CELCOM AXIATA BERHAD CELCOM MOBILE SDN BHD CELCOM NETWORKS SDN BHD (FORMERLY KNOWN AS CELCOM TRANSMISSION (M) SDN BHD) ACCESS REFERENCE DOCUMENT

Transcription

1 CELCOM AXIATA BERHAD CELCOM MOBILE SDN BHD CELCOM NETWORKS SDN BHD (FORMERLY KNOWN AS CELCOM TRANSMISSION (M) SDN BHD) ACCESS REFERENCE DOCUMENT 01 January 2013

2 TABLE OF CONTENTS Page 1. Introduction 3 2. Legislative background 3 3. Commencement and duration of the ARD 5 4. Amendments to ARD 5 5. Availability of ARD 6 6. Facilities and Services:- 6.1 Fixed Network Origination Service Fixed Network Termination Service Mobile Network Origination Service Mobile Network Termination Service Interconnect Link Service Infrastructure Sharing Service Network Co-location Service Transmission Services:- (a) Domestic Network Transmission Service 21 (b) Domestic Connectivity to International Service 21 (c) Broadcasting Network Transmission Service 22 2

3 1. INTRODUCTION 1.1 This Access Reference Document (ARD) is made by:- Celcom Axiata Berhad (Company No: A), Celcom Mobile Sdn Bhd (Company No A) and Celcom Networks Sdn Bhd (formerly known as Celcom Transmission (M) Sdn Bhd ) (Company No V), companies incorporated under the laws of Malaysia and having its registered office at Level 5, Axiata Centre, 9 Jalan Stesen Sentral 5, Kuala Lumpur Sentral, Kuala Lumpur. (collectively herein after referred to Celcom ) on 01 January 2013 pursuant to :- (iii) Subsection of the Commission Determination on the Mandatory Standard on Access (Determination No.2 of 2005) and subsection 3(c) of the Variation to Commission Determination on the Mandatory Standard on Access, Determination No.2 of 2005, (Determination No. 2 of 2009) ( MSA Determinations ); Commission Determination on Access List Determination No. 1 of 2005 and Variation to Commission Determination on Access List, Determination No.1 of 2005 (Determination No.1 of 2009) ( Access List Determination ); and Commission Determination on the Mandatory Standard On Access Pricing (Determination No.1 of 2012) 1.2 This Access Reference Document is hereby referred to as Celcom s ARD. 2. LEGISLATIVE BACKGROUND 2.1 Subsection of Commission Determination on the Mandatory Standard on Access (Determination No.2 of 2005) Each Access Provider shall prepare and maintain an ARD in relation to Facilities or Services on the Access List Determination which that Access Provider provides to itself or third parties and which; contains terms and conditions which are consistent with the rights and obligations set out in the MSA Determination; and does not include terms and conditions which are inconsistent with the rights and obligations set out in the MSA Determination. 2.2 The Facilities and Services listed in the Access List Determination are provided under this ARD by the entities of Celcom collectively insofar as they are authorised by their respective Licences. However, in the event any of the 3

4 entities of Celcom ceases to be licensed to provide any or all of the Facilities or Services, the remaining entities of Celcom are not obliged to provide such Facilities or Services to the Access Seeker, except where one or more of remaining parties are licensed to provide such Facilities or Services. 2.3 Where relevant, the rights and obligations set out in the MSA Determinations shall be applicable to Celcom s ARD. 2.4 Celcom considers Celcom s ARD to be consistent with: the standard access obligations stipulated under Section of the MSA Determination and section 149 of the Communications and Multimedia Act 1998 ( the Act ) ; and the principles of non-discrimination stipulated under Sections and of the MSA Determination. 2.5 For the purposes of clarification, the terms and conditions of Celcom s ARD are only applicable to the Facilities or Services on the Access List Determination. If the Access Seeker requests Facilities or Services outside Celcom s ARD, the terms and conditions for the provision of such Facilities or Services shall remain outside the scope of Celcom s ARD. 2.6 The drawings, diagrams in this ARD are merely for illustration purposes only. 2.7 If an Access Seeker requests Celcom to provide it with Facilities or Services other than on the terms and conditions contained in Celcom s ARD, Celcom and the Access Seeker will: negotiate in good faith in relation to such terms and conditions; and enter into and conduct negotiations in a timely manner. Additional Services 2.8 In addition, the Operators are free to consider Celcom s ARD when negotiating the terms and conditions for the supply of other Facilities or Services that are not listed in the Access List. Making the Access Reference Document 2.9 Subsection of Commission Determination on the Mandatory Standard on Access (Determination No.2 of 2005) Each Access Provider shall ensure that an ARD prepared by it shall; (a) be in writing (which includes legible electronic format) 4

5 (b) (c) (d) (e) (vi) contain all information required to be included under this subsection 5.3 be accurate (please refer to item 2.10 below). be consistent with; (a) The Act (b) This MSA Determination; and (c) Any applicable decision or determination of the Malaysian Communications and Multimedia Commission ( SKMM ); and be made available to an Access Seeker on request in paper form at the operator s principal place of business in Malaysia and on a publicly accessible website Subsection 3 (c) of the Variation to Commission Determination on the Mandatory Standard on Access (Determination No.2 of 2009) Subsection (d):- be modular, so that details about the terms and conditions, including the rates, for each of the Facilities and Services are available individually and separately under an ARD;.. 3. COMMENCEMENT AND DURATION OF THE ACCESS REFERENCE DOCUMENT 3.1 Celcom s ARD comes into force and takes effect immediately from the date referred and continues until the earlier occurrence of: (iii) the expiry of the ARD terms; or a Review; or withdrawal in accordance with this Celcom s ARD 3.2 Celcom s ARD has no effect on contractual arrangements for the supply of Facilities and Services by Celcom to an Access Seeker prior to the commencement date unless and until such contractual arrangement is subsequently renegotiated and agreed between Celcom and the Access Seekers. 4. AMENDMENT TO CELCOM S ARD 4.1 Celcom shall, within ten (10) Business Days of making any amendment to the Celcom s ARD, provide a copy of the amendments, or an amended copy of Celcom s ARD to: 5

6 the Access Seeker who is being provided with access to Facilities or Services listed on the Access List Determination under Celcom s ARD; and the Access Seeker who has requested Celcom s ARD within the period of ninety (90) days prior to the making of such amendments, unless the Access Seeker has already indicated that it does not wish to proceed with an Access Request. 4.2 If the SKMM revokes, varies or replaces the Access List Determination relating to the Facilities or Services listed on the Access List Determination under section 56 of the Act, Celcom may, by giving written notice to all Access Seekers to whom it is supplying Facilities or Services under Celcom s ARD, withdraw or replace Celcom s ARD with effect from a date no earlier than the effective date of the SKMM s revocation, variation or replacement. 4.3 Celcom shall comply with Sections and of the MSA Determination where it withdraws or varies Celcom s ARD pursuant to the above. 4.4 In addition to the above, Celcom may give the Access Seeker to whom it is supplying Facilities and Services under Celcom s ARD a notice of a variation or replacement of Celcom s ARD to effect such variations that are necessary or appropriate in the event of: the occurrence of a Legislative Event that materially affects the rights or obligations of Celcom under Celcom s ARD; or the occurrence of a Regulatory Event that relates to Celcom; or a review by the SKMM of the MSA Determination pursuant to Section 6.5 of the MSA Determination. Notwithstanding the above, Celcom may subject, replace Celcom s ARD at any time without prior notice and consent. 5. AVAILABILITY 5.1 Celcom s ARD shall be made available to an Access Seeker: on written request, at Celcom s principal place of business; and on a publicly accessible website. [the remainder of this page is intentionally left blank] 6

7 5.2 Any communication in respect of Celcom s ARD should be made in writing to: Attention: Address: Head Regulatory Management Celcom Axiata Berhad Level 15 Menara Celcom 82, Jalan Raja Muda Abdul Aziz Kuala Lumpur Facsimile: [the remainder of this page is intentionally left blank] 7

8 6. FACILITIES AND SERVICES 6.1 FIXED NETWORK ORIGINATION SERVICE Fixed Origination Server Node Calling party A# AS Gateway AP Gateway 1800X/1300X/ 1700X etc Called party B# Access Seeker Fixed Network Access Provider (Service Provider) Figure 1: Fixed Network Origination Service A Fixed Network Origination Service is an Interconnection service provided by means of a Fixed Network for the carriage of Call Communications from A party to a POI. The Fixed Network Origination Service comprises transmission and switching (whether packet or circuit) for Fixed Network-to- Fixed Network, Fixed Network-to-Mobile Network and Fixed Network-to- International outgoing calls insofar as they relate to freephone 1800 number services, toll free 1300 number services, and other similar services which require Any-to-Any Connectivity The functionalities of the Fixed Network Origination Service include: (a) transmission and switching(whether packet or circuit) and (b) the signaling required to support the Interconnection Service. Examples of technologies used in the provision of the Fixed Network Origination service include PSTN, Integrated Service Digital Network (ISDN) and other IP based networks For avoidance of doubt, freephone 1800 number service, toll free 1300 number service and call forwarding 1700 number service refer to existing services which are being provided on the above-mentioned service platform. The services may be provided using other numbering range but has the attributes of origination services. 8

9 Handover basis All calls to freephone 1800 service numbers, toll free 1300 service numbers and call forwarding 1700 service numbers shall be handed over on a Near end Handover basis VOIP Services provided by an Operator to the Customer of the Other Operator will be by way of freephone 1800 number service and the terms and conditions shall, inter alia, apply to VOIP services. Rates The applicable rates are as per the Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012). 6.2 FIXED NETWORK TERMINATION SERVICE Fixed Termination traffic Calling party A# AS Gateway AP Gateway Called party B# Access Seeker Fixed/Mobile Network Access Provider Fixed Network Figure 2: Fixed Network Termination Service A Fixed Network Termination Service is an Interconnection service provided by means of a fixed Network for the carriage of call Communications from POI to a B party. The Fixed Network Termination Service comprises transmission and switching (whether packet or circuit) for Fixed Network-to-Fixed Network, Mobile Network-to-Fixed Network and incoming international-to-fixed Network calls and messages which require Any-to-Any Connectivity. 9

10 6.2.2 The functionalities of the Fixed Network Termination Service include: (a) transmission and switching(whether packet or circuit) and (b) the signaling required to support the Interconnection service Examples of technologies used in the provision of the Fixed Network Termination service include PSTN, Integrated Service Digital Network (ISDN) and other IP based networks. Rates The applicable rates are as per Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012). 6.3 MOBILE NETWORK ORIGINATION SERVICE Mobile Origination Server Node Calling party A# AS Gateway AP Gateway 1800X/1300X 1700X etc Called party B# Access Seeker Mobile Network Access Provider (Service Provider) Figure 3 : Mobile Network Origination Service A Mobile Network Origination Service is an Interconnection Service for the carriage of Call Communications from a A party to a POI. The Mobile Network Origination Service supports Mobile Network-to-Mobile Network, Mobile Network-to-Fixed Network and Mobile Network-to-international outgoing calls insofar as they relate to freephone 1800 number services, toll free 1300 number services, and other similar services which require Any-to-Any connectivity The functionalities of the Mobile Network Origination Service include: transmission and switching (whether packet or circuit); and the signaling required to support the Interconnection Service. 10

11 6.3.3 Examples of Technologies used in the Mobile Network Origination Service would be: Global System for Mobile Communications (GSM); and International Mobile Telecommunications 2000 (IMT-2000). (iii) Worlwide Interoperability for Microwave Access (WIMAX) Handover basis All calls to freephone 1800 service numbers, toll free 1300 service numbers and call forwarding 1700 service numbers shall be handed over on a Near end Handover basis VOIP Services provided by an Operator to the Customer of the Other Operator will be by way of freephone 1800 number service and the terms and conditions shall, inter alia, apply to VOIP services. Rates The applicable rates are as per Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012). [The remainder of this page is intentionally left blank] 11

12 6.4 MOBILE NETWORK TERMINATION SERVICE Calling party A# AS Gateway AP Gateway Mobile Termination traffic Called party B# Access Seeker Fixed/Mobile Network Access Provider Mobile Network Figure 4: Mobile Network Termination Service A Mobile Network Termination Service is an Interconnection Service for the carriage of Call Communications from a POI to a B party. The Mobile Network Termination Service supports Mobile Network-to-Mobile Network, Fixed Network-to-Mobile Network, incoming international-to-mobile Network calls and messages which require Any-to-Any Connectivity The functionalities of the Mobile Network Termination Service include: (a) transmission and switching (whether packet or circuit); and (b) the signalling required to support the Interconnection Service Examples of Technologies used in the Mobile Network Origination Service would be: Global System for Mobile Communications (GSM); and International Mobile Telecommunications 2000 (IMT-2000). (iii) Worlwide Interoperability for Microwave Access (WIMAX) Rates The applicable rates are as per Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012) 12

13 6.5 INTERCONNECT LINK SERVICE Calling party A# AS Gateway Interconnect Capacity (Bearer in 2Mbps/E1 or other agreed units) AP Gateway Called party B# Access Seeker Network Access Provider Network Figure 5: Interconnect Link Service Interconnect Link Service means a Facility or Service which enables: the physical connection between the network of Celcom and the network of an Access Seeker for the purpose of Interconnection Service. ; and the interconnection of the Signalling System Number Seven (SS7) network of Celcom to the SS7 network of an Access Seeker at the signal transfer points Celcom shall not be obliged to provide to the Access Seeker Interconnect Link Service unless the Access Seeker has first applied and subscribed to:- (iii) (iv) Fixed Network Origination Service; Fixed Network Termination Service, Mobile Network Origination Service; Mobile Network Termination Service. 13

14 Celcom ARD 01 January 2013 In-span Interconnection Figure 5a: In- span The preferred mode of provisioning Interconnect Link Service between Celcom and the Access Seeker shall be In-span Interconnection subject to the following conditions:- i) the total traffic both incoming and outgoing reach 70% of STM- 1/63E1; ii) agreement between both parties on the location and the time of installation of the POI; iii) the Access Seeker holds a Network Facilities Provider Individual licence. Where In-span Interconnection is utilised between the Operators, each Operator shall pay to the Other Operator the Charges for Interconnect Conditioning Charges. For the avoidance of doubt, in the event the total traffic does not reach the above said threshold, than the parties shall agreed to proceed with Full-span Interconnection For the purposes of clarification:- (iii) such Interconnect Conditioning Charges are only payable in respect of the Gateway; no other Charges shall be payable in respect of such in-span Interconnect Link Service between the Operators unless otherwise agreed; and In-span Interconnection shall be provided by means of optical fibre circuits except where as agreed, due to location, speed or other 14

15 Celcom ARD 01 January 2013 reasons, microwave or other methods may be used to provide the Interconnection for an interim period. Full-span Interconnection Figure 5b: Full-span Interconnect Link Service provided on behalf of the Access Seeker (Full span):- (a) (b) Where Celcom provides Interconnect Link Service from its Gateway to the Access Seeker s Gateway (via the POI) for and on behalf of the Access Seeker, the Charges for Interconnect Link Service, which is inclusive of Interconnect Conditioning Charges for DTS or MSC originating and/or terminating capacity, shall apply. Where such Interconnect Link Service provided for and on behalf of the Access Seeker uses CCS7 signalling on a particular route as agreed between the Operators, then the Charges, for the provision of such circuits for both incoming and outgoing traffic (two way Interconnect Link Service) is to be based on utilisation of the Interconnect Link Service on that route. For the purpose of clarification, Interconnect Link Service shall be provided on unidirectional circuits unless otherwise agreed by the Operators. 15

16 Rates The applicable rates are as per Commission Determination on the Mandatory Standard On Access Pricing (Determination No.1 of 2012). For the purpose of clarification, the rates for full-span interconnection is as per the rates under Transmission Service. 6.6 INFRASTRUCTURE SHARING It is a facility and/or Service which comprises the following:- (a) (b) provision of physical access, which refers to the provision of space at specified network facilities to enable an Access Seeker to install and maintain its own equipment (Figure 7 and 7a); or provision of access to in-building Common Antenna Systems and physical access to central equipment room (Figure 7b) Celcom shall not be obliged to provide to Access Seeker the space at specified network facilities unless: (a) (b) (c) (d) Celcom is the legal owner of the network facilities. the Access Seeker has the appropriate license from the relevant authorities to operate the service for the purpose for which the equipment is to be installed; the Access Seeker has first obtained the approval from a third party to use the network facility (eg tower) where the tower structure of the third party resides in Celcom s compound; and there is no space constraint. [The remainder of this page is intentionally left blank] 16

17 Equipment owned and maintained by Access Seeker Antenna Access Provider Exchange Building Micr owave Access Seeker s BTS in dedicated room/floor space Access Pr ovider or 3r d Par ty Tower Figure 7 : Tower Space with Outdoor Cabin/Equipment Configuration Antenna Access Pr ovider Ex change Building Micr owave Access Pr ovider or 3r d Party Tower Equipment owned and maintained by Access Seeker Access Seeker or Access Pr ovider Cabin/Equipment/Land Figure 7a : Tower Space with Indoor Cabin/Equipment Configuration 17

18 6.6.3 Celcom shall not be obliged to provide to Access Seeker access to inbuilding Common Antenna Systems and physical access to central equipment room, unless: (a) (b) (c) (d) Celcom is the legal owner or beneficial owner of the common antennae system. the Access Seeker has the appropriate license from the relevant authorities to operate the service for the purpose for which the equipment is to be installed; the Access Seeker has first obtained the approval from building owner for access permit; and there is no space and technical constraint. Figure 7b : Common antennae system operated by a third party Rates To be commercially negotiated. 18

19 Celcom ARD 01 January NETWORK CO-LOCATION The Network Co-Location Service is a Facility and/or Service which comprises: (iii) physical co-location (Figure 8), which refers to the provision of space at Celcom s premises to enable the Access Seeker to install and maintain equipment necessary for the provision of the Access Seeker s services through the Facilities and/or Services of any operator. Physical co-location includes physical space, power, environmental services (such as heat, light, ventilation and airconditioning), security, site maintenance and access for the personnel of the Access Seeker; virtual co-location (Figure 8a), which refers to the provision of facilities or services at Celcom s premises to enable the acquisition by the Access Seeker of Facilities and Services on the Access List, where equipment is owned and maintained by Celcom; in-span interconnection, which is the provision of a POI at an agreed point on a physical cable linking Celcom s network facilities to Access Seeker s network facilities Network premises at which co-location is to be provided includes switching sites, submarines cable landing centres, earth stations, exchange buildings, other Customer Access Modules (including roadside cabinets) and such other network facilities locations associated with the provision of a Facility or Service on the Access List, and includes co- location provided d at any location where main distribution frame is housed. Figure 8: Physical Co-location 19

20 Celcom ARD 01 January 2013 Figure 8a: Virtual Co-location Celcom agrees to provide Network Co-Location at designated sites subject to the following conditions: (a) (b) (c) (d) Celcom is the sole or beneficial owner of the space to be occupied or the Access Seeker has gained permission from the rightful owner(s) of the space for physical co-location; The Access Seeker has the appropriate license from the related authorities to operate the service for the purpose for which the equipment is to be installed; there being no space constraints at the designated sites; and that it is not technically infeasible to implement Network Co- Location at the designated site Network Co-Location at Satellite Earth Station For access to designated sites at Satellite Earth Stations, the Access Seeker must have acquired or entered into the following before Celcom provides such access at those places: (a) a [Satellite Transponder Lease Agreement] ( TLA ) or [Inmarsat Land Earth Station Operator Agreements] ( LESOA LESOA ) with the relevant satellite owner; or (b) any such licences as required from time to time to operate satellite services. 20

21 Celcom ARD 01 January 2013 Rates The applicable rates are as per Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012). 6.8 Transmission Services Transmission Services comprise the following services:- Domestic Network Transmission Service; Domestic Connectivity to International Service; and (iii) Broadcasting Transmission Service. Rates The applicable rates are as per Commission Determination on the Mandatory Standard On Access Pricing (Determination No.1 of 2012) DOMESTIC NETWORK TRANSMISSION SERVICE (a) It is a service for the supply by Celcom to the Access Seeker of transmission capacity (other than Interconnect Link Service) where requested by the Access Seeker for operation and use as part of, in or in connection with the Access Seeker s Network, whereby Call Communications are carried between transmission points (not being Customer transmission points) via network interfaces at such transmission rate as may be agreed between the operators on a permanent basis. Figure 9: Domestic Network Transmission Service 21

22 Celcom ARD 01 January DOMESTIC CONNECTIVITY TO INTERNATIONAL SERVICE (a) Under this service, Celcom offers backhaul transmission service between a network transmission point and an earth station. Figure 10: Domestic Connectivity at Satellite Earth Station (b) (c) Access Seeker must have an arrangement or agreement with the satellite transponder provider and distance end partners. The connection between the co-located Equipment and the RF Equipment must be leased from Celcom in order to avoid interference. Rates (d) The applicable rates are as per Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012) BROADCASTING TRANSMISSION SERVICE (a) The Broadcasting Transmission Service: is a Facility and/or Service for the carriage of communications which comprise a content application service between transmission points via network interfaces at such transmission rates as may be agreed between Celcom and the Access Seeker on a permanent basis; 22

23 Celcom ARD 01 January 2013 Transmission points are any technically feasible network transmission points. (b) The facility/service consists of the following elements: (iii) Domestic Network Transmission Service; Network Co-location Service; and Infrastructure Sharing Service. Figure 11: Broadcasting Transmission Service (c) (d) The transmission network between the content application service provider s studio and the transmitter stations facilities shall be governed by the terms and conditions for Domestic Network Transmission Service. The transmitter station facilities shall be governed by the terms and conditions for Network Co-location. For the purpose of clarification, in this context, the transmission station facilities typically relate to: the physical and/or virtual co-location of broadcasting transmitters and their ancillary equipment or instrument; and in-span interconnection between Celcom and the Access Seeker s network facilities at designated POI. (e) The tower facilities ies shall be governed by the terms and conditions for Infrastructure Sharing Service.For the purpose of clarification, in this context, the tower facilities typically relate to the provision of broadcasting antennas and their ancillary equipment or instrument. 23

24 (f) (g) Subject to the Access Seeker complying with the Service Ordering Procedures, Celcom will provide in accordance with the agreed provisioning procedures Broadcasting Transmission Service requested by the Access Seeker. Where the Access Seeker leases Broadcasting Transmission Service from Celcom, Celcom s equipment can be co-located in the Access Seeker s premises in accordance with Section 5.13 of the Commission Determination on the Mandatory Standard on Access. (Determination No.2 of 2005), for the required space in the Access Seeker s premises. The Access Seeker shall provide Celcom reasonable access to its premises when Celcom reasonably requires it for the purpose of installing, maintaining, modifying or removing equipment related to the provision of the service. [The remainder of this page is intentionally left blank] 24