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ARRANGEMENT OF REGULATIONS
Regulation
Preliminary Provisions
1.
Purpose of Regulations
2.
Application
Responsibilities of an
Interconnect Clearinghouse
3.
General duties of an
Interconnect Clearinghouse
4.
Subscriber identity verification
5.
Equipment identity registry
services
6.
Anti-fraud management system
7.
Interconnect Clearinghouse
connections
8.
Monthly reconciliation
Responsibilities of a Connecting
Entity
9.
Mandatory connection to
Interconnect Clearinghouse
10.
Connecting entity to designate
officers
Interconnection
11.
Procedure for interconnection
12.
Interconnect communications
service agreement
13.
Timeframe for establishment of
interconnection
14.
Financial matters
15.
Determination of rate and
service charge
Miscellaneous Provisions
16.
Offences and penalties
17.
Right of appeal
18.
Interpretation
19.
Transitional provisions
IN exercise of the power
conferred on the Minister
responsible for electronic
communications by section
97(l)(c) of the Electronic
Communications Act, 2008 (Act
775) and acting on the advice of
the Authority, these Regulations
are made this 21st day of June,
2016.
Preliminary Provisions
Purpose of Regulations
I.
The purpose of these Regulations
is to regulate the
(a)
activities of network operators
and service providers who
connect and route national and
international traffic through an
Interconnect Clearinghouse; and
(b)
operations of an Interconnect
Clearinghouse licensed by the
Authority.
Application
2. These Regulations apply to
(a)
network operators,
(b)
service providers, and
(c)
Interconnect Clearinghouses.
Responsibilities of an
Interconnect Clearinghouse
General duties of an
Interconnect Clearinghouse
3.
An Interconnect Clearinghouse
shall
(a)
maintain the capacity to connect
and route national and
international traffic
irrespective of protocol or
technology;
(b)
monitor traffic volumes of each
service provider and network
operator;
(c)
provide a common infrastructure
for a public institution
approved by the Authority, to
host internet communication
technology systems and
applications; and
(d)
maintain the capacity to host
local and international over-
the-top service providers.
Subscriber identity verification
4.
An Interconnect Clearinghouse
shall provide clearance of
subscriber identity verification
before the communications
service is provided by the
connecting entity concerned.
Equipment identity registry
services
5.
An Interconnect Clearinghouse
shall provide equipment identity
registry services for user
equipment approved by the
Authority to be used for public
electronic communications
service.
Anti-fraud management system
6.
An Interconnect Clearinghouse
shall operate and maintain an
anti- fraud management system
for the purpose of detecting,
preventing, disconnecting or
disabling unauthorised or
unlicensed or illegal traffic of
public electronic
communications.
Interconnect Clearinghouse
connections
7. An Interconnect Clearinghouse
shall connect to a number
portability communications
service, bank switch or
interconnect exchange as may be
directed by the Authority.
Monthly reconciliation
8.
(1) An Interconnect
Clearinghouse shall provide the
relevant information for monthly
reconciliation between
connecting entities.
(2) For the purpose of this
regulation, "reconciliation"
means an agreement on
transaction volume and amount of
payments due a connecting
entity.
Responsibilities of a Connecting
Entity
Mandatory connection to
Interconnect Clearinghouse
9.
A connecting entity shall
connect to an Interconnect
Clearinghouse for
(a)
monitoring of traffic volumes;
and
(b)
transit of traffic.
Connecting entity to designate
officers
10.
A connecting entity shall,
within seven days of the receipt
of a licence to provide public
electronic communications
service, designate appropriate
officers to co-ordinate
communication on interconnection
matters with an Interconnect
Clearinghouse.
Interconnection
Procedure for interconnection
11.
(1) A connecting entity shall
establish interconnection with
an Interconnect Clearinghouse as
directed by the Authority.
(2) The Authority shall, within
seven days of the issuance of a
licence to a connecting entity,
furnish the Interconnect
Clearinghouse concerned with
details of the licence
comprising the following:
(i) the name of the licensee;
(ii) the date of issue of the
licence;
(iii) the scope of service of
the licence; and
(iv) the validity period of the
licence.
(3) The Interconnect
Clearinghouse shall, within
fourteen days of the receipt of
the information under
subregulation (2) from the
Authority, invite the connecting
entity for a meeting to consider
and agree on the technical terms
for establishing
interconnection.
(4) The Interconnect
Clearinghouse and the connecting
entity shall, within twenty-one
days of the meeting held under
subregulation (3), agree in
writing on the following
matters:
(a)
the locations of point of
interconnection within the
country;
(b)
the transmission means of
interconnection through
(i) fiber,
(ii) microwave, or
(iii) cross connect if the
interconnection is in the same
location for the Interconnect
Clearinghouse and the connecting
entity;
(c)
the capacities that will be
maintained on the transmission
link;
(d)
the interconnect signaling
protocol and Codec;
(e)
the switching capacity that will
be maintained for efficient call
routing based on projected
traffic;
(f)
the type of traffic required for
exchange between the
Interconnect Clearinghouse and
the connecting entity;
(g)
the format of call detail
records required for exchange
between the Interconnect
Clearinghouse and a connecting
entity for purposes of
reconciliation;
(h)
the relevant fields required in
the call details including
(i) the originating existing
network operator or connecting
entity trunk group identifier;
(ii) numbering plan assigned to
call the originating existing
network operator or connecting
entity of the Authority;
(iii) call start time;
(iv) call connect time;
(v) call end time;
(vi) numbering plan assigned to
call the terminating network;
and
(vii) terminating network trunk
group identifier;
(i)
network utilisation, level
required to facilitate capacity
increase on the transmission and
switching capacity
infrastructures to avoid
congestion in the network;
(j)
the process involved in
establishing technical
parameters and interconnection
between the Interconnect
Clearinghouse and the connecting
entity;
(k)
project plan of the Interconnect
Clearinghouse and the connecting
entity; and
(I)
other matters agreed on by the
Interconnect Clearinghouse and
the connecting entity.
(5) The Interconnect
Clearinghouse shall determine
the venue, time and procedure
for the meeting.
Interconnect communications
service agreement
12. (1) An Interconnect
Clearinghouse shall, within
seven days after the agreement
reached under regulation 11,
submit to the connecting entity,
a draft interconnect
communications service agreement
that reflects the decisions
reached by the Interconnect
Clearinghouse and the connecting
entity. . .
(2) The draft agreement shall be
in accordance with the terms
approved by the Authority under
regulation 11.
(3) The connecting entity shall,
within seven days of receipt of
the draft agreement, review the
draft agreement and submit a
copy of the reviewed agreement
to the Interconnect
Clearinghouse.
(4) The Interconnect
Clearinghouse shall, within
seven days of the receipt of the
agreement reviewed, submit the
final version of the agreement
to the Authority for review and
approval.
(5) The Authority shall, within
ten days of the receipt of the
final version of the agreement,
review the agreement and
communicate its decision in
writing to the Interconnect
Clearinghouse and the connecting
entity.
(6) Where the Authority does not
approve the agreement, the
Interconnect Clearinghouse and
the connecting entity shall,
within seven days of
notification in writing of the
decision of the Authority, amend
the agreement and submit to the
Authority for review and
approval.
(7) Where the Authority approves
the final version of the
agreement, the Interconnect
Clearinghouse and the connecting
entity shall, within fourteen
days of the receipt of the
approval, sign the final version
of the agreement.
(8) The Interconnect
Clearinghouse shall, within
seven days after signing the
final version of the agreement,
submit a certified true copy of
the agreement to the Authority.
Timeframe for establishment of
interconnection
13.
(1) The Interconnect
Clearinghouse shall, within one
month after the agreement
reached under subregulation (7)
regulation 12, establish
interconnection, 'conduct test
calls, verify call details and
open links for commercial
exchange of traffic.
(2) The Authority may extend the
period specified under
subregulation (1), where the
Authority is satisfied that the
Interconnect Clearinghouse is
unable to establish
interconnection, conduct test
calls, verify call details or
open links for commercial
exchange of traffic due to
technical reasons.
Financial
matters
14.
(1) The Interconnect
Clearinghouse and the connecting
entity shall meet to agree on
the settlement plan.
(2) An Interconnect
Clearinghouse shall submit to
the
(a)
Authority) and
(b)
connecting entity
a bill, an invoice and a
settlement plan in respect of an
interconnection within fourteen
days after the meeting between
the Interconnect Clearinghouse
and the connecting entity
referred to under subregulation
(1).
(3) The settlement plan shall
include the following:
(a)
the format and content of a call
detail record report;
(b)
the timeline to submit the call
detail record to the connecting
entity on a secure online portal
for review;
(c)
the process involved for the
connecting entity to review and
submit any disagreement on call
detail record submitted by the
Interconnect Clearinghouse;
(d)
the dispute resolution mechanism
to resolve a disputed call
detail record;
(e)
the percentage of variance on a
call detail record required to
trigger a dispute resolution
procedure;
(f)
the format for the invoice
required for submission to a
connecting entity and the
timeline within which the
invoice is required for
submission; and
(g)
any other relevant matter
determined by the Authority.
(4) The connecting entity shall,
within fourteen days of receipt
of the bill, invoice and
settlement plan review the bill,
invoice and settlement plan and
confirm in writing to the
Interconnect Clearinghouse its
agreement or otherwise.
Determination of rate and
service charge
15.
The Authority shall
(a)
determine the rate payable to a
terminating operateor for
national or international
traffic; and
(b)
determine the service charge
payable to an Interconnect
Clearinghouse for national or
international traffic.
(2) For purposes of this
regulation "terminating
operator" means a connecting
entity that receives and
completes traffic from an
Interconnect Clearinghouse.
Miscellaneous Provisions
Offences and penalties
16.
(1) An Interconnect
Clearinghouse that fails to
(a)
maintain the. capacity to
connect and route national and
international traffic in
contravention of paragraph
(a) of regulation 3;
(b)
monitor traffic volumes in
contravention of paragraph
(b) of regulation 3;
(c)
provide a common infrastructure
for a public institution to host
internet communication
technology systems and
applications in contravention of
paragraph (c) of
regulation 3;
(d)
maintain the capacity to host
local and international over-
the-top service providers in
contravention of paragraph
(d) of regulation 3; or
(e)
operate and maintain an
anti-fraud management system for
the purpose of detecting,
preventing, disconnecting or
disabling unauthorised or
unlicensed or illegal traffic of
public electronic communications
in contravention of regulation 6
shall suffer a reduction of the
validity period of the licence
of that Inter- connect
Clearinghouse for a period of
three months and in the case of
a continuing contravention, to a
further administrative penalty
of three thousand penalty units
for each day during which the
contravention continues.
(2) An Interconnect
Clearinghouse that fails to
(a)
provide clearance of subscriber
identity verification before the
communications service is
provided by the connecting
entity concerned in
contravention of regulation 4;
(b)
provide equipment identity
registry services for user
equipment approved by the
Authority to be used for public
electronic communications
service in contravention of
regulation 5;
(c)
connect to a number portability
communications service, bank
switch or an interconnect
exchange as directed by the
Authority in contravention of
regulation 7;
(d)
provide the relevant information
for monthly reconciliation
between connecting entities in
contravention of regulation 8;
(e)
submit a draft interconnect
communications services
agreement in contravention of
regulation 12; or
(f)
submit a bill, an invoice and a
settlement plan in respect of an
interconnection to the
Authority, a network operator or
a connecting entity in
contravention of regulation 14;
is liable to pay to the
Authority an administrative
penalty of nine thousand penalty
units and in the case of a
continuing contravention, to a
further administrative penalty
of three thousand penalty units
for each day during which the
contravention continues.
(3) A connecting entity that
fails to
(a)
connect to an Interconnect
Clearinghouse in contravention
of regulation 9; or
(b)
designate appropriate officers
to co-ordinate communication on
interconnection matters with an
Interconnect Clearinghouse in
contravention of regulation 10,
is liable to pay to the
Authority an administrative
penalty of nine thousand penalty
units, and in the case of a
continuing contravention, to a
further administrative penalty
of three thousand penalty units
for each day during which the
contravention continues.
(4) An administrative penalty
specified under this regulation
shall apply in respect of each
contravention.
Right of appeal
17.
(1) A person aggrieved by a
decision of the Authority may
appeal against the decision by
sending a notice of appeal to
the Tribunal established under
section 88 of the Act in
accordance with the rules of
procedure of the Tribunal.
Interpretation
18.
In these Regulations, unless the
context otherwise requires
"anti-fraud management system"
means a device or mechanism that
is used for testing, detecting,
blocking or preventing illegal
traffic passage;
"bank switch" means an
electronic payment network;
"Codec" means a compressing and
depressing technology of
electronic communication;
"connecting entity" means a
network operator or a service
provider licensed to send or
receive electronic
communications to or from other
entities;
"Interconnect -Clearinghouse"
means a centralised network
connected to other networks or
service providers;
"interconnect exchange" means a
network facility that enables
the Interconnection of more than
two independent connecting
entities for the purpose of
facilitating the transfer of
electronic communications;
"network utilisation level"
means the capacity of an
interconnection route used for
traffic transfer;
"number portability
communications service" means
the electronic move of a mobile
subscriber from one service
provider to the other whilst the
subscriber maintains the
subscriber number;
"online portal" means a
designated gateway access to
electronic information;
"over-the-top" means an
application or service that
provides a product over the
internet and bypasses
traditional distribution of
electronic communications
services;
"over-the-top service provider"
means an entity that delivers an
application or service over the
internet and bypasses
traditional network
distribution;
"switching capacity
infrastructure" means the build
of ability to exchange traffic;
"traffic" means voice, short
messaging service, multimedia
message service or any other
service over an electronic
communications network; and
"trunk group identifier" means a
marker for collective routes to
a specific destination.
Transitional provisions
19.
(1) Until the Authority
determines the service charge
due an Interconnect
Clearinghouse, a connecting
entity that has established
interconnection before the
coming into force of these
Regulations is not required to
pay to an Interconnect
Clearinghouse a service charge
until January, 2018.
(2) Until the implememation of
the next interconnect regime in
January, 2018, a connecting
entity shall not increase its
call charges for purposes of
routing a call through an
Interconnect Clearinghouse.
(3) Despite subregulation (1),
a connecting entity that intends
to establish interconnection
after the coming into force of
these Regulations shall pay to
the Interconnect Clearinghouse
concerned, a service charge
determined by the Authority.
(4) Until January, 2018, the
Authority shall remunerate an
Inter- connect Clearinghouse
engaged in interconnection, with
moneys that the Authority
collects on behalf of Government
for the use of the Authority,
under subsection (9) of section
25A of the Act.
DR. EDWARD KOFI OMANE BOAMAH
Minister responsible for
electronic communications
Date of Gazette
notification: 22nd June, 2016.
Entry into force: 26th July,
2016.
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