|ACCESS REFERENCE DOCUMENT|
1.1 This Access Reference Document ("ARD") specifies the procedures and process to be followed by an Access Seeker who intends to acquire a Product from Extreme Broadband Sdn. Bhd. (Company No. 690597-U) ("EBB").
1.2 In pursuant to :-
(i) Subsection 5.3.2 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");
(ii) Commission Determination on Access List Determination No. 2 of 2015 ("Access List Determination"); and
(iii) Commission Determination on the Mandatory Standard On Access Pricing (Determination No.1 of 2012)
2. This ARD is made up of:
(b) List of Services that describes the network services or network facilities that are listed below
(i) Fixed Network Origination Service
(ii) Fixed Network Termination Service
(iii) Network Co Location Service
(iv) End-to-End Transmission Service
(v) Duct and Manhole
(vi) Infrastructure Sharing Service
2.0 LEGISLATIVE BACKGROUND
2.1 Subsection 5.3.2 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;
(i) contains terms and conditions which are consistent with the rights and obligations set out in the MSA Determination; and
(ii) 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 EBB collectively insofar as they are authorised by their respective Licences.
However, in the event any of the entities of EBB ceases to be licensed to provide any or all of the Facilities or Services, the remaining entities of EBB 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 EBB's ARD.
2.4 EBB considers EBB's ARD to be consistent with:
(i) the standard access obligations stipulated under Section 4.1.1 of the MSA Determination and section 149 of the Communications and Multimedia Act 1998 ("the Act") ; and
(ii) the principles of non-discrimination stipulated under Sections 4.1.5 and 4.1.6 of the MSA Determination.
2.5 For the purposes of clarification, the terms and conditions of EBB's ARD are only applicable to the Facilities or Services on the Access List Determination. If the Access Seeker requests Facilities or Services outside EBB's ARD, the terms and conditions for the provision of such Facilities or Services shall remain outside the scope of EBB's ARD.
2.6 If an Access Seeker requests EBB to provide it with Facilities or Services other than on the terms and conditions contained in EBB's ARD, EBB and the Access Seeker will:
(i) negotiate in good faith in relation to such terms and conditions; and
(ii) enter into and conduct negotiations in a timely manner.
2.8 In addition, the Operators are free to consider EBB'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 5.3.4 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)
(b) contain all information required to be included under this subsection 5.3 of the MSA Determination.
(c) be accurate
(d) be consistent with;
(i) The Act
(ii) MSA Determination; and
(iii) Any applicable decision or determination of the Malaysian Communications and Multimedia Commission ("SKMM")
(e) 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.
3.0 COMMENCEMENT AND DURATION OF THE ACCESS REFERENCE DOCUMENT
3.1 EBB's ARD comes into force and takes effect immediately from the date referred and continues until the earlier occurrence of:
(i) the expiry of the ARD terms; or
(ii) a Review; or
(iii) withdrawal in accordance with this EBB's ARD
3.2 EBB's ARD has no effect on contractual arrangements for the supply of Facilities and Services by EBB to an Access Seeker prior to the commencement date unless and until such contractual arrangement is subsequently renegotiated and agreed between EBB and the Access Seekers.
4.0 AMMENDMENT TO EBB'S ARD
4.1 EBB shall, within ten (10) Business Days of making any amendment to the EBB's ARD, provide a copy of the amendments, or an amended copy of EBB's ARD to:
(i) the Access Seeker who is being provided with access to Facilities or Services listed on the Access List Determination under EBB's ARD; and
(ii) the Access Seeker who has requested EBB'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 MCMC 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, EBB may, by giving written notice to all Access Seekers to whom it is supplying Facilities or Services under EBB's ARD, withdraw or replace EBB's ARD with effect from a date no earlier than the effective date of the MCMC's revocation, variation or replacement.
4.3 EBB shall comply with Sections 6.4.2 and 6.4.3 of the MSA Determination where it withdraws or varies EBB's ARD pursuant to the above.
4.4 In addition to the above, EBB may give the Access Seeker to whom it is supplying Facilities and Services under EBB's ARD a notice of a variation or replacement of EBB's ARD to effect such variations that are necessary or appropriate in the event of:
(i) the occurrence of a legislative event that materially affects the rights or obligations of EBB under EBB's ARD; or
(ii) the occurrence of a regulatory event that relates to EBB; or a review by the MCMC of the MSA Determination pursuant to Section 6.5 of the MSA Determination.
Notwithstanding the above, EBB may subject, replace EBB's ARD at any time without prior notice and consent.
5.1 EBB's ARD shall be made available to an Access Seeker:
(i) on written request, at EBB's principal place of business; and
(ii) on a publicly accessible website.
5.2 Any communication in respect of EBB's ARD should be made in writing to:
Attention: Managing Director
Address: Extreme Broadband Sdn Bhd
No 34B, Jalan Diplomatik 3/1
Facsimile: 03-8888 1119
6. FACILITIES AND SERVICES
6.1 Fixed Network Origination Service
6.1.1 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.
6.1.2 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), other IP based networks and any other fixed network technology which is currently available or which may be developed in future that involves the carriage of Call Communications.
6.1.3 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.
6.1.4 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.
6.1.5 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.
6.1.6 The applicable rates are as per the Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012).
The prices below for Fixed Network Origination Service shall be applied for the carriage of voice communications only
The prices below for Fixed Network Origination Service which originates on network that is based on IP shall be applied for the carriage of voice communications from customer equipment at numbers beginning with pre-fix 0154 only.
6.2 Fixed Network Termination Service
6.2.1 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.
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
6.2.3 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 and any other fixed network technology which is currently available or which may be developed in future that involves the carriage of Call Communications.
6.2.4 The applicable rates are as per Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012).
The price below for Fixed Network Termination Service shall be applied for the carriage of voice communications only.
The prices below for Fixed Network Termination Service which terminates on network that is based on IP shall be applied for the carriage of voice communications to customer equipment at numbers beginning with pre-fix 0154 only.
6.3 Network Co-Location Service
6.3.1 The Network Co-Location Service is a Facility and/or Service which comprises:
(i) physical co-location, which refers to the provision of space at EBB'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;
(ii) virtual co-location, which refers to the provision of facilities or services at EBB'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 EBB;
(iii) in-span interconnection, which is the provision of a POI at an agreed point on a physical cable linking EBB's network facilities to Access Seeker's network facilities
6.3.2 EBB agrees to provide Network Co-location at designated sites subject to the following conditions:
(i) EBB 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;
(ii) 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;
(iii) There being no space constraints at the designated sites; and
(iv) That it it is not technically infeasible to implement Network Co-location at the designated site.
6.3.3 The applicable rates are as per Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012).
6.4 End-to-end Transmission
6.4.1 The End-to-End transmission Service is a Facility and/or Service for the carriage of communications between:
(i) two End User locations;
(ii) between Access Seeker Points of Presence; or
(iii) between one End User location and one Access Seeker Point of Presence, via such network interfaces at such transmission rates as may be agreed between EBB and the Access Seeker on a permanent or virtual basis.
6.4.2 Network interfaces may use any technology as may be agreed between EBB and the Access Seeker.
6.4.3 The functionalities of the End-to-End Transmission Service include:
(i) transmission and switching, whether packet or circuit;
(ii) the signalling required to support the technology or to provide a service;
(iii) termination at either end by a port, router, network termination unit, or switch;
(iv) a digital protocol including the Internet Protocols.
(v) an End User location or Access Seeker Point of Presence in subparagraph
6.4.4 The End-to-End Transmission Service maybe for the carriage of communications which comprise a content application service.
6.4.5 Technologies used to supply End-to-End Transmission Service, such as Metro-E may be requested by Access Seeker and EBB must supply End-to-End Transmission Service using these technologies on request.
6.4.6 An Access Seeker for the End-to-End Transmission Service which includes but not limited to network facilities provider or network service provider which is only authorised to provide limited network facilities or network services such as in the last mile, but wishes to acquire the End-to-End Transmission Service on order to connect its limited network facilities or network Services.
6.4.7 For the avoidance of doubt, the End-to-End Transmission Service comprises but is not limited to the Facilities and/or Services specified in the Trunk Transmission Service and the Wholesale Local Leased Circuit Service.
6.4.8 The applicable charges comprise of rates for Transmission Service and Wholesale Local Leased Circuit Service, as per Commission Determination on the Mandatory Standard on Access Pricing (Determination No.1 of 2012).
6.5 Duct and Manhole Access
6.5.1 Duct and Manhole Access is a Facility and/or Service which comprises provision of physical access to:
(i) Lead-in Ducts and associated manhole;
(ii) Mainline Ducts and associated manholes in areas in which a single Operator has exclusive rights to develop or maintain duct and manhole infrastructure, whether or not in combination with other Facilities and Services; and
(iii) sub-ducts where there is no room for the Access Seeker to install its own sub-ducts.
6.5.2 Provision of physical access includes the provision of:
(i) space at specific network facilities to enable an Access Seeker to install and maintain its own lines, equipment and sub-ducts; and
(ii) access for the personnel of the Access Seeker.
6.5.3 Exclusive rights to develop or maintain duct and manhole infrastructure includes exclusive rights in contracts, arrangements or understanding between EBB and any person.
6.5.4 In consideration of the Access Provider’s obligations in the provision of the Facilities and Services in the Access Agreement, Access Seeker shall pay to Access Provider the following Charges:
6.5.5 The rental Charges for Dark Fibre Connectivity (DFC) are charged according to the type of infrastructure connectivity provided to Access seeker. The rental rate shall be based on the following factors:
(a) Type of infrastructure connectivity
(b) The line distance from end-to-end of the Facilities of the link in the Service;
(c) Geographical location of the link in the Service; and
(d) Required Service Availability for the link in the Service
6.5.6 Access charges
Price List for Fibre Optics Sub Duct : RM 400,000.00 per km/month
Price List for Fibre Pair Cable : RM 16,000 per km/year. (per pair)
6.6 Infrastructure Sharing
6.6.1 The right of an Access Seeker to acquire Infrastructure Sharing Services shall be pursuant to Infrastructure Licences granted to the Access Seeker and such licences shall be on terms and conditions of the Access Agreement and shall not be used for installation, operation and maintenance of Equipment as a Collection Point. The Access Seeker's right to use the Infrastructure Licensed Site and the right of access does not entitle the Access Seeker to any proprietary interest whether under statute, common law, equity or any theory of law in any building, land, fixture, other structure or in or to the Infrastructure Licensed Site. The Access Seeker shall not be entitled to grant any tenancy, lease, licence or other right of use or occupation save with the prior written consent of EBB or as specified and to the extent specified in any Instrument.
6.6.2 A request for Infrastructure Sharing Services shall contain to the extent relevant the information in Annex A and shall be further accompanied by a site preparation work plan and installation work plan and method.
6.6.3 EBB will only be required to provide the Infrastructure Sharing to the Access Seeker to the extent that the Access Seeker has complied with all the requirements of this ARD, and the requirements of the Access Agreement for Infrastructure Sharing.
6.6.4 In the event of any inconsistencies between these specific terms and the general terms relating to any matter, the specific terms in this Part shall prevail.
6.6.5 The applicable charges for infrastructure sharing shall be commercially negotiated and agreed by the Access Seeker and the Access Provider in accordance to the Access Agreement.
6.6.6 West Malaysia Tower Leasing Rate
6.6.7 East Malaysia Tower Leasing Rate
Information an Access Seeker must provide EBB when submitting a request for Infrastructure Sharing Services:
(i) the location of the Infrastructure Licensed Site including the latitude and longitude;
(ii) the number, model and specifications of the Equipment to be installed which shall include the size, weight and wind load;
(iii) the transmission power specifications of each Equipment to be installed;
(iv) the transmitting and receiving frequency of the sent over each Equipment to be installed;
(v) the number of mounting positions required and their corresponding height;
(vi) optical fibre cable specifications;
(vii) the orientation and distant and receiving point;
(viii) installation and work plans and work methods which shall include drawings; and
(ix) the Access Seeker's contact details.
Information an Access Seeker must provide EBB when submitting a request for Co-Location Services:
(a) the Co-Location Site at which Co-Location Services are required;
(b) the type of Equipment, the Access Seeker proposes to install at the Co-Location Site;
(c) Co-Location Space requirement;
(d) utilities requirements;
(e) floor loading of the Access Seeker's Equipment;
(f) type and diameter of optical fibre cable to be used;
(g) the capacity and specification of any tie cables;
(h) installation and work plans and work methods which shall include drawings; and
(i) contact details of the Access Seeker.