2011 Annual Report - The Commerce Commission

Table 16: Summary of Telecommunication Industry Related Activities – 2011Date ofDeterminationIndustry Submission/Issues Commission’s Action/Determination29/12/2011 Telecommunication Dispute between TelecomOperator A and Opeartor B onAccess to Capacity andNetwork.The Commission received a formal request from Operator A to arbitrate onthe dispute with Operator B on the charges for the access to capacity andnetwork. The Commission was requested to make a decision on the basis onwhich the rates should be calculated.The Commission after independent analysis, study, consultation, taking intoaccount all the factors and issues, including responses from the twoOperators on the Commission's draft determination dated 29 December 2011,made the final determination on 10 January 2012 concerning access to capacityand network between Operator A and Operator B for the facilitation of anadditional STM1 Fiji link to be procured by Operator A as follows: On the basis of the computations, Operator A will have to pay OperatorB a onetime bypass fee of USD$27,337.50 before the transaction isaffected for the disputed Co-ordination of Access Approval and connectivitybetween Operator A and the foreign operator for the provision of STM-1(Protected) SDH. The Commission directed Operator A and Operator B to finalize theiragreement for the disputed Co-ordination of Access Approval andconnectivity between Operator A and the foreign operator for the provision ofSTM-1 (Protected) SDH.Page205of236