Definition of Key Terms
“Affiliate” in relation to either party to this contract means any company or other entity which, directly or indirectly, controls such party or is controlled by such party or is under common control with such party.
“Busy Hour” means the continuous one-hour period laying wholly in a given time interval for which the traffic or the number of Call Attempts are greatest which shall be agreed to between the parties.
“Call Attempt” means an attempt to achieve a connection to one or more devices attached to a Telecommunications Service
“Cellular Telecommunications Service” means a Telecommunications Service that operates through a Telecommunications System that includes mobile services switching centers(each of which typically serves a number of “cells”) which establish calls to and from mobile subscribers in their respective call service areas, thereby generally allowing calls to be transferred from cell to cell without interruption. Cellular Telecommunications Services include both Voice Telephony Services and non-Voice Telephony Services that meet theire requirements of this definition.
“Commercial traffic” means traffic exchanged between the parties after completion of the testing phase as agreed by the parties. However, testing phase shall not exceed fifteen (15) days after the link installation.
“Communications” means Telecommunications, Radio Communications (as defined in the RWANDA Telecommunication law) and postal communications.
“Rwanda Utilities Regulatory Agency. ” means the Rwanda Utilities Regulatory Agency established under the RWANDA Telecommunication law.
“Rwanda Utilities Regulatory Agency. Regulations” means the rules and regulations promulgated from time to time by the Rwanda Utilities Regulatory Agency. Pursuant to the authority granted to it under the RWANDA Telecommunication law.
“Customer” means any person who is provided with, or to whom an operator wishes to provide any relevant Telecommunications Service,
“Directory Enquiry Services “means a service pursuant to which an operator makes available to Customers upon request information contained in the operator’s directory listings. Directory listings include any information identifying the names of Customers of the operator and such Customers’ respective telephone numbers.
“Distribution Services “means Telecommunications Services using one or more Public Teleservices where the Telecommunication flows in one direction toward several reception points.
“Effective Date” shall mean the date of execution of this Agreement by both Parties and in the event of different dates of execution by the Parties, the later of the said date shall apply.
“Erlang” means the unit of telephones traffic recognised by the International Telecommunication Union.
“Final Service” means a type of Telecommunications Service that provides the complete capability including terminal equipment functions. for Telecommunication using one or more Public Teleservices between Customers according to protocols established by agreement between Telecommunications Services providers.
“Impairment of Service “means (i) any interference with or impairment of service over any facilities of a Party, its affiliated companies or its connecting and concurring carriers involved in its services, (ii) damage to the Telecommunications Apparatus of a Party, (iii) violation of any applicable law or regulation regarding the invasion of privacy of any Telecommunications carried over the Party’s facilities or(iv) the Creation of hazards to the employees of either Party or to the public.
“I implementation Date” means the date on which the exchange of Commercial traffic commences.
“International inbound transit traffic” shall mean traffic originating on international networks. terminating on either party’s network Via the other party’s network”
“MTN System” means the Telecommunications System established and / or to be expanded by MTN under the license granted under RWANDA Telecommunication law, authorising MTN to establish, install, operate or otherwise use a fixed and / or mobile Telecommunications System to provide the licensed Teleservices.
“Point Of: Interconnection” means a mutually agreed upon point of demarcation where the exchange of traffic between the MTN System and the other System takes place.
“Public Teleservices” has the meaning established in the Rwanda Utilities Regulatory Agency. Regulations.
“Switch” means an element of a Telecommunications System associated with a set of circuits intended to interconnect temporarily on request such circuits to constitute connections.
“Telecommunication Information” means information relating, which supports the determination of the payments provided for in Article 7 of this Agreement. The Party billing the Customer is responsible for obtaining such information, which may include the following: calling number called number, day on which a Communication was made, time of commencement of such Communication duration of such chargeable Communication, the fee charged for Such Communication, routing information whether the Communication was successfully completed or not, and where appropriate, the area in which the Communication was initiated or terminated,
“Telecommunications” means the emission. transmission or reception through the agency of electricity or electromagnetism of any sounds, signals. signs, writing, images or intelligence of any nature by wire, radio, optical or other electromagnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.
“Telecommunications Service “means a service consisting of the conveyance or reception of any sounds. signs, signals, writing or images by wire. optical or other electronically guided media systems whether such signs, signals, writing, images, sounds or interference have been subjected to rearrangement, computation or other process by any means in the course of their transmission. emission or reception.
“Telecommunications System “means a: system or network used to provide Telecommunications Services regardless of the underlying technology used except that ‘Telecommunications System” shall not include any broadcast systems.
“Trunk Capacity Resale Services” means a type Of Telecommunications Service which, using a Carrier System. provides the necessary capacity to carry and route Telecommunications signals constituting the main interconnection between Telecommunications Systems and networks and which allows the provision of Final Services, Distribution Services and Value-Added Services.
“System” means the Telecommunications System established and / or to be expanded by under the license granted under RWANDA Telecommunication law, authorizing the Operator to establish, install, operate or otherwise use a fixed end / or mobile Telecommunications System to provide the licensed Tele-services.
“Value-Added Services” means such services that may be available over Telecommunications System in addition to Voice Telephony Service, and specifically those services listed as ‘”Value-added Services” in the Rwanda Utilities Regulatory Agency Regulations.
“Voice Telephony Service” means the Telecommunications Service that provides Customers With the ability to conduct real-time two-way speech conversation via a network.
“Working Day” means any day from Monday to Friday, excluding holidays.
Scope of interconnection
This Agreement establishes the conditions under which a Telecommunication Network and MTN Telecommunication Network may be interconnected to provide continuous Telecommunications Services, This Agreement establishes how the parties provide service, support, serve and invoice each other for Telecommunications Services provided.
Interconnect Tariffs
Voice: 5 RWF per MINUTE and SMS: 1 RWF PER SMS
Point of Interconnect and related facilities
2-013-1 and 2-014-7
Network and Facility changes
A. Each Party shall inform the other as soon as practicable about any major changes that are planned in its network or services that may have an influence on the other’s predictions of traffic.
B. The parties shall use their best endeavours to forecast traffic.
C. Each Party shall inform the other without delay about any problem that may or will occur regarding its ability to meet the required capacity demand.
Traffic measurement and routing
A. The parties agree that no interconnect fees shall be levied by either party against the other party in respect of calls made to the emergency numbers 112, calls made to an invalid defective or non-existent number, un answered calls and calls made to a called station that is already engaged.
B. The measuring of a call’s duration shall commence when the telecommunications equipment by which such call is to be received or the telecommunications equipment or any other facility which provides an automatic response if connection cannot be affected to such telecommunications equipment, generates an answer signal across the relevant point of interconnection.
C. Infrastructure sharing and colocation
D. Sites Sharing where necessary.
Billing
Each Party shall send the other a report of the amount due for all traffic completed by its Telecommunications System for termination on or through the other Party’s Telecommunications System at the end of every month. This report shall be sent within fourteen (14) calendar days after the close of the month for which the report is made. The determination of the amount due shall include;
A. The amount of traffic completed by its Telecommunications System on or through the other Party’s Telecommunications System in minutes handled during the month, broken down by type of traffic: and
B. The value of the invoice amounts for such traffic. broken down by type of traffic and calculated at the individual accounting rates agreed between the parties-Each operator should measure the traffic crossing the Point of Interconnection based on the number of calls and minutes by time band,
C. A party receiving the traffic data shall have fifteen (15) days in which to reconcile, accept or refuse any off the traffic. If ‘no complaints is raised within fifteen (15) days, then the same shall be deemed accepted by the other Party.
D. Invoices shall be issued upon acceptance of Traffic reconciliation by each party for their respective incoming traffic.
Quality of service
The parties expressly undertake to adhere to minimum quality of service standards and will provide quality services to each other which shall be governed by the Service level Agreement.
Format of data interchange
A. Parties will always transmit the calling line identification (CLI) transparently. The sending party shall convey to the receiving party the CLI in international format for transit traffic, if provided by international carrier, and in national format for domestic traffic. Any traffic without the CLI will be blocked
B. Each Party shall provide appropriate information including, but not limited to information regarding network control and management, as is reasonably required by the other Party for interconnection of their systems and provision of Telecommunications Services and facilities.
