Folder Licences & Agreements
A class licence is created by an order or a direction published published by the Commission setting out its terms and conditions and the qualification criteria for such a licence. The Commission will publish a pdf Class Licence Registration Form (433 KB) for class licences. A person/entity who wishes to be registered for a class licence must complete and submit that form. If the applicant satisfies the qualification criteria and there is no irregularity with its form, the applicant will be registered for the class licence 45 days after filing the form.
Under the pdf Telecommunications Act (2009) (627 KB) , the Commission cannot restrict the number of applicants that may be registered for a class licence.
A registration for a class licence expires in 1 year. The registered holder must fill in and lodge an updated form at least 45 days before that period lapses in order to be re-registered for the class licence. If the registered holder fails to do so, the Commission will de-register the holder although this does not prevent that holder from registering for the class licence at a later point.
Class Licences issued by the Commission
An individual licence is issued directly by the Commission to a specific person/entity. The Commission will issue an individual licence (instead of a class licence) only if it is necessary to specify particular terms relevant to a particular licensee or the Commission considers that other reasons make an individual licence necessary.
When considered necessary, the Commission will publish a request for applications for an individual licence and any person may make such application. If the Commission intends to restrict the number of service providers to be licensed for a particular service, a competitive selection process will be used for applications. That process takes into account (among others) applicants’ financial bids, experience and commitments in terms of coverage of the service.
If an application is granted, the term of the ensuing individual licence will range from 5 to 20 years. A licence holder may apply for renewal at least 1 year before the licence expires. The Commission will determine that renewal application within 3 months from its lodgement. A licence holder, however, has no automatic right of renewal under the pdf Telecommunications Act (2009) (627 KB) .
Individual Licences issued by the Commission
Telecommunications networks have to interconnect with one another to enable end-to-end communications across networks. Interconnection arrangements between networks are subject to agreement. The Act requires that all such agreements are filed with the Commission within 14 days of execution and that the Commission publishes the agreements on its web site.
Service providers are at liberty to negotiate the terms of interconnection, including but not limited to access, types of services and rates, with the Commission any determination, order, direction or licence that has been issued.
Service providers have the right and, when requested by another service provider, the obligation to negotiate an interconnection agreement with another service provider. When this happens the service provider is required to respond within a reasonable time to the request, offer conditions that maintain end-to-end operability and incorporate reasonable conditions with regards to timing, quality, technical, operational and fault handling terms, into its interconnection agreement.
Interconnection agreements must not unfairly discriminate among service providers and must not be less favourable for other interconnecting service providers.
All agreements (including Interconnection & Access Agreements) entered into by the Commission may be subject to confidentiality clauses under the Telecommunications Act.