Circular 07/2015/tt-Btttt: Regulation On The Telecom Connection

Original Language Title: Thông tư 07/2015/TT-BTTTT: Quy định về kết nối viễn thông

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MEDIA AND MEDIA
Numbers: 07 /2015/TT-BTTTT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 24, 2015

IT ' S SMART

The New York City connection. g

_____________

The Telecommunications Law Base November 23, 2009;

Base of Protocol 25 /2011/NĐ-CP April 6, 2011 of the Government rules the details and guidelines for some of the provisions of the Telecommunications Law;

Base of Protocol 132 /2013/NĐ-CP October 16, 2013 of the Government rules the functions, duties, powers, and organizational structure of the Ministry of Information and Communications;

On the recommendation of the Director of the Bureau of Telecom,

The Minister of Information and Communications issued a regulation of the telecommunications connection.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information regulates the telecommunication connection (later called connectivity) between public telecommunications networks, telecom services of telecommunications enterprises in Vietnam, including: standards, quality, connection prices; negotiation, signing, implementation, and more. solved the dispute over connection; sharing the technical infrastructure of the connection.

What? 2. Subject applies

It applies to state, organization, and individual management agencies that are involved in connectivity between public telecommunications networks, telecommunications services of telecommunications enterprises in Vietnam.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. Connection location is the site of the installation of a telecommunications device system with a switching function, routing, control, traffic monitoring which is conveyed between the two telecommunications networks connected to each other.

2. Connection path is the transmission line connecting the two connected sites that are able to transmit traffic between the two networks connected to each other. The connection capacity is the capacity of the connection path.

3. Connection Device is the transmission device set at the connection site that is able to transmit the traffic between the two networks connected to each other.

4. Connection point is the point on the connecting road, deleking the economic and technical responsibility line between the two telecom enterprises participating in the connection.

5. Business provides connections is a telecommunications business that is required by other telecommunications businesses to provide connections.

6. Business requires connections is the telecom business that requires other telecom businesses to offer connections.

7. Connection Agreement is the economic and technical agreement signed between telecom enterprises that cater to the purpose of connectivity between public telecom networks, telecom services.

Chapter II

ECONOMIC REGULATION, CONNECTIVITY ENGINEERING

What? 4. Location

1. The connection venue will be due to the participating businesses that connect the deal through the negotiation on the basis of the selection of any connection location on the following technical telecommunications network:

a) General telephone telephone network (PSTN): gross domestic radio station (host/tandem), long-distance operator (Toll); international operator (international gateway);

b) Public ground mobile network operator (PLMN): mobile switching operator (MSC/SGSN); mobile switching port operator (GMSC/GGSN);

c) The switching system, the following generation network routing (NGN);

d) The Centre for Internal Media, Long Road, International;

Other connection sites are connected by businesses that connect the agreement, but are not in violation of the connection regulations at Article 42, Article 43 of the Telecommunications and Information Act.

2. The number, cost, and method of setting the connection venue connected by the businesses involved the agreement but is not in violation of the connection regulations at Article 42, Article 43 This Telecommunications and Information Act.

3. In cases of agreement on the connection venue of telecom enterprises that violate the principle of ensuring sustainable development of the telecommunication market; safety of telecom infrastructure, information security; rights, the legitimate interests of the user. Telecommunications services, the Telecommunications Department will require businesses to renegotiate.

4. In the case of uncompromising telecom businesses together, the Department of Telecom will decide the location of connectivity between businesses.

What? 5. Use the connection location

1. Using a connection position is the communication of the telecommunications business that is unified in terms of location, connection equipment installation, connection equipment (power source, regulation, etc.) at the connection point and the specific location of the connection point.

2. The format uses the connection point:

a) Use the common connection point: the business requires the connection to be responsible for the initial setup cost of the transmission path to the connection; the business provides the connection of the site to the installation of connection equipment, the auxiliary device serving the connection. (electricity, regulation, etc.) and other necessary conditions (operating, maintenance of equipment, etc.) at the site of their connection.

In this case the connection point will be a point located on the centre-line coordination price (DDF, ODF or MDF) at the connection location of the business providing connectivity due to participating businesses connecting the specified agreement;

b) Use the virtual connection point: the participating businesses secure the position of installing its connection equipment; the connection of the connection path and each party is subject to the cost of investment, installation, operation, maintenance of connection equipment at the site of the site. My connection.

In this case, the connection point will be a point located on the connection path provided by the participating businesses to connect the specified agreement.

3. Except for another regulation of law or other agreement by participating businesses, unity applies the principle of sharing the common connection point in all the permitted conditions, aimed at raising the quality, reducing the cost of ending the end of the contract. linking and facilitation of the businesses involved in the connection.

What? 6. Standards, Quality of connection

1. The interface standard, signaling, clock of the connection device:

a) The connection interface provided by the participating businesses connects the agreement on the basis of compliance with relevant technical standards and standards provided by the Ministry of Information and Communications;

b) Unless the case has another agreement between telecom enterprises, signage between the unified connection-to-link communication networks using the No. 7 signaling system on the basis of compliance with relevant technical regulations and standards set by the Ministry of Information. and the media is required to apply;

c) The network of the business that requires the connection can take the direct synchrony signal from the business 's standard clock providing connections to synchrony to its network or according to the clock provided through the enterprise' s telecom devices that provide connectivity. at the point of connection with my master hierarchy. Synchrony clocks must comply with relevant technical regulations and standards provided by the Ministry of Information and Communications.

2. Quality of connection:

a) The connection that the connection applies to the specified index at an appendix 1 issued with this message;

b) The level of the effective use of the connection applies to the specified designation in appendix 02 attached to this message;

c) The total capacity of the connection is determined by the prescribed method at the appendix 03 issued by this message.

What? 7. The connection price

1. The connection price is built on a price basis, a reasonable separation in the constituent parts of the network or under the service segment directly related to the implementation of the network's telecommunications networks and policy toward the telecom market. Well, the telecommunication service in time.

2. Based on the actual situation in each period, the Ministry of Information and Communications issued a connection to the telecommunications network of each telecommunication enterprise or telecom enterprise group (market leader business group, business group). other, etc.) on the basis of the connection price of each business or the average connection price of the business group.

3. By the requirements and regulations of the Ministry of Information and Communications, telecom enterprises have the responsibility to build the price of the connection and propose the connection price that reports the Ministry of Information and Communications review, the decision.

4. Businesses enter a connection that is responsible for setting up a technical system, a career used to write, to control the number of services that cater to the payment of connection values.

5. Based on the actual business situation of every single service, of every business, the participating businesses connect the agreement on the time to take control of the data control and payment of the connection price. Except for other agreements, businesses implement data control and payment of the connection price per month.

Chapter III

NEGOTIATION, SIGNING AND IMPLEMENTATION OF THE CONNECTION AGREEMENT

What? 8. Register the Model connection Agreement

1. In the 30-day period of work, since the telecommunication business day is defined as the telecom business that holds the essential vehicle, the business must build, send directly or through the postal road to the Telecommunication Department 01. A sample connection. Telecom businesses are not the telecom business that holds the essential vehicle that can build itself, enact the Model connection Agreement, which does not need to register with the Telecommunications Bureau, on the basis of compliance with regulations at this Smart to apply. With the telecommunications business.

2. The registration of the template connection agreement includes:

a) The proposed application of the Agreement to connect the marked and signed pattern of the representative by the statutory law of the business according to the sample of the 4-issued appendix 4;

b) The template connection agreement;

c) Economic documentation, techniques that are related to the content in the sample connection agreement (if any).

3. The sample connection agreement must include a minimum of specified content at paragraph 2 Article 13 of this.

What? 9. approx the template connection agreement

1. The Telecommunication Bureau is responsible for review, notification of acceptance or non-approval (stating the reasons not to approve) The business ' s sample connection agreement in the 20-day period of work since the date of receiving full registration records and registration. valid.

2. The Telecommunications Bureau will not approve the sample connection agreement in the following case:

a) A sample connection agreement violates the economic, technical, Article 4, Article 5, Article 6, Article 6, Article 7 of this, the provisions of the law of telecommunications and other relevant laws;

b) The sample connection agreement has the content that damages the legal rights and interests of other telecom enterprises or the users of the telecommunication service.

3. After being approved by the Telecommunications Bureau to connect the template by writing, the telecom business holds the essential means of issuing and publicly announcing the Model connection agreement to apply unity, not to distinguish it from all of its members. Businesses require connections.

What? 10. Supplements, modify the template connection agreement

When it is necessary to add, modify the Telecommunication Enterprise Model connection agreement that holds the essential means of registering the registration of the template connection agreement as first registered at Article 8, Article 9 This Information .

What? 11. Request to connect

The business requires the connection to submit a written connection request to the business that provides the connection. The content request content must include a minimum of the following information:

1. Time, the location of the connection agreement negotiation.

2. Network type, connection service.

3. The location of the possible connection on the network.

4. The form of shared use of the connection position.

5. Standards, the technical standard of connection equipment; connection interface; signage, clock in connection, etc.

6. The minimum connection capacity for the next 12 months.

7. Quality of connection quality (connection congestion, connection efficiency, etc.).

8. Method, duration of data control and connection value payment.

9. Share the technical infrastructure that serves the connection.

10. The contact information.

11. Other information (if any).

What? 12. Answer the connection request

In the 7-day period of work, since the date of receiving a document of connection, the business provides a connection with the responsibility of answering the business that requires a written connection to the approval of the connection agreement negotiation (stating the time, the negotiation venue). statement the connection agreement) or the agreement to negotiate a connection agreement (stating the reasons for not accepting).

What? 13. Negotiate and conclude Agreement

1. In the course of the 7 working days, since the day of the business that requires the connection to receive a written agreement to negotiate the connection agreement, the parties to the connection must begin to conduct a negotiated Agreement agreement.

2. The content negotiation Content Agreement consists of a minimum of the following content:

a) Request, principle of connection;

b) The procedure, the connection procedure;

c) Network type, connection service;

d) The location of the possible connection to the network;

(e)) The form of general use of the connection position;

e) A connection volume;

g) The standard, connection of connected device engineering, connection interface, signaling, clock in connection, v.v;

h) Only the quality of connection (congestion connection, connection efficiency, etc.);

i) The method, the data control deadline and the connection price payment;

l) Process execution when there is a change (addition, reduction) of service, connection capacity;

l) The solution to secure infrastructure safety, information security in connection;

m) The coordination process corrects the incident, restoring information;

n) Share the engineering infrastructure of the connection;

o) The dispute resolution, compensation, complaint in the implementation of the connection;

p) the rights and obligations of the parties in the implementation of the connection;

q) The contact information.

3. For telecom businesses that hold the essential medium, the Contracting Agreement Agreement with other businesses must be built, negotiated on the basis of the contents of the sample connection agreement was approved by the Telecommunications Bureau.

4. Unless the case has another agreement, for a 30-day period of work, since the date of the start negotiation of the connection agreement, the parties to negotiate the connection agreement must complete the negotiation and sign the connection agreement.

What? 14. Negotiations and contracting contracts to provide a connection capacity

1. During the 7 working days, following the signing of the connection agreement, on the basis of a signed connection agreement, the participating businesses must proceed to conduct negotiations and sign contracts to provide a connection capacity according to contract regulations.

2. Unless the case has another agreement, for a 30-day period of work, since the date of the start of the contract negotiation provides a connection capacity, the participants must complete the negotiation and the contract signing provides the connection capacity.

What? 15. Make a connection

Except for the other agreement, for a 15-day period of work, since the date of the contract signing date of the connection capacity, the businesses involved in the connection are responsible for the full implementation, the content of the Agreement of Conduct and Contract Agreement. co-supply of the connection capacity has been signed between the parties.

Article 16. Change the connection capacity

1. When the need to change (increase or decrease) the amount of connection capacity to ensure the quality of connection, the business requires that a change of the connection capacity is responsible for sending a written request to the relevant telecom business. The required text must include a minimum of the following content:

a) The purpose of change;

b) The figures demonstrate the need to change the capacity;

c) The volume needs to change;

d) Time for execution.

2. In a 7-day period of work, since the date of receiving the text required to change the connection capacity, the telecom business received a request to have an answer to the approval or not the approval of the connection capacity (stating the reason). I don't approve.

3. Unless the case has another agreement, for a 15-day period of work, since the day the business agrees to change the amount of connection, the businesses are responsible for making changes to the connection capacity in accordance with the agreement between the parties.

Article 17. Connection execution report

1. The annual flag before January 31 or a break when required, the telecom business is responsible for sending the previous year's connection to the situation by the Office of the Telecommunications Office at appendix 05 issued by this message. by postal or online route online.

2. The telecom business is responsible for the accuracy and timing of the report content.

3. In case of necessity, when there is the request of the Department of Telecom, the telecom business is responsible:

a) The accuracy of the report;

b) Bachelor in coordination and provides the necessary equipment to the Telecommunication Department to test the accuracy in the telecommunications business ' s report.

Chapter IV

SHARING TECHNICAL INFRASTRUCTURE IN CONNECTION WITH

What? 18. The principle of sharing the technical infrastructure that serves the connection

1. Share the connectivity engineering infrastructure is the use of a share of the network, the work, the telecommunication device among the participating businesses to reduce costs and enhance the quality of connection.

2. To ensure the implementation of effective, favorable connectivity, expeditiate telecom enterprises are responsible for sharing the following technical infrastructure:

a) Technical infrastructure (sewers, tanks, trenches and yet technical nen, cable pole, antenna column, etc.) to establish connection paths;

b) The station house and auxiliary equipment serve connectivity (power source, regulation, wire coordination, cable gutters, etc.) within the connection of the connection location.

3. The sharing of the connection engineering infrastructure is made through the delivery of the lease of the technical infrastructure that serves the connection between the parties on the basis of fair, fair guarantee, not discriminated against, in accordance with the rule of the law. The telecommunications law is connected.

4. Telecommunication businesses share a technical infrastructure that is responsible for faciliteming other telecom enterprises:

a) Rent a regulatory engineering infrastructure at paragraph 2 This and ensure that other necessary conditions serve the connection;

b) Installation, operate, maintenance, repair equipment at the connection point.

5. Telecommunication businesses share a responsible technical infrastructure:

a) Compliance of safety, security of the telecom business sharing the technical infrastructure;

b) The notification for the telecom business sharing a technical infrastructure knows the planned installation, operation, maintenance, repair of the device connected within the scope of the connection location before execution;

c) The lease of the technical infrastructure to serve the connection under contract between the parties.

What? 19. The lease of the technical infrastructure serving the connection

1. The lease of the infrastructure engineering infrastructure is built on the basis of value according to the regulation of the law on price and in terms of telecommunication.

2. The telecom business deals with the lease of the infrastructure infrastructure serving the connection.

What? 20. Signs of the lease of the technical infrastructure serving the connection

1. Except for another agreement, the lease of the infrastructure that serves the connection is part of a contract that provides a connection capacity.

2. In the event that the lease of a technical infrastructure serving a connection is a private contract, the negotiation, the signing of the lease of the engineering infrastructure, the connection to the connection is made simultaneously with the contract to provide a connection capacity.

Chapter V.

RESOLVE DISPUTES IN CONNECTION

What? 21. Content disputes in telecom connectivity

The dispute in the telecommunication connection includes:

1. The dispute over the connection agreement.

2. The dispute over the supply of connected capacity.

3. The dispute over the sharing of technical infrastructure serving the connection.

4. Other disputes with the implementation of a telecommunication connection.

What? 22. The procedure for resolving disputes

1. The telecom business requires a dispute resolution responsible for sending directly or through the postal road 1 set of files on the Department of Telecom.

2. The filing offer to resolve the minimum dispute must include:

a) The proposed settlement of the dispute with the sign and signature of the representative of the representative under the law of the telecommunications business in appendix 06 issued by this message;

b) The evidence, the relevant document (if any).

3. The Telecommunications Service has a responsibility to review, gather information, the evidence is relevant. The disputed parties are obliged to provide full information, evidence at the request of the Department of Telecom.

4. During the 30-day period of work, since the date received full notice of the dispute resolution, the Bureau of Telecommunications is responsible for organizing the association between the parties involved. The resulting trade was established as the signature of the signature of the representative by the law of the parties to the trade and the Bureau of Telecom.

5. If the union of the relevant parties is unionated by the disputes, the parties follow the agreed agreement. In the case of the relevant parties that did not agree to be contested by the disputed contents of the 15-day period since the signing of the treaty, the Bureau decided to resolve the dispute.

6. During the dispute resolution, the Telecommunications Bureau may review, deciding that the parties guarantee the correct connection to the status quo before the dispute or issue of another solution to ensure the connection, in the case:

a) Secure the public interest or the integrity of the telecom network;

b) The dispute that affects the operation of other telecom business;

c) To ensure the rights of the users of the telecommunication service, ensure the accessibility of the users of the telecommunication service to emergency contacts;

d) To ensure utility telecommunications;

Other cases by the Ministry of Information and Communications.

7. The dispute parties have the obligation to enforce the decision to resolve the dispute resolution of the Department of Telecommunications, including the case of disagreeing with the decision to resolve the dispute and have the right to complain, the prosecution under the rule of law.

Chapter VI

EXECUTION CLAUSE

What? 23. Effect of execution and execution

1. This message has been in effect since 10 May 2015.

2. This information replaces the number Decision 547 /1998/QĐ-TCBE 03/9/1998 of the Directorate General of the Post Office on the promulgation of temporary regulation connecting the public telecom networks of businesses that provide telecom services and digital decision-making. 12 /2006/QĐ-BBCVT On April 26, 2006 of the Ministry of the Post Office, the Telecommunications Board of the Telecommunications of Public Service provides a connection between public telecommunications networks.

3. Chief of Staff, Chief Inspector, Chief of the Department of Telecommunications, Head of the Agency, Unit of the Ministry; General Manager, Director of Telecommunication and Organizational Telecommunications and organizations, the relevant individual responsible for this private practice.

4. In the course of execution, if there is an entangriation, the agencies, organizations and individuals involved in a timely reflection of the Ministry of Information and Communications for consideration, resolve.

Minister.

(signed)

Nguyen North Son