Circular No. 07/2015/TT-BTTTT on Telecommunication Network Interconnection

CIRCULAR

Regulations on Telecommunications Interconnectiong

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Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications issues this Circular on telecommunications interconnection.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the interconnection between public telecommunications networks and telecommunications services of telecommunications enterprises in Vietnam, including: standards, quality, interconnection rates; negotiation, signing, implementation, dispute resolution regarding interconnection; sharing technical infrastructure for interconnection purposes.

Article 2. Applicability

This Circular applies to state management agencies, organizations, and individuals related to the interconnection activities between public telecommunications networks and telecommunications services of telecommunications enterprises in Vietnam.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Interconnection Point is the location where telecommunication equipment systems with switching, routing, control, and traffic monitoring functions are installed to transfer traffic between two interconnected telecommunications networks.

2. Interconnection Line is the transmission path connecting two interconnection points with the function of transmitting traffic between two interconnected telecommunications networks. The capacity of the interconnection is the capacity of the interconnection line.

3. Interconnection Equipment is the transmission equipment located at the interconnection point with the function of transmitting traffic between two interconnected telecommunications networks.

4. Connection Point is a point on the interconnection line that delineates the economic and technical responsibility boundaries between two participating telecommunications enterprises.

5. Interconnection Provider is the telecommunications enterprise requested by another telecommunications enterprise to provide interconnection.

6. Requesting Enterprise is the telecommunications enterprise requesting another telecommunications enterprise to provide interconnection.

7. Interconnection Agreement is the economic and technical agreement signed between telecommunications enterprises for the purpose of interconnecting public telecommunications networks and telecommunications services.

Chapter II
ECONOMIC AND TECHNICAL REGULATIONS ON INTERCONNECTION

Article 4. Interconnection Points

1. The interconnection points shall be agreed upon through negotiations by participating enterprises based on selecting any feasible interconnection point on the telecommunications network as follows:

a) Public Switched Telephone Network (PSTN) switch: local exchange (host/tandem), long-distance switch (Toll); international gateway switch;

b) Public Land Mobile Network (PLMN) switch: mobile switching center (MSC/SGSN); gateway mobile switching center (GMSC/GGSN);

c) Next Generation Network (NGN) switching and routing system;

d) Local, long-distance, and international transmission centers;

e) Other interconnection points agreed upon by participating enterprises but not violating the interconnection regulations set forth in Article 42 and Article 43 of the Telecommunications Law and this Circular.

2. The number, cost, and method of establishing interconnection points shall be agreed upon by participating enterprises but not violating the interconnection regulations set forth in Article 42 and Article 43 of the Telecommunications Law and this Circular.

3. In cases where the interconnection agreements of telecommunications enterprises violate the principles of ensuring sustainable development of the telecommunications market; security of telecommunications infrastructure, information security; rights and legitimate interests of telecommunications service users, the Telecommunications Administration will require enterprises to renegotiate.

4. In case telecommunications enterprises fail to reach an agreement with each other, the Telecommunications Administration will decide the interconnection points between enterprises.

Article 5. Joint Use of Connection Points

1. Joint use of connection points means telecommunications enterprises agreeing uniformly on the location, installation conditions for connection equipment, auxiliary equipment serving connection (power supply, air conditioning, etc.) at the connection site and the specific location of the connection point.

2. Forms of joint use of connection points:

a) Joint use of actual connection points: the enterprise requesting connection bears the initial cost of establishing the transmission line for connection; the connection-providing enterprise arranges the installation space for connection equipment, auxiliary equipment serving connection (power supply, air conditioning, etc.) and other necessary conditions (operation, maintenance of equipment, etc.) at its own connection site.

In this case, the connection point will be a point located on the trunk distribution frame (DDF, ODF or MDF) at the connection site of the connection-providing enterprise as determined by the participating enterprises.

b) Joint use of virtual connection points: the participating enterprises ensure their own installation locations for connection equipment; they agree to establish the connection and each party bears its own costs for investment, installation, operation, and maintenance of connection equipment at its own connection site.

In this case, the connection point will be a point located on the connection line as agreed upon by the participating enterprises.

3. Except where otherwise provided by law or agreed upon by the participating enterprises, the principle of joint use of actual connection points shall be uniformly applied in all places where conditions permit, with the aim of improving quality, reducing connection costs, and facilitating participating enterprises.

Article 6. Standards and Quality of Connection

1. Interface standards, signaling, and synchronization clocks of connection equipment:

a) The connection interface is agreed upon by the participating enterprises based on compliance with relevant technical regulations and mandatory standards prescribed by the Ministry of Information and Communications;

b) Unless otherwise agreed between telecommunications enterprises, signaling between participating telecommunications networks shall uniformly use Signaling System Number 7 based on compliance with relevant technical regulations and mandatory standards prescribed by the Ministry of Information and Communications;

c) The network of the enterprise requesting connection may directly synchronize from the standard clock of the connection-providing enterprise or follow the clock provided through telecommunications equipment of the connection-providing enterprise at the connection point according to the master-slave principle. Synchronization clocks must comply with relevant technical regulations and mandatory standards prescribed by the Ministry of Information and Communications.

2. Connection quality:

a) Connection congestion is applied according to the criteria specified in Appendix 01 issued together with this Circular;

b) The level of effective connection usage is applied according to the criteria specified in Appendix 02 issued together with this Circular;

c) Total connection capacity is determined according to the method specified in Appendix 03 issued together with this Circular.

Article 7. Connection Tariff Price

1. The connection tariff price is established based on cost, reasonably divided according to network components or service stages directly related to the implementation of connections between telecommunications networks, and state policies towards the telecommunications market and services during each period.

2. Based on actual conditions during each period, the Ministry of Information and Communications shall issue the connection tariff price for each telecommunications enterprise's network or group of telecommunications enterprises (dominant enterprise groups, other enterprise groups, etc.) based on each enterprise's connection costs or the average connection cost of the enterprise group.

3. In accordance with the requirements and regulations of the Ministry of Information and Communications, telecommunications enterprises have the responsibility to establish connection costs and propose connection tariff prices to report to the Ministry of Information and Communications for consideration and decision.

4. Telecommunications enterprises participating in connections are responsible for establishing technical and operational systems used to record and reconcile data for the purpose of settling connection tariff prices.

5. Based on the actual business situation of each service and each enterprise, participating telecommunications enterprises agree on the time to reconcile data and settle connection tariff prices. Unless otherwise agreed, enterprises will reconcile data and settle connection tariff prices monthly.

Chapter III
NEGOTIATION, SIGNING AND IMPLEMENTATION OF CONNECTION AGREEMENTS

Article 8. Registration of Model Connection Agreement

2. The registration documents for the Model Connection Agreement include:

a) A request form for registration of the Model Connection Agreement bearing the seal and signature of the enterprise's authorized representative as stipulated by law, according to Appendix 04 issued together with this Circular;

b) The Model Connection Agreement;

c) Economic and technical documents related to the contents of the Model Connection Agreement (if any).

3. The Model Connection Agreement must include at least the contents prescribed in Clause 2 of Article 13 of this Circular.

1. The Telecommunications Department has the responsibility to review and notify in writing whether to approve or not approve (specifying reasons for non-approval) the Model Connection Agreement of the enterprise within twenty working days from the date of receipt of complete and valid registration documents.

2. The Telecommunications Department will not approve the Model Connection Agreement in the following cases:

a) The Model Connection Agreement violates economic and technical provisions in Articles 4, 5, 6, and 7 of this Circular, telecommunications laws, and other relevant laws;

b) The Model Connection Agreement contains content that harms the legitimate rights and interests of other telecommunications enterprises or telecommunications service users.

3. After receiving written approval from the Telecommunications Department, the telecommunications enterprise holding essential facilities has the responsibility to issue and publicly announce the Model Connection Agreement to apply uniformly, without discrimination, to all enterprises requesting connection.

Article 10. Supplementing and Amending the Model Interconnection Agreement

When it is necessary to supplement or amend the Model Interconnection Agreement, telecommunications enterprises holding essential facilities shall re-register the Model Interconnection Agreement as if for the first time in accordance with the provisions of Articles 8 and 9 of this Circular.

Article 11. Connection Requests

A business requesting connection must submit a written connection request to the business providing the connection. The content of the connection request must include at least the following information:

1. Time and location for negotiating the interconnection agreement.

2. Type of network and service to be interconnected.

3. Feasible interconnection point on the network.

4. Form of shared interconnection position usage.

5. Technical standards and specifications of interconnection equipment; interconnection interface; signaling, metering in interconnection, etc.

6. Minimum interconnection capacity for the next 12 months.

7. Quality indicators of interconnection (congestion, efficiency, etc.).

8. Method and deadline for data reconciliation and payment of interconnection charges.

9. Sharing of technical infrastructure serving interconnection.

10. Contact information.

11. Other relevant information (if any).

Article 12. Response to Connection Requests

Within seven working days from the date of receipt of the written connection request, the business providing the connection must respond in writing to the requesting business regarding approval to negotiate the interconnection agreement (specifying the negotiation time and location) or disapproval to negotiate the interconnection agreement (specifying the reasons for disapproval).

Article 13. Negotiation and Signing of the Interconnection Agreement

1. Within seven working days from the date the requesting business receives the written approval to negotiate the interconnection agreement, the parties involved in the interconnection must commence negotiations on the interconnection agreement.

2. The content of the interconnection agreement negotiation includes at least the following items:

a) Requirements and principles of interconnection;

b) Procedures and formalities for interconnection;

c) Types of networks and services to be interconnected;

d) Feasible interconnection points on the network;

đ) Forms of shared interconnection positions;

e) Interconnection capacity;

g) Technical standards and specifications of interconnection equipment, interconnection interfaces, signaling, metering in interconnection, etc.;

h) Quality indicators of interconnection (congestion, efficiency, etc.);

i) Methods and deadlines for data reconciliation and payment of interconnection charges;

k) Procedures for implementation when there are changes (additions, reductions) in services or interconnection capacity;

l) Solutions to ensure the safety of infrastructure and information security during interconnection;

m) Procedures for cooperation in troubleshooting and restoring information;

n) Sharing of technical infrastructure serving interconnection;

o) Resolution of disputes, compensation, and complaints in the implementation of interconnection;

p) Rights and obligations of the parties in implementing interconnection;

q) Contact information.

4. Unless otherwise agreed, within thirty working days from the start of the interconnection agreement negotiation, the parties involved in the negotiation of the interconnection agreement must complete the negotiation and sign the interconnection agreement.

Article 14. Negotiation and signing of capacity connection supply contracts

1. Within seven working days from the date of signing the Connection Agreement, based on the signed connection agreement, participating enterprises must negotiate and sign the capacity connection supply contract in accordance with the provisions on contracts.

2. Unless otherwise agreed, within thirty working days from the start of negotiating the capacity connection supply contract, the parties involved must complete the negotiation and signing of the capacity connection supply contract.

Article 15. Implementation of Connection

Unless otherwise agreed, within fifteen working days from the date of signing the capacity connection supply contract, participating enterprises have the responsibility to organize the full and timely implementation of all contents of the Connection Agreement and the Capacity Connection Supply Contract signed between the parties.

Article 16. Changing Capacity Connection

1. When it is necessary to change (increase or decrease) the capacity connection to ensure connection quality, the enterprise requesting the change in capacity connection has the responsibility to send a written request to the relevant telecommunications enterprise. The request document must include at least the following contents:

a) Purpose of the change;

b) Data proving the necessity for the change in capacity;

c) Required capacity change;

d) Implementation time.

2. Within seven working days from the date of receipt of the written request for changing the capacity connection, the telecommunications enterprise receiving the request must provide a written response regarding the approval or non-approval of the change in capacity connection (specifying the reasons for non-approval).

3. Unless otherwise agreed, within fifteen working days from the date when the enterprises agree to change the capacity connection, the enterprises have the responsibility to implement the change in capacity connection according to the agreement between the parties.

Article 17. Reporting on Connection Implementation

1. Annually before January 31 or at any time upon request, telecommunications enterprises have the responsibility to submit a written report on the previous year's connection implementation situation to the Telecommunications Agency according to Model 05 attached to this Circular via postal service or online network.

2. Telecommunications enterprises must be responsible for the accuracy and timeliness of the report content.

3. In case of necessity, upon request of the Telecommunications Agency, telecommunications enterprises have the responsibility:

a) To prove the accuracy of the report;

b) To dispatch experts to cooperate and provide necessary equipment for the Telecommunications Agency to check the accuracy in the report of the telecommunications enterprise.

Chapter IV
SHARING INFRASTRUCTURE TO SUPPORT CONNECTION

Article 18. Principles of Sharing Infrastructure to Support Connection

1. Sharing infrastructure to support connection is the joint use of a part of the network, construction works, and equipment among participating enterprises to reduce costs and improve connection quality.

2. To ensure effective, convenient, and prompt implementation of connections, telecommunications enterprises have the responsibility to share the following infrastructures:

a) Construction works for technical infrastructure (sewer, reservoir, trench, technical pipeline, cable suspension pole, antenna tower, etc.) to establish connection routes;

b) Base stations and auxiliary equipment for connection purposes (power supply, air conditioning, wiring racks, cable trays, etc.) within the connection location.

3. The sharing of infrastructure to support connection is carried out through the conclusion of a contract for leasing technical infrastructure to support connection between the parties on the basis of ensuring fairness, reasonableness, non-discrimination, and compliance with legal provisions on connection in telecommunications.

4. Telecommunications enterprises sharing infrastructure have the responsibility to facilitate other telecommunications enterprises:

a) To lease the technical infrastructure specified in Clause 2 of this Article and ensure other necessary conditions for connection;

b) To install, operate, maintain, and repair equipment at the connection location.

5. Telecommunications enterprises benefiting from shared infrastructure have the responsibility:

a) To comply with internal regulations on safety and confidentiality of the telecommunications enterprise sharing infrastructure;

b) To notify the telecommunications enterprise sharing infrastructure about plans for installing, operating, maintaining, and repairing connection equipment within the connection location before implementation;

c) To pay the rental fee for technical infrastructure to support connection according to the contract between the parties.

Article 19. Rental Price for Technical Infrastructure Serving Connection

1. The rental price for technical infrastructure serving connection shall be established based on cost prices as prescribed by laws on pricing and telecommunications.

2. Telecommunications enterprises shall negotiate the rental price for technical infrastructure serving connection.

Article 20. Signing the Contract for Renting Technical Infrastructure Serving Connection

1. Unless otherwise agreed, the content of renting technical infrastructure serving connection shall be part of the Capacity Supply Contract.

2. In cases where renting technical infrastructure serving connection is a separate contract, the negotiation and signing of the Contract for Renting Technical Infrastructure Serving Connection shall be carried out concurrently with the Capacity Supply Contract.

Chapter V
RESOLUTION OF DISPUTES IN CONNECTION

Article 21. Content of Disputes in Telecommunication Connection

Disputes in telecommunication connection include:

1. Disputes regarding Connection Agreements.

2. Disputes regarding capacity supply contracts.

3. Disputes regarding sharing of technical infrastructure serving connection.

4. Other disputes arising during the implementation of telecommunication connection.

Article 22. Procedures for Resolving Disputes

1. A telecommunications enterprise requesting dispute resolution shall directly send or mail one set of documents to the Telecommunications Administration.

2. The minimum contents of the dispute resolution request form shall include:

a) A request for dispute resolution signed and stamped by the legal representative of the telecommunications enterprise according to the model attached at Appendix 06 issued together with this Circular;

b) Relevant evidence and documents (if any).

3. The Telecommunications Administration shall be responsible for reviewing, collecting relevant information and evidence. The disputing parties shall have the obligation to provide complete information and evidence upon the request of the Telecommunications Administration.

4. Within thirty working days from the date of receiving the complete dispute resolution request form, the Telecommunications Administration shall organize mediation between the related parties. The results of the mediation shall be recorded in a protocol signed by the legal representatives of the participating parties and the Telecommunications Administration.

5. If the related parties reach an agreement through mediation on the disputed issues, they shall implement the agreement reached. In case the related parties fail to reach an agreement on the disputed issues, within fifteen working days from the date of signing the mediation protocol, the Telecommunications Administration shall issue a decision to resolve the dispute.

6. During the dispute resolution process, the Telecommunications Administration may consider and decide to require the parties to ensure connection in accordance with the status quo before the dispute arose or propose another solution to ensure connection, in the following circumstances:

a) Ensuring public interest or the integrity of the telecommunication network;

b) The dispute affects the operations of other telecommunications enterprises;

c) To ensure the rights of telecommunication service users and their access to emergency contact numbers;

d) To ensure the operation of public telecommunications services;

e) Other cases as prescribed by the Ministry of Information and Communications.

7. The disputing parties shall immediately execute the dispute resolution decision of the Telecommunications Administration, including in cases where they disagree with the decision and have the right to appeal or file a lawsuit in accordance with the law.

Chapter VI
IMPLEMENTING PROVISIONS

Article 23. Effective Date and Implementation

1. This Circular takes effect from May 10, 2015.

2. This Circular replaces Decision No. 547/1998/QĐ-TCBĐ dated September 3, 1998 of the General Post Office on temporarily issuing regulations on connecting public telecommunications networks of telecommunications service providers and Decision No. 12/2006/QĐ-BBCVT dated April 26, 2006 of the Ministry of Posts and Telecommunications on implementing connections between public telecommunications networks.

3. The Director of the Office, the Inspectorate Chief, the Director of the Telecommunications Administration, the Heads of agencies and units under the Ministry; the General Directors, Directors of telecommunications enterprises and related organizations and individuals are responsible for implementing this Circular.

4. During the implementation, if any difficulties arise, the relevant agencies, organizations, and individuals need to promptly reflect them to the Ministry of Information and Communications for consideration and resolution./.