Service providers are at liberty to agree on and resolve disputes and manage their own contractual, operational and similar related matters as long as they are not inconsistent with the pdf Telecommunications Act (2009) (627 KB) .
The Commission will make a reasonable effort to carry out any roles that are required of it as a result of such efforts by service providers. These roles will be consistent with the disputing parties' agreed procedures and can be:
- Facilitation of negotiations between parties;
- Approving notices provided by parties;
- Providing non-binding opinions on matters;
- Making binding decisions to resolve matters;
- Making an award of costs that are related to the procedure;
- Proposing or appointing persons to carry out their role.
The Commission may, however, refuse to carry out a role provided for it or may require that parties change their procedures if they see that the role is not viable. Generally, this can happen in the following circumstances:
- The role is inadequate for its purpose or cannot be effectively carried out;
- The role places an unsustainable demand on the Commission’s resources;
- The role is inconsistent with the Act or is otherwise unlawful.
If a disputed procedure cannot be resolved due to the Commission refusing to carry out a role or requiring a change in the procedure then the service provider(s) may apply to the Commission to resolve the dispute. Please contact us or refer to section 111 in the pdf Telecommunications Act (2009) (627 KB) for more information.
Disputes resolved by service providers between themselves or with the Commission do not constitute as Orders or Determinations issued by the Commission.