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Telecommunications National Roaming Wholesale Sales Guide Explanatory Document (Directive No. 800/2021)
Ethiopian Communication Authority800/2021
Summary
This directive establishes a framework for Wholesale National Roaming Service agreements between Telecommunications Operators in Ethiopia. It aims to provide clarity on regulations, create a level playing field for new licensees, and enhance competition by lowering barriers to entry and expansion.
Who's affected
Telecommunications Operators in Ethiopia, particularly new licensees seeking to provide national roaming services and incumbent operators providing these services.
Action required
Telecommunications Operators must comply with the provisions of this directive regarding the negotiation, filing, and approval of Wholesale National Roaming Service agreements and associated tariffs.
Key points
7- Establishes a regulatory framework for Wholesale National Roaming Services.
- Aims to promote competition and facilitate market entry for new licensees.
- Defines roles and responsibilities of the Ethiopian Communications Authority and Telecommunications Operators.
- Outlines principles for transparency, non-discrimination, and lawful tariffs.
- Specifies procedures for requesting, negotiating, and approving roaming agreements.
- Details requirements for Reference Offers and tariff filings.
- Includes provisions for dispute resolution and enforcement.
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Requirements
11- Wholesale National Roaming agreements must be in writing and comply with industry standards and regulations.
- Telecommunications Operators with Significant Market Power must publish a Reference Offer for Wholesale Roaming approved by the Authority.
- Operators must negotiate in good faith, providing all relevant information and avoiding obstruction.
- Requests for Wholesale Roaming must be made in writing with sufficient information.
- Roaming Providers must respond to requests within ten (10) working days and initiate negotiations within fifteen (15) working days if able to provide the service.
- Agreements must be filed with the Authority for approval within seven (7) working days of execution.
- Amendments to agreements must be filed with the Authority for approval.
- Termination notices must be given at least sixty (60) days in advance, with thirty (30) days to remedy breaches.
- Wholesale Roaming tariffs must be filed with the Authority for approval.
- Wholesale Roaming service providers with Significant Market Power must maintain separate accounts for these services.
- Disputes must be referred to the Authority for resolution within thirty (30) working days of failing to reach an agreement.
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Rights and permissions
8- New Licensees have the right to request Wholesale Roaming Services during their National Roaming Period.
- Roaming Providers have the right to decline a request if technically unfeasible, the Roaming Seeker's period has expired, or the Roaming Seeker has built its own network in the area.
- Parties can appeal to the Authority if they fail to reach an agreement.
- Either party can request the Authority to resolve disputes related to Wholesale Roaming.
- The Authority reserves the right to examine agreements for Wholesale Roaming.
- The Authority may intervene to determine terms of agreement or resolve disputes.
- The Authority may intervene to order modifications to Reference Offers.
- The Authority may intervene to set terms for amending agreements if parties cannot agree.
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Restrictions
7- Wholesale National Roaming Services are generally not provided for redundancy during natural disasters, planned, or unplanned network outages.
- A New Licensee receiving Wholesale Roaming services cannot claim it contributes to their network roll out or coverage obligations.
- Agreements cannot prohibit or frustrate the provision of a telecommunications service that the Roaming Seeker is lawfully able to provide.
- Tariffs shall not be anti-competitive or unduly discriminatory.
- Tariffs must be cost-oriented based on a forward-looking incremental cost methodology.
- A Roaming Provider can only decline a request on specific technical or period-related grounds.
- Negotiations in good faith imply avoiding intentional misleading, coercion, or obstruction.
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Penalties
3- Fines or restitution may be imposed for violations of the directive.
- Infractions may result in license revocation, suspension, or other administrative measures as determined by Council of Ministers Regulation.
- Breaches of good faith negotiation include failing to provide relevant information, demanding coercive NDAs, refusing amendment clauses, tying unrelated issues, demanding non-cost-oriented fees, proposing unreasonable terms, or intentionally delaying negotiations.
Objectives
4- Provide a framework to govern Wholesale National Roaming Service agreements between Telecommunications Operators.
- Provide clarity on the rules and procedures the Authority shall follow to regulate Wholesale National Roaming agreements.
- Provide a more level playing field for New Licensees to reach customers beyond their cellular mobile network coverage, during their initial network roll out period.
- Lower the barriers to entry and expansion to enhance competition amongst Telecommunications Operators.
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Organizations
2- Ethiopian Communications Authority
- Telecommunications Operators
Legal references
6- Ethiopian Communications Service Proclamation No.1148/2019 (specifically Articles 6(2), 44(7), 54(2), 44(9), 45, 46, 34, 35, 36, 37, 38, 48, 52(6))
- Telecommunications Licensing Directive No. 1/2021
- Telecommunications Lawful Tariff Directive No. 8/2021
- Telecommunications Competition Directive No. 9/2021
- Authority’s Dispute Resolution Directive
- Council of Ministers Regulation issued pursuant to Article 52(6) of the Proclamation
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Original sourcehttps://justice.gov.et/en/directives/telecommunications-national-roaming-wholesale-sales-guide-explanatory-document-directive-no-800-2021/
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