Broadband and telecom

Interconnection policies in finland

 

Source: Ministry of Transport and Communications Finland

UNOFFICIAL TRANSLATION

No. 479/1997
Decision of the Ministry of Transport and Communications on the Interconnection of Telecommunications Networks and Services of Telecommunications Operators
Issued in Helsinki on 21 May 1997
________________

The Ministry of Transport and Communications has, pursuant to section 10, paragraphs 1, 4 and 5 as well as sections 11, 18, 37 and 45 of the Telecommunications Market Act issued on 30 April 1997 (1997/396), decided as follows:

Section 1
Scope of application
The provisions of this Decision shall be applied to the interconnection of telecommunications networks and telecommunications services of telecommunications operators. Finland shall be divided into telecommunications areas in accordance with the provisions of this Decision.
This Decision shall also be applied to networks and services used in public telecommunications network system or connected thereto even if the operations carried out therein do not require a notification referred to in section 6 or a license referred to in section 7 of the Telecommunications Market Act.
Exchange activity may be operated by both a telecommunications network operator and a telecommunications service operator. The exchange equipment of a telecommunications network operator perform basic switching in the network for the routing of messages in the telecommunications network.
This Decision shall not be applied to broadcasting transmission networks or to their interconnection with other telecommunications networks unless the broadcasting transmission networks are used for other telecommunications besides broadcasting transmission.

Section 2
Definitions
In this Decision:
1) interconnection shall mean the physical and logic connection of the services of telecommunications operators in order to ensure that the users can engage in telecommunicating and gain access to the services of another telecommunications operator;
2) telecommunications areas shall mean the areas in accordance with the map attached to this Decision;
3) a local telecommunications service shall mean a telecommunications service where telecommunications are transmitted between subscriptions at fixed locations within the same telecommunications area or as part of other telecommunications services;
4) a long-distance telecommunications service shall mean a telecommunications service where telecommunications are transmitted between subscriptions at fixed locations in different telecommunications areas or as part of other telecommunications services;
5) a subscriber number shall mean the number designated to the user for the identification of the subscription or another code used in telecommunicating;
6) a code shall mean the number or other code used in telecommunicating assigned to a telecommunications operator for its identification;
7) a mobile communications service shall mean a telecommunications service where the terminal equipment connected thereto can move within the network area from one support station to another;
8) an international telecommunications service shall mean a telecommunications service through which telecommunications may be carried out between telecommunications services in Finland and international telecommunications networks and telecommunications services; international telecommunications service shall not mean a telecommunications service in which the switching returns to Finland as such;
9) a broadcasting transmission network shall mean a telecommunications network which is used mainly for broadcasting transmission;
10) a subscription contract shall mean a contract concluded between a telecommunications operator and a user on the supply and use of a telecommunications subscription and, where applicable, of a telecommunications service;
11) uncoded communications shall mean a long-distance telecommunications service or an international telecommunications service where the telecommunications operator providing the service has not been identified; as well as
12) interconnection fees shall mean the fees referred to in section 18, paragraph 1 of the Telecommunications Market Act.
A telecommunications network, a public telecommunications network, a telecommunications service, a telecommunications network operator, a telecommunications service operator, the Ministry, a subscription, interconnection and a significant market power shall mean those referred to in section 4 of the Telecommunications Market Act (1997/396).

Section 3
Rights of a telecommunications operator
A telecommunications operator shall have the right to obtain the codes and subscriber numbers, assigned by the Telecommunications Administration Centre, necessary for its operations. The telecommunications operator that has leased the subscriber connection may continue to use the subscriber number used for the connection earlier in accordance with the provisions and regulations on number portability to be issued separately.

Section 4
Numbering
The Telecommunications Administration Centre shall administer and, on application, assign the numbers and addresses of telecommunications networks and telecommunications services transparently, equally and non-discriminately as well as publish and maintain the number and address plans of telecommunications networks. The Telecommunications Administration Centre shall ensure that applications relating to numbering are handled without delay.
This Decision shall be applied in the numbering of e-mail addresses in the manner prescribed by the Telecommunications Administration Centre.
The service numbers of telecommunications shall be arranged so that the public emergency number shall be 112 and the emergency number to the police shall be 10022 throughout the country. The public emergency number shall provide access to all the emergency services prescribed by the Telecommunications Administration Centre.
The use of other service numbers shall be arranged in the manner prescribed by the Telecommunications Administration Centre.

Section 5
Connecting the equipment of a telecommunications service operator to a public telecommunications network
The exchange equipment and other equipment of a telecommunications service operator shall be connected to the public telecommunications network of a telecommunications network operator in the manner prescribed by the Telecommunications Administration Centre. The Telecommunications Administration Centre shall provide for the interface specifications of the public telecommunications network and the Ministry shall provide for the technical classifications of telecommunications operators.
The telecommunications network operator shall offer the telecommunications service operators a possibility themselves to open, manage and close the telecommunications connections of their user in mobile communicating.
The interconnection referred to in paragraph 1 may be arranged when the telecommunications service operator has shown to the Telecommunications Administration Centre that the telecommunications operator meets the requirements referred to in section 26.

Section 6
Interoperability of telecommunications services
The systems of the telecommunications operators shall be connected through a telecommunications network so that telecommunications services are generally available.
The Telecommunications Administration Centre shall issue provisions on the telecommunications services the interoperability of which shall be guaranteed.
The interconnection referred to in paragraph 1 may be effected when
1) the systems to be connected comply with the technical specifications in force in Finland, and when
2) the telecommunications services, defined separately, used by the telecommunications operators are compatible.

Section 7
Termination of the right to connect
If the operations of a telecommunications service operator are proven to cause immediate serious danger to or interference in other telecommunicating in a public telecommunications network, the telecommunications network operator shall have the right to disconnect the equipment of the telecommunications service operator from the public telecommunications network if the danger cannot be prevented or the interference cannot be stopped in another way. The telecommunications network operator shall immediately submit a notification of the disconnection to the Telecommunications Administration Centre, which shall decide on the measures necessary pursuant to the Telecommunications Market Act. The provisions of section 47 of the Telecommunications Market Act shall be applied to a liability in damages.

Section 8
Interconnection of telecommunications networks
The public telecommunications networks of telecommunications network operators shall be interconnected in accordance with section 10, paragraphs 1 and 2 of the Telecommunications Market Act. The interconnection shall be effected without delay after a written request. If an agreement cannot be reached, the Ministry shall decide the matter in compliance with the provisions of section 10, paragraph 5 of the Telecommunications Market Act.
The Telecommunications Administration Centre shall provide for the essential requirements referred to in section 4, paragraph 14 of the Telecommunications Market Act to be applied in interconnection as well as for the internal codes and the principles of their usage.

Section 9
Telecommunications within a telecommunications area and in mobile networks
The telecommunications operators shall agree on the interconnection of telecommunications networks and services in operation within a telecommunications area so that telecommunications are possible between all subscriptions in the telecommunications area. A telecommunications operator with a significant market power shall accept all reasonable interconnection requests.
The principle of paragraph 1 shall be applied to mobile communications networks and services.

Section 10
Availability of long-distance telecommunications services
All the subscriptions within a telecommunications area shall have access to all the long-distance telecommunications services provided generally in the telecommunications area.

Section 11
Interconnection between long-distance telecommunications services
The telecommunications operators shall have the right to interconnect long-distance telecommunications services if the operating areas of their long-distance telecommunications overlap in whole or in part.
If an agreement on interconnection cannot be reached between telecommunications operators engaged in long-distance telecommunications, the telecommunications between telecommunications services shall be routed through international telecommunications services in the manner provided for in section 12.

Section 12
Interconnection between long-distance telecommunications services and international telecommunications services
Telecommunications to international telecommunications services shall be routed to a telecommunications operator engaged in international telecommunications through the long-distance telecommunications service indicated by it, unless otherwise agreed upon by the telecommunications operators or unless otherwise provided for in section 14, paragraph 1.
A telecommunications operator engaged in international telecommunications may not agree with telecommunications operators established abroad that telecommunications coming from abroad to Finland to a telecommunications area or a part thereof or to a telecommunications network or a telecommunications service are routed solely or mainly to its telecommunications network if the said telecommunications are possible also through another telecommunications operator engaged in international telecommunications in Finland.
Access to all local telecommunications services shall be arranged from all public international telecommunications services.

Section 13
Interconnection of mobile communications services
The provisions of sections 10-12, 22 and 24 shall not be applied to interconnection of mobile communications services, with the exception of the selection of the 00 connection in accordance with the provisions of section 24.
Telecommunications to mobile network services shall be routed to a telecommunications operator engaged in mobile communications through a long-distance telecommunications service or with a direct connection between long-distance telecommunications services.

Section 14
International telecommunications
Subject to the restrictions of its license, a telecommunications operator engaged in international telecommunications may transmit telecommunications between its international transmission lines and long-distance telecommunications services. Interconnection between another telecommunications service and an international telecommunications service shall be allowed only when separately so ordered by the Ministry.
A telecommunications operator shall ensure that the volume of telecommunications from its international transmission lines to Finland is not more than 20 percent higher than its volume of telecommunications to international transmission lines from Finland. The control period shall be the period referred to in paragraph 4.
The Ministry may grant exemptions from the provisions of paragraph 2, where necessary.
A telecommunications operator engaged in international telecommunications shall submit to the Ministry three times a year a report showing the volume of telecommunications referred to in paragraph 2.
A telecommunications operator shall, on request, submit to the Ministry the agreements it has concluded with foreign telecommunications operators.

Section 15
Responsibility for arranging interconnection
The arranging of the interconnection referred to in sections 10 and 12 above shall be the joint responsibility of the telecommunications operators referred to in the sections.

Section 16
Interconnection fees and cost-calculation systems
A telecommunications operator with a significant market power which offers interconnection to its telecommunications networks or services shall comply with the provisions of this section.
The interconnection fees shall be public, sufficiently itemized and reasonable with regard to the costs incurred. The interconnection fees may also cover a reasonable profit on invested capital.
Sufficiently itemized price lists with terms shall be published on the interconnection fees.
A telecommunications operator shall introduce a calculation system the description of which shall show the standards of costs and accounting systems used as well as the division of interconnection costs and partial costs into main divisions as well as the rules of division.
A telecommunications operator shall submit a description of the calculation system of interconnection to the Ministry. The Ministry shall be deemed to have approved the use of the calculation system if it does not notify otherwise within a month from the submission of the description. The descriptions of the calculation systems shall, after the approval of the Ministry, be available for the public.

Section 17
Collection of telecommunications fees
A telecommunications operator that has concluded a subscription contract shall, under terms agreed upon by the telecommunications operators, be liable to collect the telecommunications fees for the facilities of other telecommunications operators used from the subscription or to issue sufficient information for the invoicing of the services.
If a telecommunications operator whose facilities have been used notifies that it shall collect the telecommunications fees itself from designated subscribers of another telecommunications operator, the telecommunications operator that has concluded the subscription contract may not after a reasonable transition period collect fees for these facilities.
A telecommunications operator whose facilities have been used may collect all its telecommunications fees itself. The telecommunications operator that has concluded the subscriber contract shall, in that case, upon request, issue this telecommunications operator information on the subscription numbers of the subscriptions from which the said facilities have been used as well as of the name and address of the party liable to pay the fees from each subscription.
A telecommunications operator shall during a telecommunication transmit to another telecommunications operator information on the subscription number of the subscription which is liable to pay for the telecommunication. If the transmission is not technically possible, the telecommunications operator that has concluded the subscription contract shall issue to the telecommunications operator which collects the telecommunications fees itself information on the number, time, duration and other user-specific invoicing information of the facilities used.
If the telecommunications operator that has concluded the subscription contract cannot, due to technical reasons, issue the itemized subscription-specific information in accordance with paragraph 4, it shall collect the telecommunications fees without a compensation.
A telecommunications operator that has concluded the subscription contract and which can issue the information in accordance with paragraph 4 shall have the right to demand that the other telecommunications operator referred to in paragraph 1 collects its telecommunications fees itself after a reasonable transition period.

Section 18
Amendments to the interconnection contracts
Should a contract relating to interconnection not comply with the provisions issued thereon, the telecommunications operators shall amend it within a reasonable period set by the Ministry.

Section 19
Publicity and availability of information
A telecommunications operator with a significant market power shall publish and make available the terms for interconnection with itemizations to the telecommunications operators requesting interconnection. In addition, the telecommunications operators requesting interconnection shall be notified of any amendments to the terms of interconnection which are intended to be realized within the following six-month period unless the Ministry decides otherwise.
The interconnection contracts shall be submitted to the Ministry in a complete form where they shall be made available to the public with the exception of sections ordered by the Ministry which handle the business strategy of the parties.

Section 20
Telecommunications ending in a local telecommunications service
A telecommunications terminal equipment may be connected to more than one subscription. Telecommunications to the telecommunications terminal equipment shall, in that case, be routed through the telecommunications service indicated by the selection of the called number unless otherwise provided for in paragraph 2.
The holders of subscriptions referred to in paragraph 1 shall have the right to agree with the telecommunications operator that has assigned any one of the said subscriptions that the telecommunications to the telecommunications terminal equipment shall be routed through the local telecommunications services of the said telecommunications operator notwithstanding the called number.
The Telecommunications Administration Centre shall issued further provisions on the application of this section.

Section 21
Selection of a telecommunications service
When technically possible and not otherwise provided for in this Decision, a household user shall have a permanent possibility to select the long-distance telecommunications service or international telecommunications service on a call-to-call basis.
The telecommunications operator may offer household users only such selection-barring service which does not discriminate against any competing telecommunications operators.
When the user has selected a long-distance telecommunications service or an international telecommunications service, the telecommunications operator may not route the telecommunications through another telecommunications service unless otherwise mutually agreed upon by the telecommunications operators. The costs for the mutual agreement may not increase the price to be collected from the user for the facility.

Section 22
Selection of a long-distance telecommunications service
A telecommunications operator shall, by an order of a user and free of charge, arrange the selection of a long-distance telecommunications service so that a call without a code shall be routed to a long-distance telecommunications service indicated by the user in advance. A telecommunications operator may not offer such service to households unless the user has a simple possibility to select also a corresponding long-distance telecommunications service from other telecommunications operators on a call-to-call basis.

Section 23
Selection of an international telecommunications service
A selection-barring of the 00 prefix may not be arranged through measures to be realized in public telecommunications unless all international telecommunications from the subscription are barred simultaneously. Routing of telecommunications without a code may not be agreed upon with the user.

Section 24
Selection without a code, uncoded communications
Should the user not select a code for a long-distance telecommunications service or an international telecommunications service, the call shall be routed to a long-distance telecommunications service or an international telecommunications service that can transmit the connection. If several such services exist, the call shall be routed to them as provided for in paragraphs 2 and 6 and in sections 22 and 23.
The telecommunications operators shall route the uncoded communications within each telecommunications area in a ratio which shall be obtained by dividing the total volume of minutes of the calls selected with the code of the said telecommunications operator by the volume of minutes of all the calls selected correspondingly. The Telecommunications Administration Centre shall be responsible for controlling the ratio at intervals of 2-6 months.
The uncoded communications shall be divided in the manner referred to in paragraph 2 between such telecommunications operators whose services are available for all users without concluding a specific contract on the subscription or telecommunications service.
The uncoded communications shall be routed to different telecommunications services randomly weighted in the manner provided for in paragraph 2. The price of the uncoded communications shall be determined as referred to in paragraph 4 in accordance with the network selected at random and, in international telecommunications, also in accordance with the country of destination.
The price to be collected for uncoded communications shall belong to the telecommunications operator through the telecommunications service of which the telecommunications have been routed.
Unless the telecommunications operators are able to reach an agreement on the arrangement of uncoded communications within a month from the introduction of the new usage of the telecommunications service, the Telecommunications Administration Centre shall decide on the routing of telecommunications on request by a telecommunications operator engaged in telecommunications service operations.

Section 25
Compensation of the costs for interconnection
A telecommunications operator with a significant market power shall offer all telecommunications service operators interconnection under non-discriminatory terms and at a reasonable price in view of the costs.
If the interconnection should cause changes in the terminal equipment or software of the network of a telecommunications network operator, the telecommunications service operator shall agree with the telecommunications network operator upon the acquisitions required by the changes and the compensation of the costs on the basis of actual costs.

Section 26
Specifications
The Telecommunications Administration Centre shall, under section 37 of the Telecommunications Market Act, issue technical specifications on:
1) the inspection and approval of the equipment of a telecommunications operator;
2) the operational conditions of the equipment which are necessary for ensuring the quality of the equipment, the reliability of operations and the quality of the transmitted telecommunications;
3) the codes of telecommunications operators; as well as on
4) the technical codes of telecommunications networks.

Section 27
Authority of the Telecommunications Administration Centre
The Telecommunications Administration Centre shall have the authority:
1) to discharge, on application, a telecommunications operator from the responsibility to interconnect in accordance with sections 10, 12 and 13 for a special reason and for a fixed period;
2) for substantiated reasons, to issue orders in an individual case on the arrangement of interconnection where it, if arranged in accordance with this Decision, would be technically inappropriate;
3) to order, for a special reason, that the connections of a telecommunications service operator shall be disconnected from the public telecommunications network; as well as
4) to make minor alterations in the borders of telecommunications areas after requesting the opinion of the representatives of the users.
The telecommunications bill of the user shall, in cases referred to in paragraph 1, subparagraphs 1 and 2, be constituted in the same manner as it would be if the interconnection were arranged in accordance with this Decision.
Section 28
Entry into force and provisions to be repealed
This Decision shall enter into force on 1 June 1997, with the exception of sections 16 and 19, which shall enter into force on 1 January 1998, however, so that section 19, paragraph 1 shall be applied to public telephony services in fixed telecommunications networks from 1 July 1997.
This Decision shall repeal:
1) the Decision of the Ministry of Transport and Communications on the Interconnection Traffic between Telecommunications Operators (1996/504);
2) the Decision of the Ministry of Transport and Communications on the Connection of Service Operators to a Public Telecommunications Network (1996/505);
3) the Decision of the Ministry of Transport and Communications on the Numbering of Telecommunications Networks (1996/500);
4) the Decision of the Ministry of Transport and Communications on the Uncoded Communications in Long-Distance Telecommunications (1994/32/1136); as well as
5) the Decision of the Ministry of Transport and Communications on the Uncoded Communications in International Telecommunications (1996/32/323).

 

 

 

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