Interconnection and Access
Enforcement and Sanctions
The Telecommunications (Bailiwick of Guernsey) Law 2001 came into force on October 1 2001 and makes provision for the operation of telecommunications services under the new regulatory regime (see Regulation of Utilities is Overhauled)..
The Telecommunications Law makes it illegal (subject to certain exceptions) to establish, operate or maintain a telecommunications network or provide a telecommunications service without a licence granted by the director general of utility regulation.
The director general may give such directions to any licensee in relation to interconnection and access as he considers necessary or desirable to (i) ensure the interoperability of telecommunications networks, telecommunications equipment and customer premises equipment, and (ii) protect the integrity of any telecommunications network, telecommunications equipment or customer premises equipment.
The director general may direct that any licensee whom he determines has a dominant position in a relevant market must comply with any one or more of the following requirements:
- to make its procedures for the provision of interconnection and access publicly available on a non-discriminatory basis in a manner that is to the reasonable satisfaction of the director general;
- to offer a standard interconnection and access agreement available under non-discriminatory terms, conditions and charges;
- to provide interconnection or access on terms, conditions and charges that are transparent and cost-orientated;
- to provide interconnection or access at any technically feasible point in its telecommunications network; or
- to provide interconnection or access in a manner that is sufficiently unbundled so that the person requiring interconnection or access does not pay for telecommunications network components or services that he does not require.
The director general may, by direction, (i) establish technical standards relating to telecommunications networks, telecommunications apparatus and customer premises equipment, and (ii) prohibit the sale, supply or use of any telecommunications network, telecommunications apparatus or customer premises equipment.
The Telecommunications Law provides sanctions for breach of any condition of a licence or the Telecommunications Law, including financial penalties or suspension or revocation of a licence.
For further information on this topic please contact Chris Bound or Ian Kirk at Collas Day by telephone (+44 1481 723191) or by fax (+44 1481 724074) or by email ([email protected] or [email protected]).