Competencias del área de Comunicación

284. Provisions on transparency can be found in Article 29 of the Electronic Communications Act no. 81/2003. There it is stated in Paragraph 1 that in order to increase transparency of interconnection or access to the facilities of an electronic communications undertaking the PTA can oblige an electronic communications undertaking with SMP to publish specific information, for example bookkeeping information, technical information, information on the characteristics of networks, terms and conditions for delivery and for use and tariffs. It is authorised to make an exemption to the publication of information if an electronic communications company can show that it concerns important financial or business interests that it is normal and reasonable to keep confidential.

285. In Paragraph 2 of Article 29 of the same Act it states that when an electronic communications undertaking is obliged to practise non-discrimination then the PTA can demand that it publishes a reference offer that contains a breakdown description of interconnection or access, along with terms and conditions, including tariffs. The Administration can prescribe changes to the reference offer. PTA is authorised to set rules on the content of interconnection agreements and reference offers.

286. Transparency of terms and conditions for interconnection and access to facilities, including price, serves the purpose of expediting agreement negotiations, prevents disputes and supports belief among parties to the market that there is no discrimination in provision of services. It is necessary that technical provisions that applies to access to leased lines are clear and transparent which can be particularly important in ensuring operational compatibility.

287. Conditions that apply to access to networks and services are of extreme importance to new parties and can have a decisive impact on their possibilities to gain market share. It is clear that the competitive position of such parties is at risk if they must endure discriminatory conditions. Furthermore, it facilitates the entry of companies into the market if the conditions on offer for access and service that they must purchase are foreseeable and the same applies to the basis for pricing and other conditions.

288. The publication of a reference offer gives all parties to the market the opportunity to see what is on offer and it ensures that companies will not be required to pay for service and facilities for which they have no need. The PTA considers that the existence of a reference offer for wholesale termination of leased lines is necessary for the entry of independent service providers. In this way interested parties can for example see how it would be possible to operate such service and on what terms.

289. The PTA considers it proper to use the provisions of the Electronic Communications Act on transparency to assure to the extent possible that the obligations for access non- discrimination achieve results. It is the opinion of the Administration that transparency in information can facilitate and shorten negotiations between parties, which includes terms and conditions being clear at the outset.

290. The PTA intends to maintain the obligation on Míla to publish a reference offer for terminating segments of leased lines and related facilities and services that will be itemised to the extent that ensures that other electronic communications companies do not buy facilities and service that they do not need. Further to this the reference offer should be broken down in accordance with the needs of the market and should contain a description of Míla terms and conditions along with the relevant tariff.

291. At least the following items shall be specified in the Míla reference offer:

 Basic items pertinent to the agreement o Type of service

o Fees, invoices, and accounting o Price

o Quality of service

 Technological implementation o Interconnection points

o Distribution system and communication between systems o Other services

o Testing

 Delivery time; the time from when a request for connection is received by the company in question until the delivery should be completed

 Customer maintenance

 Confidentiality between parties

 Guarantees and payment

 Unforeseen events and special circumstances

 Term of agreement and termination of agreement

292. The PTA also considers it necessary that Míla publish the following information on access to terminating segments in wholesale leased lines:

 Tariff

 Technical characteristics and minimum requirement limitations

 Conditions for delivery and use

 Connection of user equipment

 Delivery conditions, inter alia:

o Information regarding method of ordering;

o Delivery notice, which is counted from the day that the user submitted a formal request for a leased line until the time when 95% of all leased lines of the type in question have been installed with users;

o Duration of agreement, i.e. the period of time defined in the agreement and the minimum agreement duration that the user is obliged to agree to;

o Repair time which is the period of time from the time that notification of fault has been received by the company in question until the time when 90% of all leased lines of the same type had been repaired and users, as appropriate, have received a notification to this effect. When an offer is made for repairs in varying quality categories for the same types of leased lines, information shall be published on a variety of typical repair times;

o Rules on repayment. Míla is instructed to maintain and update the existing reference offer as required.47

293. Míla shall publish a reference offer in accordance with the description here above and shall update it as required, such as for changes in needs of parties to the market or as a result of changes in technology. Should the Síminn reference offer not be considered adequate for the market, the PTA could prescribe amendments to the offer pursuant to Paragraph 2 of Article 29 of the Electronic Communications Act. All changes to the reference offer shall be submitted to the PTA for endorsement with reasonable notice and they will not come into force without the endorsement of the PTA.

294. Míla shall send all agreements made on termination of leased lines in wholesale to the PTA.

295. With the authority of Article 29 the PTA intends to maintain the obligation on Míla for the publication of an itemised reference offer for leased line termination access related facilities and service. Publication on the Míla website is deemed adequate.

296. The PTA considers it unnecessary to maintain the obligation for publishing of bookkeeping information, but Míla is obliged to deliver all such information to the PTA to the extent that this is needed to verify compliance with the obligations that are in force on this market.