder to the requestor shall clearly identify all charges for interconnection or infrastructure sharing.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Charges 10. (1) A responder\u2019s charges for interconnection or infrastructure sharing shall be \u2014 (a) determined in a transparent manner, subject to any confidentiality claims under the Confidentiality Regulations to which the Authority may agree; (b) non-discriminatory in order to ensure that a responder applies equivalent conditions in equivalent circumstances in providing equivalent services, Regulation 10 Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 SL 10 of 2003 as the responder provides for itself, any non-affiliated licensee or any subsidiary or affiliate of the responder; (c) reciprocal for the same service in order that the responder and requestor pay the same rate for providing each other the same services, except for any applicable contribution towards an access deficit that may be approved by the Authority; (d) preferably such that non-recurring costs shall be recovered through nonrecurring charges and recurring costs shall be recovered through recurring charges; (e) such that charges that do not vary with usage shall be recovered through flat charges and costs that vary with usage shall be recovered through usage-sensitive charges; and (f) based on a forward-looking long-run incremental cost methodology once it is established by the Authority following a public consultative process. (2) In accordance with section 53 of Annex 5 to Cable & Wireless\u2019 licence, until the development of an approved FLLRIC model, Cable & Wireless shall use its fully allocated cost model with the following adjustments (adjusted FAC model) \u2014 (a) inclusion of the 2002\/2003 financial data and traffic data; (b) treatment of the licence fee as an expense; (c) inclusion of the rebalanced tariffs; (d) revision of the allocation of cellular antenna and tower costs to: 80% cellular, 10% distribution, and 10% switching; (e) inclusion of the planned charges to directory assistance, reconnection and installation; and (f) reduction to the weighted average cost of capital to 13.5%, all of which are subject to verification by the Authority. (3) In accordance with section 54 of Annex 5 to Cable & Wireless\u2019 licence, in lieu of updating its adjusted FAC model annually, Cable & Wireless shall apply \u2014 (a) a productivity improvement assumption of 4.8% to the total per minute rate for terminating calls on its fixed line network, excluding the call set up component; and (b) a productivity improvement assumption of 25% to the total per minute rate for transiting calls on its fixed line network, excluding the call set up component; and after the adjustments in (a) and (b) are made, further adjustments to the above rates shall not be required until a FLLRIC model is approved. Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 Regulation 11 SL 10 of 2003 (4) In accordance with section 56 of Annex 5 to Cable & Wireless\u2019 licence, where Cable & Wireless makes an application to the Authority requesting that interconnecting licensees pay a contribution towards its access deficit, the Authority shall first be satisfied, through a public consultative process, that an access deficit exists. (5) Any mechanism to recover the access deficit referred to under paragraph (4) shall be arrived at following a consultative process and be consistent with competitive equity. (6) The Authority, if it considers it appropriate and where it is satisfied that an access deficit exists, may use a recovery mechanism which is a deficit contribution to be paid by interconnecting licensees. (7) The burden of proof that charges are derived from costs shall lie with the responder in all cases. (8) In accordance with section 47(1) of the Law, the requestor shall pay the cost of establishing interconnection. (9) Interconnection and infrastructure sharing charges shall be recovered over such period of time as negotiated between the parties. (10) The requestor and responder shall agree as to which set of costs as between the two parties are to be used for setting the charges for interconnection and infrastructure sharing. (11) In the absence of an agreement, the Authority shall make a determination with regard to which party has produced a detailed cost model that conforms with the requirements of paragraph (1) (f).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Mobile interconnection charges 11. (1) In accordance with section 60 of Annex 5 to Cable & Wireless\u2019 licence, where the international settlement payment on a carrier route basis received by Cable & Wireless is less than the mobile termination rate to deliver that traffic in addition to the Cable & Wireless\u2019 cost of transiting and delivering the call to a mobile licence holder, Cable & Wireless shall first attempt to negotiate or otherwise obtain a higher international settlement payment. (2) Where Cable & Wireless is unsuccessful in obtaining a higher settlement payment in accordance with paragraph (1), then Cable & Wireless and the mobile licence holder shall negotiate an arrangement for the splitting of the international settlement payment; and where the parties are not able to reach an agreement \u2014 (a) the mobile licence holder may refuse the use of Cable & Wireless\u2019 facilities to terminate the international mobile traffic, without penalty, provided it receives a higher international settlement payment itself (or Regulation 12 Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 SL 10 of 2003 through a third party) and therefore is able to terminate international mobile traffic itself; or (b) either party may refer the dispute to the Authority for determination. (3) Where the mobile licence holder has exercised its option to refuse the traffic under paragraph (2) (a), the need for the dispute to be resolved by the Authority is negated. (4) This regulation shall also apply, with the necessary changes, when Cable & Wireless is the mobile licensee and the other licence holder is the transiting international carrier seeking to terminate the call on Cable & Wireless\u2019 mobile network.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Points of Interconnection 12. A responder shall offer interconnection services at any technically feasible point of its public ICT network, upon request by a requestor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Provision of information 13. (1) A responder shall provide, on request, information reasonably required by requestors in order to facilitate any agreements for interconnection or infrastructure sharing including any information required to give effect to any agreement. (2) Further to paragraph (1), a responder shall provide, at all appropriate times, information as to any planned changes to the responder\u2019s network which may affect interconnection or infrastructure sharing, unless otherwise agreed by the Authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Confidentiality 14. (1) Information received by either party for the provision of interconnection or infrastructure sharing service where such information received is of a competitive nature, such as \u2014 (a) customer orders; (b) market forecasts; (c) plans for the development of new services; (d) network plans; (e) new customers; and (f) current or proposed business plans, shall be treated in confidence and shall be shared only among those persons who require to know in order to provide services to the requestor, unless expressly agreed to by the affected party. Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 Regulation 15 SL 10 of 2003 (2) Neither party shall provide such information to any personnel involved in the provision of ICT services offered in competition and each party shall use such information solely for the purpose for which such information is received.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Calling line identification 15. Every responder and requestor shall offer calling line identification and all necessary signalling data, in accordance with accepted international standards and any codes which may be issued by the Authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Technical standards 16. (1) Responders shall make available to interested parties such network information, technical standards and specifications as may be required to enable a requestor to make interconnection or to obtain infrastructure sharing services. (2) The Authority may issue a direction as to the information that shall be provided under this rule.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Services 17. (1) A responder shall provide detailed written reasons to the requestor and shall provide a copy thereof to the Authority where the responder cannot provide the following services sought by a requestor \u2014 (a) operator services; (b) directory assistance services; (c) directory listings in the directory assistance database; (d) interconnection to the 911 system; (e) termination services; and (f) transit services. (2) Where the requestor disagrees with a refusal of a request for services, it may refer the matter to the Authority for a ruling in accordance with the Dispute Resolution Regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Indirect access 18. (1) As defined in Schedule 1 to the Agreement between Cable & Wireless, the Governor in Cabinet and the Authority, dated 10 July 2003, indirect access is the method whereby a subscriber is able to access international ICT services provided by another licence holder, through the ICT network and ICT services of the licence holder with whom the subscriber is directly and physically connected. Calling line identification Regulation 19 Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 SL 10 of 2003 (2) Indirect access shall be mandated to be provided by the Authority after it has determined through a public consultation process that the benefits to the general public from such mandate will outweigh the costs to all parties and that the mandate will not impose an unfair burden on any licence holder.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Form and content of agreement 19. All interconnection and infrastructure sharing agreements shall be in writing and the following minimum matters shall be specified in those agreements except where a particular matter is irrelevant to the specific form of service requested \u2014 (a) capacity and service levels agreed between the parties including the remedies for any failure to meet those service levels; (b) a provision that deals with regulatory change, including determinations by the Authority; (c) duration and renegotiation of agreements; (d) forecasting, ordering, provisioning and testing procedures; (e) dispute resolution procedures, which shall be consistent with the provisions of the Law and the Dispute Resolution Regulations; (f) geographical and technical characteristics and location of each point of interconnection; (g) information handling and confidentiality provisions; (h) intellectual property rights; (i) measures anticipated for avoiding interference with or damage to the networks of the parties involved or those of third parties; (j) methods for measuring service quality, which shall generally be derived from appropriate national and international methods and indices; (k) procedures in the event of alterations being proposed to the network or service offerings of one of the parties; (l) provision of infrastructure sharing and identification of co-location and their terms; (m) provision of network information; (n) technical specifications and standards; (o) terms of payment, including billing and settlement procedures; (p) the maintenance of end-to-end quality of service; (q) the procedures to detect and repair faults, as well as an estimate of acceptable average indexes for detection and repair times; (r) the scope and description of the services to be provided; (s) the technical characteristics of all the main and auxiliary signals to be transmitted by the system and the technical conditions of the interfaces; Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 Regulation 20 SL 10 of 2003 (t) transmission of calling line identification, where available to be transmitted; (u) the obligations and responsibilities of both the requestor and the responder in the event that inadequate or defective equipment is connected to their respective networks; (v) rates from time to time agreed for the provision of each service; (w) provision for the suspension, termination or amendment of the agreement in the event of \u2014 (i) conduct that is illegal or interferes with the obligations of the licensee, under the relevant licence, the Law or ICTA regulations; (ii) requirements that are not technically feasible; (iii) safety problems; (iv) requirements for space that is unavailable; or (v) circumstances that pose an unreasonable risk to the integrity or security of the ICT networks or ICT services of the responder; (x) a provision to allow for the suspension of services where it is necessary to deal with a material degradation of the public ICT network or public ICT services; and (y) any other relevant issue; 20. Improper provisions 20. An interconnection or infrastructure sharing agreement shall not contain any provision which has the effect of \u2014 (a) imposing any unfair or discriminatory penalty or disadvantage upon a requestor in the exercise of the requestor\u2019s right to be provided with interconnection or infrastructure sharing; (b) precluding or frustrating the exercise of a licensee\u2019s right or privileges afforded under the Law, ICTA regulations, rules, decisions or directives; or (c) preventing a licensee from lawfully providing interconnection or infrastructure sharing services to another licensee.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Insufficient space 21. (1) In the event that sufficient space is not available at a responder\u2019s facilities and the responder and requestor are unable to arrive at an alternative solution expeditiously, either party may refer the matter to the Authority for a ruling in accordance with the Dispute Resolution Regulations. (2) The Authority, in considering an issue under this regulations, may direct the responder to show cause why it should not, as an alternative, be required to Regulation 22 Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 SL 10 of 2003 transport the requestor\u2019s signal from an external interconnection facility to the responder\u2019s central office with zero mileage charges.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Requirement to file 22. (1) The parties shall file a copy of an interconnection or infrastructure sharing agreement, as the case may be, with the Authority within 7 days of the signing of the agreement. (2) The Authority may reject any interconnection or infrastructure sharing agreement, or any portion thereof, if it determines that the agreement does not comply with the Law, conditions of the licence, relevant regulations, regulations, decisions, directives or standards and other guidelines that the Authority may prescribe.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Amendment 23. The parties to an interconnection or infrastructure sharing agreement may amend or modify an agreement which has been filed with the Authority by \u2014 (a) submitting a copy to the Authority within 7 days following agreement to the proposed amendment or modification; and (b) giving not less than 90 days written notice to the other party prior to the effective date of the amendment or modification, unless otherwise agreed by both parties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Provision of services 24. The responder shall promptly provide services in accordance with final interconnection or infrastructure sharing agreements.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Adherence to the Law 25. Interconnection and infrastructure sharing agreements and the procedures for arriving at such agreements shall be based upon the terms of the Law, conditions of the licence, relevant regulations, regulations, decisions, directives or standards and other guidelines that the Authority may prescribe.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Disputes 26. Where either the requestor or responder believes that the other party is not requesting, negotiating, or processing a request in good faith, or if there is a dispute between the parties as to the terms and conditions for the provision of interconnection or infrastructure sharing, either party may submit the matter to the Authority for resolution in accordance with the Dispute Resolution Regulations. Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations, 2003 Regulation 27 SL 10 of 2003\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Confidentiality order 27. (1) The Authority may, in accordance with the Confidentiality Regulations, direct that any part of an interconnection or infrastructure sharing agreement shall be kept confidential. (2) Any request to keep part of an interconnection or infrastructure sharing agreement confidential shall be accompanied by a non-confidential description of the relevant portion of the agreement.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Infrastructure sharing 28. In promoting the efficient, economic and harmonised utilisation of infrastructure, the Authority may inquire into and require modification of any agreement or arrangements entered into between a responder or requestor and another licensee which has the effect of limiting either efficient and harmonised utilisation of infrastructure or the promotion of competition in the provision of public ICT services or public ICT networks.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Performance measures 29. The Authority may, from time to time, require information to be filed by responders for purposes of evaluating the provision of interconnection and infrastructure sharing services to requestors on a non-discriminatory basis. 30. Penalties 30. In accordance with section 70(2) of the Law, the contravention of any provision of these regulations constitutes an offence and any person contravening any provision of these regulations shall be liable, on summary conviction, to a fine not exceeding $20,000 or to imprisonment for a period not exceeding one year. Made by the Cabinet the 4th day of November, 2003 Carmena Watler Clerk of the Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2003_01_01\", \"date\": \"2003-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": 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\"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/2003\/7\/eng@2003-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/2003\/7\/eng@2003-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations\", \"actNumber\": \"7 of 2003\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nInformation and Communications Technology Authority Law\nINFORMATION AND COMMUNICATIONS\nTECHNOLOGY AUTHORITY\n(INTERCONNECTION AND\nINFRASTRUCTURE SHARING)\nREGULATIONS, 2003\n\n(SL 10 of 2003)\nSupplement No. 8 published with Gazette No.24 dated 1st December, 2003.\n\nPage 2\nSL 10 of 2003\nc\n\nPUBLISHING DETAILS\n\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\nArrangement of Regulations\n\nc\nSL 10 of 2003\nPage 3\n\nCAYMAN ISLANDS\n\nInformation and Communications Technology Authority Law\nINFORMATION AND COMMUNICATIONS\nTECHNOLOGY AUTHORITY\n(INTERCONNECTION AND INFRASTRUCTURE\nSHARING) REGULATIONS, 2003\n(SL 10 of 2003)\nArrangement of Regulations\nRegulation\nPage\n1.\nCitation ......................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nApplication of regulations ...........................................................................................................6\n4.\nProvision of interconnection and infrastructure sharing ..............................................................7\n5.\nConclusion of interconnection and infrastructure sharing arrangements .....................................7\n6.\nPrinciples and guidelines ...........................................................................................................7\n7.\nLegal framework document ........................................................................................................9\n8.\nRights and obligations ...............................................................................................................9\n9.\nRate structure .......................................................................................................................... 11\n10.\nCharges ................................................................................................................................... 11\n11.\nMobile interconnection charges ............................................................................................... 13\n12.\nPoints of Interconnection ......................................................................................................... 14\n13.\nProvision of information ........................................................................................................... 14\n14.\nConfidentiality .......................................................................................................................... 14\n15.\nCalling line identification .......................................................................................................... 15\n16.\nTechnical standards ................................................................................................................. 15\n17.\nServices................................................................................................................................... 15\n18.\nIndirect access ......................................................................................................................... 15\n19.\nForm and content of agreement ............................................................................................... 16\n20.\nImproper provisions ................................................................................................................. 17\n\nArrangement of Regulations\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\n\nPage 4\nSL 10 of 2003\nc\n\n21.\nInsufficient space ..................................................................................................................... 17\n22.\nRequirement to file .................................................................................................................. 18\n23.\nAmendment ............................................................................................................................. 18\n24.\nProvision of services ................................................................................................................ 18\n25.\nAdherence to the Law .............................................................................................................. 18\n26.\nDisputes .................................................................................................................................. 18\n27.\nConfidentiality order ................................................................................................................. 19\n28.\nInfrastructure sharing ............................................................................................................... 19\n29.\nPerformance measures ........................................................................................................... 19\n30.\nPenalties.................................................................................................................................. 19\n\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\nRegulation 1\n\nc\nSL 10 of 2003\nPage 5\n\nCAYMAN ISLANDS\n\nInformation and Communications Technology Authority Law\nINFORMATION AND COMMUNICATIONS\nTECHNOLOGY AUTHORITY\n(INTERCONNECTION AND INFRASTRUCTURE\nSHARING) REGULATIONS, 2003\n(SL 10 of 2003)\nThe Governor in Cabinet, in exercise of the powers conferred on by section 70 of the\nInformation and Communications Technology Authority Law, 2002, makes the following\nregulations \u2014\n1.\nCitation\n1.\nThese regulations may be cited as the Information and Communications Technology\nAuthority (Interconnection and Infrastructure Sharing) Regulations, 2003.\n2.\nDefinitions\n2.\nIn these regulations \u2014\n\u201ccalling line identification\u201d means the signalling data generated over an ICT\nnetwork that identifies the calling number;\n\u201cConfidentiality Regulations\u201d means the Information and Communications\nTechnology Authority (Confidentiality) Regulations, 2003;\n\u201cDispute\nResolution\nRegulations\u201d\nmeans\nthe\nInformation\nand\nCommunications\nTechnology\nAuthority\n(Dispute\nResolution)\nRegulations, 2003;\n\nRegulation 3\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\n\nPage 6\nSL 10 of 2003\nc\n\n\u201cICT network licence\u201d means a licence issued by the Authority for the right\nto own and obligation to operate an ICT network for which a licence is\nrequired pursuant to section 23 of the Law;\n\u201cICT service licence\u201d means a licence issued by the Authority for the right\nand obligation to operate an ICT service for which a licence is required\npursuant to section 23 of the Law;\n\u201cICTA regulations\u201d means any regulations made under the Law either by the\nGovernor in Cabinet or by the Authority;\n\u201cinfrastructure sharing\u201d means the provision to licensees of access to\ntangibles used in connection with a public ICT network or intangibles\nfacilitating the utilisation of a public ICT network; and for the avoidance of\ndoubt \u2014\n(a)\ntangibles include lines, cables or wires (whether fibre optic or other),\nequipment, apparatus, towers, masts, tunnels, ducts, risers, holes, pits,\npoles, landing stations, huts, lands, buildings or facilities; and\n(b) intangibles include agreements, arrangements, licences, franchises, rights\nof way, easements and other such interests.\n\u201cinterconnection\u201d means the physical or logical connection of public ICT\nnetworks of different ICT network providers;\n\u201clegal framework document\u201d means a document containing the nontechnically specific portion of a proposed draft interconnection agreement;\n\u201clicensee\u201d has the same meaning as in the Law subject to the limitation in\nregulation 3;\n\u201crequest\u201d means a formal application for interconnection or infrastructure\nsharing;\n\u201crequestor\u201d means a licensee who makes a request for interconnection or\ninfrastructure sharing from another licensee;\n\u201cresponder\u201d means a licensee to whom a request for interconnection or\ninfrastructure sharing has been made; and\n\u201cthe Law\u201d means the Information and Communications Technology Authority\nLaw, 2002;\n3.\nApplication of regulations\n3.\nIn these regulations, the word \u201clicensee\u201d refers only to licensees under the Law that\nhold licences for major public ICT networks as prescribed in the notice gazetted\npursuant to section 23(2) of the Law.\n\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\nRegulation 4\n\nc\nSL 10 of 2003\nPage 7\n\n4.\nProvision of interconnection and infrastructure sharing\n4.\n(1) In accordance with the provisions of section 44 of the Law, a licensee shall not\nrefuse, obstruct or in any way impede another licensee in the making of any\ninterconnection or infrastructure sharing arrangement.\n(2) A requestor or responder shall not negotiate or propose to enter into an\ninterconnection or infrastructure sharing agreement where the Authority\ndetermines that \u2014\n(a)\ninterconnection or infrastructure sharing would endanger life or safety, or\nirreparably damage property or threaten the integrity, security or\ninteroperability of a public ICT service or public ICT network;\n(b) the licence issued to the responder exempts it from the obligation to\nprovide interconnection or infrastructure sharing;\n(c)\nthe licence issued to the requestor does not authorise it to operate the\npublic ICT network or to provide the public ICT service for which\ninfrastructure sharing or interconnection is sought; or\n(d) the requested interconnection or infrastructure sharing is contrary to the\nlaws of the Islands or the public interest.\n(3) A responder shall not refuse to provide infrastructure sharing services, except\nwhere \u2014\n(a)\nthere is insufficient capacity, taking into account its reasonably\nanticipated requirements; or\n(b) such provision would create a technical or engineering difficulty that\ncould not be reasonably addressed.\n(4) Where a requestor disagrees with the basis for any refusal, it may refer the\nmatter to the Authority in accordance with the Dispute Resolution\nRegulations.\n5.\nConclusion of interconnection and infrastructure sharing arrangements\n5.\nInterconnection and infrastructure sharing arrangements shall be concluded as\nquickly as possible and in any event, no later than the time limits set out in these\nregulations, unless otherwise agreed between the parties.\n6.\nPrinciples and guidelines\n6.\nThe following general principles and guidelines shall apply to the provision of\ninterconnection and infrastructure sharing services \u2014\n(a)\neach licensee has an obligation to treat requests, to negotiate\ninterconnection and infrastructure sharing agreements and to provide\ninterconnection and infrastructure sharing services in good faith;\n(b) consistent with sections 44 to 46 of the Law, licensees shall, in the first\ninstance, attempt to reach agreement on interconnection and\n\nRegulation 6\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\n\nPage 8\nSL 10 of 2003\nc\n\ninfrastructure sharing by negotiation; where there is a dispute, the parties\nmay refer the matter to the Authority for resolution in accordance with\nthe Dispute Resolution Regulations;\n(c)\ninterconnection and infrastructure sharing services shall be provided by\nthe responder to the requestor at reasonable rates, on terms and\nconditions which are no less favourable than those provided by the\nresponder to itself, any non-affiliated licensee or any subsidiary or\naffiliate of the responder and shall be of no less favourable quality than\nthat provided by the responder to itself, any non-affiliated licensee or any\nsubsidiary or affiliate of the responder;\n(d) interconnection and infrastructure sharing rates shall be determined in a\ntransparent manner;\n(e)\nin the event the Authority is satisfied that a licensee incurs an access\ndeficit, the Authority shall determine a mechanism for recovering the\naccess deficit that is consistent with competitor equity principles;\n(f)\ncosts and tariffs shall be sufficiently unbundled so that the requestor shall\nbe obliged to pay the responder only for the network elements or\ninfrastructure sharing services that it requires;\n(g) costs shall be borne either by the requestor or the responder or both based\non whether their respective requests and compliance with those requests\ncause those costs to be incurred; and in accordance with an\ninterconnection or infrastructure sharing agreement between the two\nparties;\n(h) interconnection and infrastructure sharing rates shall be cost-oriented and\nshall be set to allow the responder to recover a reasonable rate of return\non its capital appropriately employed, all attributable operating\nexpenditures, depreciation and a proportionate contribution towards the\nresponder\u2019s fixed and common costs;\n(i)\ninterconnection rates shall not include compensation for loss of business\nas a result of providing interconnection or infrastructure sharing services\nto the requestor;\n(j)\ninterconnection and infrastructure sharing services shall be provided in a\nmanner that \u2014\n(i)\nmaximises the use of public ICT networks and infrastructure;\n(ii) minimises the potential for negative environmental impacts; and\n(iii) enables the development of competition in the provision of public\nICT networks and public ICT services in a timely and economic\nmanner;\n(k) interconnection and infrastructure sharing services shall be provided by\nthe responder to the requestor at any technically feasible point on terms\n\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\nRegulation 7\n\nc\nSL 10 of 2003\nPage 9\n\nand conditions that are just, reasonable and non-discriminatory and in\naccordance with an interconnection or infrastructure sharing agreement\nbetween the two parties;\n(l)\nany disputes relating to interconnection and infrastructure sharing shall\nbe\nreferred\nto\nthe\nAuthority\nunder\nthe\nDispute\nResolution\nRegulations; and\n(m) failure to comply with any provision of these regulations shall be, among\nother remedies available under the Law or the licensee\u2019s licence, subject\nto the penalty provisions in regulation 30.\n7.\nLegal framework document\n7.\n(1) Each licensee shall file an indicative non-binding legal framework document\nwith the Authority within the time period specified in its licence and, if not so\nspecified, upon receipt of a request by a requestor to obtain interconnection or\ninfrastructure sharing services.\n(2) The Authority may, in its discretion, direct a licensee to amend the legal\nframework document to reflect the terms of its licence, relevant rules,\nregulations, decisions, directives or standards and other guidelines that the\nAuthority may prescribe; and the Authority may also require the licensee to\npublish and use the legal framework document and other documents, in\nnegotiation with requestors.\n(3) Interconnection and infrastructure sharing agreements shall be based upon the\nLaw and the terms of the responder\u2019s legal framework document.\n(4) A legal framework document shall set out, at a minimum, the interconnection\nor infrastructure sharing services and the commercial terms and conditions\nunder which such services shall be provided by a responder.\n(5) The interconnection or infrastructure sharing services detailed in the legal\nframework document shall be sufficiently unbundled to ensure that a requestor\nis not required by a responder to acquire network elements or infrastructure\nsharing services that are either not required or have not been requested.\n(6) Information contained in a legal framework document shall not be designated\nas confidential.\n(7) The Authority may require a responder to make available the entire legal\nframework document in electronic format to any person without any\nrestriction.\n8.\nRights and obligations\n8.\n(1) Licensees shall have a right and, when requested by other licensees, an\nobligation to negotiate interconnection and infrastructure sharing services in\norder to ensure the provision and interoperability of services throughout the\nIslands.\n\nRegulation 8\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\n\nPage 10\nSL 10 of 2003\nc\n\n(2) A request for a quotation to provide interconnection or infrastructure sharing\nservices shall contain at least the following information \u2014\n(a)\nthe reference number of the requestor\u2019s ICT licence;\n(b) a technical description of the requested services;\n(c)\nlocations;\n(d) dates required; and\n(e)\nprojected quantities to be ordered with a period of 3 years forecast.\n(3) A requestor shall be responsible for the reasonable costs incurred by the\nresponder in processing the request, and shall include with the request a nonrefundable deposit of $2000 or such other amount as specified from time to\ntime by the Authority.\n(4) Requests may be cancelled at any time by the requestor.\n(5) The responder shall acknowledge receipt of each request no later than 3 days\nfollowing receipt of the request; and the responder shall provide the Authority,\nwith a copy of the original request and the acknowledgement receipt.\n(6) The responder shall consider and analyse each request and advise the requestor\nwithin 14 days of the acknowledgement of receipt of the request, or such other\ntime period as agreed between the parties of \u2014\n(a)\nthe need for any further information for purposes of having a sufficiently\ncomplete and accurate request; or\n(b) that the request is sufficiently complete and accurate to provide a\nquotation.\n(7) The responder shall provide a quotation as quickly as possible and in any\nevent no later than 30 days, or within such other time period as agreed\nbetween the parties, after receipt of a complete and accurate request.\n(8) Where the responder denies a request, the responder shall provide detailed\nwritten reasons for such denial to the requestor within 20 days of the receipt of\na complete and accurate request.\n(9) A quotation shall contain all information required by the requestor to fully\nconsider the rates, terms and conditions for obtaining the requested services,\nincluding the following minimum information \u2014\n(a)\ndate of availability;\n(b) installation intervals;\n(c)\napplicable rates;\n(d) request development and processing costs; and\n(e)\nother such necessary terms and conditions required to effect\ninterconnection or infrastructure sharing.\n\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\nRegulation 9\n\nc\nSL 10 of 2003\nPage 11\n\n(10) Within 20 days of the receipt of the quotation, or such other time period as\nagreed between the parties, the requestor and responder shall undertake good\nfaith negotiations to resolve any outstanding matters for purposes of producing\nan interconnection or infrastructure sharing agreement.\n(11) For the purposes of paragraph (10), the following actions or practices violate\nthe obligation to act in good faith \u2014\n(a)\nrefusing to include in an interconnection or infrastructure sharing\nagreement a provision that permits the agreement to be amended in the\nfuture to take into account applicable changes to the laws rules and\nregulations of the Islands and to the determinations and court decisions\nof the Authority;\n(b) intentionally misleading or coercing another party into reaching an\nagreement that it would not otherwise have made;\n(c)\nintentionally refusing to provide or delaying the provision of information\nnecessary to reach an agreement;\n(d) obstructing or delaying negotiations, the provision of services according\nto a final interconnection or infrastructure agreement, or the resolution of\npre-contract disputes; and\n(e)\nrefusing to designate a representative with the Authority to make binding\nrepresentations, if such refusal significantly delays the resolution of\nissues.\n(12) At any stage of negotiations, either party may declare a dispute and refer the\nmatter to the Authority under the Dispute Resolution Regulations; and the\nAuthority may consider such requests under an expedited process in\naccordance with the Dispute Resolution Regulations.\n(13) An agreement between the responder and the requestor shall be concluded\nwithin 30 days of the commencement of negotiations or such other time period\nas they have agreed.\n9.\nRate structure\n9.\nThe rates offered by the responder to the requestor shall clearly identify all charges\nfor interconnection or infrastructure sharing.\n10.\nCharges\n10. (1) A responder\u2019s charges for interconnection or infrastructure sharing shall be \u2014\n(a)\ndetermined in a transparent manner, subject to any confidentiality claims\nunder the Confidentiality Regulations to which the Authority may agree;\n(b) non-discriminatory in order to ensure that a responder applies equivalent\nconditions in equivalent circumstances in providing equivalent services,\n\nRegulation 10\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\n\nPage 12\nSL 10 of 2003\nc\n\nas the responder provides for itself, any non-affiliated licensee or any\nsubsidiary or affiliate of the responder;\n(c)\nreciprocal for the same service in order that the responder and requestor\npay the same rate for providing each other the same services, except for\nany applicable contribution towards an access deficit that may be\napproved by the Authority;\n(d) preferably such that non-recurring costs shall be recovered through nonrecurring charges and recurring costs shall be recovered through\nrecurring charges;\n(e)\nsuch that charges that do not vary with usage shall be recovered through\nflat charges and costs that vary with usage shall be recovered through\nusage-sensitive charges; and\n(f)\nbased on a forward-looking long-run incremental cost methodology once\nit is established by the Authority following a public consultative process.\n(2) In accordance with section 53 of Annex 5 to Cable & Wireless\u2019 licence, until\nthe development of an approved FLLRIC model, Cable & Wireless shall use\nits fully allocated cost model with the following adjustments (adjusted FAC\nmodel) \u2014\n(a)\ninclusion of the 2002\/2003 financial data and traffic data;\n(b) treatment of the licence fee as an expense;\n(c)\ninclusion of the rebalanced tariffs;\n(d) revision of the allocation of cellular antenna and tower costs to: 80%\ncellular, 10% distribution, and 10% switching;\n(e)\ninclusion of the planned charges to directory assistance, reconnection and\ninstallation; and\n(f)\nreduction to the weighted average cost of capital to 13.5%,\nall of which are subject to verification by the Authority.\n(3) In accordance with section 54 of Annex 5 to Cable & Wireless\u2019 licence, in lieu\nof updating its adjusted FAC model annually, Cable & Wireless shall apply \u2014\n(a)\na productivity improvement assumption of 4.8% to the total per minute\nrate for terminating calls on its fixed line network, excluding the call set\nup component; and\n(b) a productivity improvement assumption of 25% to the total per minute\nrate for transiting calls on its fixed line network, excluding the call set up\ncomponent; and\nafter the adjustments in (a) and (b) are made, further adjustments to the above\nrates shall not be required until a FLLRIC model is approved.\n\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\nRegulation 11\n\nc\nSL 10 of 2003\nPage 13\n\n(4) In accordance with section 56 of Annex 5 to Cable & Wireless\u2019 licence, where\nCable & Wireless makes an application to the Authority requesting that\ninterconnecting licensees pay a contribution towards its access deficit, the\nAuthority shall first be satisfied, through a public consultative process, that an\naccess deficit exists.\n(5) Any mechanism to recover the access deficit referred to under paragraph (4)\nshall be arrived at following a consultative process and be consistent with\ncompetitive equity.\n(6) The Authority, if it considers it appropriate and where it is satisfied that an\naccess deficit exists, may use a recovery mechanism which is a deficit\ncontribution to be paid by interconnecting licensees.\n(7) The burden of proof that charges are derived from costs shall lie with the\nresponder in all cases.\n(8) In accordance with section 47(1) of the Law, the requestor shall pay the cost of\nestablishing interconnection.\n(9) Interconnection and infrastructure sharing charges shall be recovered over\nsuch period of time as negotiated between the parties.\n(10) The requestor and responder shall agree as to which set of costs as between the\ntwo parties are to be used for setting the charges for interconnection and\ninfrastructure sharing.\n(11) In the absence of an agreement, the Authority shall make a determination with\nregard to which party has produced a detailed cost model that conforms with\nthe requirements of paragraph (1) (f).\n11.\nMobile interconnection charges\n11. (1) In accordance with section 60 of Annex 5 to Cable & Wireless\u2019 licence, where\nthe international settlement payment on a carrier route basis received by Cable\n& Wireless is less than the mobile termination rate to deliver that traffic in\naddition to the Cable & Wireless\u2019 cost of transiting and delivering the call to a\nmobile licence holder, Cable & Wireless shall first attempt to negotiate or\notherwise obtain a higher international settlement payment.\n(2) Where Cable & Wireless is unsuccessful in obtaining a higher settlement\npayment in accordance with paragraph (1), then Cable & Wireless and the\nmobile licence holder shall negotiate an arrangement for the splitting of the\ninternational settlement payment; and where the parties are not able to reach\nan agreement \u2014\n(a)\nthe mobile licence holder may refuse the use of Cable & Wireless\u2019\nfacilities to terminate the international mobile traffic, without penalty,\nprovided it receives a higher international settlement payment itself (or\n\nRegulation 12\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\n\nPage 14\nSL 10 of 2003\nc\n\nthrough a third party) and therefore is able to terminate international\nmobile traffic itself; or\n(b) either party may refer the dispute to the Authority for determination.\n(3) Where the mobile licence holder has exercised its option to refuse the traffic\nunder paragraph (2) (a), the need for the dispute to be resolved by the\nAuthority is negated.\n(4) This regulation shall also apply, with the necessary changes, when Cable &\nWireless is the mobile licensee and the other licence holder is the transiting\ninternational carrier seeking to terminate the call on Cable & Wireless\u2019 mobile\nnetwork.\n12.\nPoints of Interconnection\n12. A responder shall offer interconnection services at any technically feasible point of\nits public ICT network, upon request by a requestor.\n13.\nProvision of information\n13. (1) A responder shall provide, on request, information reasonably required by\nrequestors in order to facilitate any agreements for interconnection or\ninfrastructure sharing including any information required to give effect to any\nagreement.\n(2) Further to paragraph (1), a responder shall provide, at all appropriate times,\ninformation as to any planned changes to the responder\u2019s network which may\naffect interconnection or infrastructure sharing, unless otherwise agreed by the\nAuthority.\n14.\nConfidentiality\n14. (1) Information received by either party for the provision of interconnection or\ninfrastructure sharing service where such information received is of a\ncompetitive nature, such as \u2014\n(a)\ncustomer orders;\n(b) market forecasts;\n(c)\nplans for the development of new services;\n(d) network plans;\n(e)\nnew customers; and\n(f)\ncurrent or proposed business plans,\nshall be treated in confidence and shall be shared only among those persons\nwho require to know in order to provide services to the requestor, unless\nexpressly agreed to by the affected party.\n\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\nRegulation 15\n\nc\nSL 10 of 2003\nPage 15\n\n(2) Neither party shall provide such information to any personnel involved in the\nprovision of ICT services offered in competition and each party shall use such\ninformation solely for the purpose for which such information is received.\n15.\nCalling line identification\n15. Every responder and requestor shall offer calling line identification and all\nnecessary signalling data, in accordance with accepted international standards and\nany codes which may be issued by the Authority.\n16.\nTechnical standards\n16. (1) Responders shall make available to interested parties such network\ninformation, technical standards and specifications as may be required to\nenable a requestor to make interconnection or to obtain infrastructure sharing\nservices.\n(2) The Authority may issue a direction as to the information that shall be\nprovided under this rule.\n17.\nServices\n17. (1) A responder shall provide detailed written reasons to the requestor and shall\nprovide a copy thereof to the Authority where the responder cannot provide\nthe following services sought by a requestor \u2014\n(a)\noperator services;\n(b) directory assistance services;\n(c)\ndirectory listings in the directory assistance database;\n(d) interconnection to the 911 system;\n(e)\ntermination services; and\n(f)\ntransit services.\n(2) Where the requestor disagrees with a refusal of a request for services, it may\nrefer the matter to the Authority for a ruling in accordance with the Dispute\nResolution Regulations.\n18.\nIndirect access\n18. (1) As defined in Schedule 1 to the Agreement between Cable & Wireless, the\nGovernor in Cabinet and the Authority, dated 10 July 2003, indirect access is\nthe method whereby a subscriber is able to access international ICT services\nprovided by another licence holder, through the ICT network and ICT services\nof the licence holder with whom the subscriber is directly and physically\nconnected.\nCalling line\nidentification\n\nRegulation 19\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\n\nPage 16\nSL 10 of 2003\nc\n\n(2) Indirect access shall be mandated to be provided by the Authority after it has\ndetermined through a public consultation process that the benefits to the\ngeneral public from such mandate will outweigh the costs to all parties and\nthat the mandate will not impose an unfair burden on any licence holder.\n19.\nForm and content of agreement\n19. All interconnection and infrastructure sharing agreements shall be in writing and the\nfollowing minimum matters shall be specified in those agreements except where a\nparticular matter is irrelevant to the specific form of service requested \u2014\n(a)\ncapacity and service levels agreed between the parties including the\nremedies for any failure to meet those service levels;\n(b) a provision that deals with regulatory change, including determinations\nby the Authority;\n(c)\nduration and renegotiation of agreements;\n(d) forecasting, ordering, provisioning and testing procedures;\n(e)\ndispute resolution procedures, which shall be consistent with the\nprovisions of the Law and the Dispute Resolution Regulations;\n(f)\ngeographical and technical characteristics and location of each point of\ninterconnection;\n(g) information handling and confidentiality provisions;\n(h) intellectual property rights;\n(i)\nmeasures anticipated for avoiding interference with or damage to the\nnetworks of the parties involved or those of third parties;\n(j)\nmethods for measuring service quality, which shall generally be derived\nfrom appropriate national and international methods and indices;\n(k) procedures in the event of alterations being proposed to the network or\nservice offerings of one of the parties;\n(l)\nprovision of infrastructure sharing and identification of co-location and\ntheir terms;\n(m) provision of network information;\n(n) technical specifications and standards;\n(o) terms of payment, including billing and settlement procedures;\n(p) the maintenance of end-to-end quality of service;\n(q) the procedures to detect and repair faults, as well as an estimate of\nacceptable average indexes for detection and repair times;\n(r)\nthe scope and description of the services to be provided;\n(s)\nthe technical characteristics of all the main and auxiliary signals to be\ntransmitted by the system and the technical conditions of the interfaces;\n\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\nRegulation 20\n\nc\nSL 10 of 2003\nPage 17\n\n(t)\ntransmission of calling line identification, where available to be\ntransmitted;\n(u) the obligations and responsibilities of both the requestor and the\nresponder in the event that inadequate or defective equipment is\nconnected to their respective networks;\n(v) rates from time to time agreed for the provision of each service;\n(w) provision for the suspension, termination or amendment of the agreement\nin the event of \u2014\n(i)\nconduct that is illegal or interferes with the obligations of the\nlicensee, under the relevant licence, the Law or ICTA regulations;\n(ii) requirements that are not technically feasible;\n(iii) safety problems;\n(iv) requirements for space that is unavailable; or\n(v) circumstances that pose an unreasonable risk to the integrity or\nsecurity of the ICT networks or ICT services of the responder;\n(x) a provision to allow for the suspension of services where it is necessary\nto deal with a material degradation of the public ICT network or public\nICT services; and\n(y) any other relevant issue;\n20.\nImproper provisions\n20. An interconnection or infrastructure sharing agreement shall not contain any\nprovision which has the effect of \u2014\n(a)\nimposing any unfair or discriminatory penalty or disadvantage upon a\nrequestor in the exercise of the requestor\u2019s right to be provided with\ninterconnection or infrastructure sharing;\n(b) precluding or frustrating the exercise of a licensee\u2019s right or privileges\nafforded under the Law, ICTA regulations, rules, decisions or\ndirectives; or\n(c)\npreventing a licensee from lawfully providing interconnection or\ninfrastructure sharing services to another licensee.\n21.\nInsufficient space\n21. (1) In the event that sufficient space is not available at a responder\u2019s facilities and\nthe responder and requestor are unable to arrive at an alternative solution\nexpeditiously, either party may refer the matter to the Authority for a ruling in\naccordance with the Dispute Resolution Regulations.\n(2) The Authority, in considering an issue under this regulations, may direct the\nresponder to show cause why it should not, as an alternative, be required to\n\nRegulation 22\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\n\nPage 18\nSL 10 of 2003\nc\n\ntransport the requestor\u2019s signal from an external interconnection facility to the\nresponder\u2019s central office with zero mileage charges.\n22.\nRequirement to file\n22. (1) The parties shall file a copy of an interconnection or infrastructure sharing\nagreement, as the case may be, with the Authority within 7 days of the signing\nof the agreement.\n(2) The Authority may reject any interconnection or infrastructure sharing\nagreement, or any portion thereof, if it determines that the agreement does not\ncomply with the Law, conditions of the licence, relevant regulations,\nregulations, decisions, directives or standards and other guidelines that the\nAuthority may prescribe.\n23.\nAmendment\n23. The parties to an interconnection or infrastructure sharing agreement may amend or\nmodify an agreement which has been filed with the Authority by \u2014\n(a)\nsubmitting a copy to the Authority within 7 days following agreement to\nthe proposed amendment or modification; and\n(b) giving not less than 90 days written notice to the other party prior to the\neffective date of the amendment or modification, unless otherwise agreed\nby both parties.\n24.\nProvision of services\n24. The responder shall promptly provide services in accordance with final\ninterconnection or infrastructure sharing agreements.\n25.\nAdherence to the Law\n25. Interconnection and infrastructure sharing agreements and the procedures for\narriving at such agreements shall be based upon the terms of the Law, conditions of\nthe licence, relevant regulations, regulations, decisions, directives or standards and\nother guidelines that the Authority may prescribe.\n26.\nDisputes\n26. Where either the requestor or responder believes that the other party is not\nrequesting, negotiating, or processing a request in good faith, or if there is a dispute\nbetween the parties as to the terms and conditions for the provision of\ninterconnection or infrastructure sharing, either party may submit the matter to the\nAuthority for resolution in accordance with the Dispute Resolution Regulations.\n\nInformation and Communications Technology Authority\n(Interconnection and Infrastructure Sharing) Regulations, 2003\nRegulation 27\n\nc\nSL 10 of 2003\nPage 19\n\n27.\nConfidentiality order\n27. (1) The Authority may, in accordance with the Confidentiality Regulations, direct\nthat any part of an interconnection or infrastructure sharing agreement shall be\nkept confidential.\n(2) Any request to keep part of an interconnection or infrastructure sharing\nagreement confidential shall be accompanied by a non-confidential description\nof the relevant portion of the agreement.\n28.\nInfrastructure sharing\n28. In promoting the efficient, economic and harmonised utilisation of infrastructure,\nthe Authority may inquire into and require modification of any agreement or\narrangements entered into between a responder or requestor and another licensee\nwhich has the effect of limiting either efficient and harmonised utilisation of\ninfrastructure or the promotion of competition in the provision of public ICT\nservices or public ICT networks.\n29.\nPerformance measures\n29. The Authority may, from time to time, require information to be filed by responders\nfor purposes of evaluating the provision of interconnection and infrastructure\nsharing services to requestors on a non-discriminatory basis.\n30.\nPenalties\n30. In accordance with section 70(2) of the Law, the contravention of any provision of\nthese regulations constitutes an offence and any person contravening any provision\nof these regulations shall be liable, on summary conviction, to a fine not exceeding\n$20,000 or to imprisonment for a period not exceeding one year.\nMade by the Cabinet the 4th day of November, 2003\nCarmena Watler\nClerk of the Cabinet","akn_extracted_at":"2026-06-22 15:38:41.957857+00","cms_id":"2003-0007","law_type":"subordinate","year":"2003","number":"7","title":"Information and Communications Technology Authority (Interconnection and Infrastructure Sharing) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5975","expr_id":"737","kind":"akn_xml","filename":"2003-0007_SL 7 of 2003.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2003\/2003-0007\/2003-0007_SL 7 of 2003.akn.xml","content_md5":"0dd1334022bd0214d4a13466f529f923","byte_size":"40580","http_last_modified":null,"fetched_at":"2026-06-22 15:38:42.293119+00"},{"file_id":"1473","expr_id":"737","kind":"pristine_pdf","filename":"2003-0007_SL 7 of 2003.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2003\/2003-0007\/2003-0007_SL 7 of 2003.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2003\/2003-0007\/2003-0007_SL 7 of 2003.pdf","content_md5":"7406ea11709e1ceb5e297dc6dcbd3534","byte_size":"431191","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.610803+00"},{"file_id":"1474","expr_id":"737","kind":"working_pdf","filename":"2003-0007_SL 7 of 2003.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2003\/2003-0007\/2003-0007_SL 7 of 2003.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2003\/2003-0007\/2003-0007_SL 7 of 2003.pdf","content_md5":"7406ea11709e1ceb5e297dc6dcbd3534","byte_size":"431191","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.610803+00"}],"paragraph_count":22,"latest_history":null},"quality":{"expr_id":"737","doc_id":"737","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{title_mismatch,truncated_text}","repair_actions":"{collapse_duplicate_text,reextract_full_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Metadata citation numbers\/labels do not match extracted text; possible truncation at document end requires verification.","assessed_at":"2026-06-22 15:29:45.71097+00","updated_at":"2026-06-22 15:29:45.71097+00"}}