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Telecommunications Infrastructure Sharing And Collocation Directive No. 793/2021

Ethiopian Communication Authority793/2021

Summary

This directive establishes a framework for telecommunications infrastructure sharing and collocation in Ethiopia. It aims to optimize the use of network infrastructure, reduce duplication of investment, protect the environment by limiting tower proliferation, and enhance competition among telecommunications operators. The directive outlines procedures, principles, and roles for the Ethiopian Communications Authority and affected entities in managing access agreements, charges, and dispute resolution.

Who's affected

Telecommunications Operators, Telecommunications Service providers, and Infrastructure Providers operating in Ethiopia.

Action required

Telecommunications Operators and Service Providers should familiarize themselves with the directive's provisions regarding infrastructure sharing and collocation agreements, including RISO requirements and negotiation procedures.

Key points

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  • Establishes a regulatory framework for telecommunications infrastructure sharing and collocation.
  • Mandates transparency, non-discrimination, and cost-orientation in access agreements.
  • Defines roles and responsibilities of the Ethiopian Communications Authority (ECA) and market participants.
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    • Outlines procedures for requesting, negotiating, and filing access agreements.
    • Requires Access Providers with Significant Market Power (SMP) to offer access services and publish a Reference Infrastructure Sharing Offer (RISO).
    • Addresses dispute resolution mechanisms.
    • Specifies penalties for non-compliance.
    • Aims to promote competition, efficiency, and environmental protection in the telecommunications sector.

Requirements

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  • Agreements for Access Services must be consistent with transparency, non-discrimination, and cost orientation principles.
  • Access Providers with Significant Market Power (SMP) must accommodate collocation requests if technically feasible and negotiate in good faith.
  • Access Providers must publish a Reference Infrastructure Sharing Offer (RISO) approved by the Authority.
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    • Access Agreements must be in writing and conform to industry standards and regulatory requirements.
    • Access Providers must file electronic copies of Access Agreements with the Authority within ten working days of execution.
    • Access Providers must notify the Authority of intent to terminate an Access Agreement at least sixty working days in advance.
    • Access Providers with SMP must file a RISO with the Authority for approval within thirty working days of direction.
    • Charges for Access Services must be justifiable, reasonable, and cost-based, and sufficiently unbundled.
    • Telecommunications Operators must consider demand for sharing when expanding or deploying new infrastructure.
    • Access Providers must provide information on their facilities and infrastructure to the Authority upon request.
    • Telecommunications Operators must submit detailed inventories of towers, masts, and collocation spaces to the Authority upon request.
    • Any dispute relating to Access Services must be referred to the Authority within thirty working days of failure to reach an agreement.

Rights and permissions

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  • Access Seekers have the right to request Access Services from any Access Provider.
  • Access Providers have the right to decline Access Services on specific grounds (insufficient capacity, illegality, safety, incompatibility, integrity, security, economic/technical infeasibility).
  • Parties to an Access Agreement may amend or modify the agreement by mutual accord.
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    • An Access Provider may request forbearance from specific obligations under certain conditions.
    • An operator seeking interconnection has the right to request suitable collocation.
    • The Authority has the right to examine infrastructure sharing and collocation to ensure consistency with licenses and reduce competition risks.
    • The Authority may intervene to determine terms of agreement, resolve disputes, and set charges.
    • The Authority reserves the right to examine incidence of infrastructure sharing and collocation.

Restrictions

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  • Access Providers with SMP must accommodate collocation requests to the extent technically feasible.
  • Access Providers may decline Access Services only on specified reasonable grounds.
  • Negotiating parties shall not intentionally mislead, refuse relevant information, coerce, or intentionally obstruct negotiations.
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    • Access Agreements shall not prohibit or frustrate the provision of lawful Telecommunications Services.
    • An Access Provider shall not offer more favorable rates or terms to affiliate companies than to other Access Seekers.
    • Charges for Access Services must be sufficiently unbundled to prevent overpayment for unnecessary infrastructure.
    • Reserved capacity shall not exceed two years and not more than twenty-five percent of capacity in each available infrastructure.
    • No Telecommunications Operator shall install facilities that unduly utilize space and prevent or limit collocation and sharing.
    • Access Providers planning to alter, expand, or move infrastructure subject to an Access Agreement must give at least ninety working days' notice.

Penalties

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  • The Authority may impose remedies including fines or restitution for violations of the Directive.
  • License revocation, suspension, and other administrative measures may be imposed based on Council of Ministers Regulations.
  • Penalties and fines will be stipulated based on the types of infractions.

Objectives

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  • Provide a framework to govern Access Agreements
  • Provide clarity on the rules and procedures for regulating infrastructure sharing and collocation
  • Minimize the cost of network deployment
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    • Protect the environment by reducing the proliferation of towers and facilities
    • Enhance competition amongst Telecommunications Operators in a cooperative environment
    • Maximize use of network infrastructure and reduce duplication of investment
    • Ensure economic advantages from infrastructure sharing benefit all stakeholders
    • Encourage cost-oriented policies leading to reduced consumer tariffs
    • Enable the Authority to coordinate with other government institutions involved in infrastructure deployment

Organizations

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  • Ethiopian Communications Authority

Legal references

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  • Ethiopian Communication Service Proclamation No.1148/2019, Articles 6(2), 44(5), 44(10), 54(2), 34, 36-38, 52
  • Council of Ministers Regulation issued pursuant to Article 52(6) of the Proclamation
  • Authority’s Dispute Resolution Directive
Original sourcehttps://justice.gov.et/en/directives/telecommunications-infrastructure-sharing-and-collocation-directive-no-793-2021/
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