Wholesale. a) Wholesale services shall be restricted to telecommunication service providers Licensed by the Licensor. b) The Licensee shall ensure that the wholesale of telecommunication services to another Licensee is undertaken fairly, reasonably and in a non-discriminatory manner. c) The Licensee shall make a decision and complete negotiations on the terms and conditions of provision of the wholesale of services within 45 (forty-five) days from the date of receipt of a request from an applicant. d) The Licensee may decline to offer wholesale services only in cases where the Licensee demonstrates that the existing network resources or facilities are inadequate for the provision of telecommunication service by the Licensee. e) Where the Licensor and applicant for wholesale services fail to reach a mutual Agreement within the specified period in (c) above, the Licensor may receive and investigate any complaint referred to the Licensor arising out of the said matter and make a decision thereon. f) The terms and conditions of the wholesale services Agreement shall provide for the following: i. Rights, duties and responsibilities of the contracting parties which are clear and reasonable; ii. Technical details regarding the telecommunication network(s) or service(s) to be used in the operation(s); iii. Standards and quality of wholesale services; iv. Utilization, maintenance or measures on information protection for a fair provision and receipt of wholesale services; v. Provisions which do not directly or indirectly force either contracting party to unfairly restrict his or her services or to limit his or her discretion to obtain, give or receive services from any other parties; vi. Provisions which do not monopolize, reduce or restrict competition in the business operations of either of the contract party or a third party; In this regard, the contract parties shall not determine the period for the wholesale services to be longer than the remaining tenure of the Licensee’s License or the applicant for wholesale services. g) The Licensee shall submit a copy of the Agreement containing the terms and conditions relating to the wholesale services to the Licensor within ten (10) days from the date of execution of the wholesale agreement. h) The Licensor may require amendment to a wholesale services Agreement which does not comply with the terms of this clause or the Law. i) The Licensee shall abide by the provisions of the Act, Regulations, Guidelines and Standards with respect to interconnection and access services.
Appears in 4 contracts
Samples: Regional Public Service Provider Licence Agreement, National Public Service Provider License Agreement, Communal Access Service Provider Licence Agreement
Wholesale. (a) Wholesale services shall be restricted to telecommunication service providers Licensed licensed by the Licensor.
(b) The Licensee shall ensure that the wholesale of telecommunication services to another Licensee licensee is undertaken fairly, reasonably and in a non-discriminatory manner.
(c) The Licensee shall make a decision and complete negotiations on the terms and conditions of provision of the wholesale of services within 45 (forty-five) days from of the date of receipt of a request from an applicant.
(d) The Licensee may decline to offer wholesale services only in cases where the Licensee demonstrates that the existing network resources or facilities are inadequate for the provision of telecommunication service by the Licensee.
(e) Where the Licensor and applicant for wholesale services fail to reach a mutual Agreement agreement within the specified period in (c) above, the Licensor may receive and investigate any complaint referred to the Licensor arising out of the said matter and make a decision thereon.
(f) The terms and conditions of on the wholesale services Agreement agreement shall provide for the following:
i. Rights, duties and responsibilities of the contracting contract parties which are clear and reasonable;
ii. Technical details regarding the telecommunication network(s) network or service(s) services to be used in the operation(s)operations;
iii. Standards and quality of wholesale services;
iv. Utilization, maintenance or measures on information protection for a fair provision and receipt of wholesale services;
v. Provisions which do not directly or indirectly force either contracting party to unfairly restrict his or her services or to limit his or her discretion to obtain, give or receive services from any other parties;
vi. Provisions which do not monopolize, reduce or restrict competition in the business operations of either of the contract party or a third party; In this regard, the contract parties shall not determine the period for the wholesale services to be longer than the remaining tenure of the Licensee’s License license of the Licensee or the applicant for wholesale services.
(g) The Licensee shall submit a copy of the Agreement agreement containing the terms and conditions relating to the wholesale services to the Licensor within ten (10) days from the date of execution of the wholesale agreement.
(h) The Licensor may require amendment to a wholesale services Agreement agreement which does not comply with the terms of this clause or the Lawlaw.
(i) The Licensee shall abide by the provisions of the ActUganda Communications Act 2013, the Regulations, Guidelines and Standards with respect to interconnection and access services.
Appears in 1 contract
Samples: National Public Infrastructure Provider License Agreement
Wholesale. a) LEVEL SERVICING. MLOA hereby retains the Wholesale services shall be restricted Servicer to telecommunication service providers Licensed by the Licensor.
b) The Licensee shall ensure that provide the wholesale of telecommunication level services more particularly described on Annex 1 with respect to another Licensee is undertaken fairly, reasonably the In-Force Policies and Contracts in a non-discriminatory manner.
c) The Licensee shall make a decision and complete negotiations on accordance with the terms and conditions of provision of this Agreement and the wholesale of services within 45 (fortyIn-five) days from the date of receipt of a request from an applicant.
d) Force Retail Sales Agreements. The Licensee may decline servicing to offer wholesale services only in cases where the Licensee demonstrates that the existing network resources or facilities are inadequate for the provision of telecommunication service be provided by the Licensee.
e) Where the Licensor and applicant for wholesale services fail to reach a mutual Agreement within the specified period in (c) aboveWholesale Servicer shall include, without limitation, the Licensor may receive payment of all compensation due and investigate any complaint referred payable to the Licensor Brokers-of-Record pursuant to the In-Force Retail Sales Agreements. Except to the extent arising out of the said matter and make a decision thereon.
f) The terms and conditions negligence or willful misconduct of the wholesale Wholesale Servicer or its Associates with respect to the services Agreement described on Annex 1, the Wholesale Servicer shall have no liability to MLOA for failure of a Broker-of-Record to perform its obligations under the In-Force Retail Sales Agreements. The Wholesale Servicer shall not be responsible for overseeing or supervising the performance of the Brokers-of-Record of their obligations under the In-Force Retail Sales Agreements and shall have no obligation hereunder to take any action against a Broker-of-Record for failing to perform any of its obligations thereunder or any liability hereunder for failing to do so. Each party shall notify the other if it becomes aware of material violations of applicable law or of the In-Force Retail Sales Agreements by the Brokers-of-Record. As promptly as reasonably practicable (and in any event within 30 days) following the date hereof, Wholesale Servicer shall provide for the following:
i. Rights, duties and responsibilities to MLOA (a) a list of the contracting parties which are clear policy forms that correspond to the In-Force Policies and reasonable;
ii. Technical details regarding Contracts (the telecommunication network(s"POLICY FORM LIST") or service(sand (b) to be used in the operation(s);
iii. Standards and quality of wholesale services;
iv. Utilization, maintenance or measures on information protection for a fair provision and receipt of wholesale services;
v. Provisions which do not directly or indirectly force either contracting party to unfairly restrict his or her services or to limit his or her discretion to obtain, give or receive services from any other parties;
vi. Provisions which do not monopolize, reduce or restrict competition in the business operations of either representative sample of the contract party or In-Force Retail Sales Agreements (the "SAMPLE SALES AGREEMENTS"). The Policy Form List and the Sample Sales Agreements so provided shall upon delivery be attached hereto as Schedule A and Schedule E, respectively, and shall be made a third party; In part hereof as though attached as schedules to this regardAgreement on the date hereof. Wholesale Servicer represents and warrants to MLOA that, except with respect to compensation terms, the contract parties shall not determine the period for the wholesale services to be longer than the remaining tenure terms of the Licensee’s License or the applicant for wholesale services.
g) The Licensee shall submit a copy of the Agreement containing the terms and conditions relating to the wholesale services to the Licensor within ten (10) days from the date of execution of the wholesale agreement.
h) The Licensor may require amendment to a wholesale services Agreement which does not comply In-Force Retail Sales Agreements are consistent in all material respects with the terms of the Sample Sales Agreements. Wholesale Servicer agrees that without the prior written consent of MLOA (which shall not be unreasonably withheld, conditioned or delayed), during the term of this clause Agreement, it will not terminate, assign (except as provided in the last sentence of this Section 1.1) or enter into a written amendment or issue any written waiver amending or waiving any of its rights or obligations under the LawIn-Force Retail Sales Agreements, except such rights or obligations relating to the rates and terms of compensation payable to the Brokers-of-Record serviced by Wholesale Servicer hereunder. For the avoidance of doubt, the prior written consent of MLOA is not required for the Wholesale Servicer to consent to and effect the assignment of an In-Force Retail Sales Agreement from one Broker-of-Record to another Broker-of-Record.
i) The Licensee shall abide by the provisions of the Act, Regulations, Guidelines and Standards with respect to interconnection and access services.
Appears in 1 contract
Samples: Wholesale Servicing Agreement (Mony America Variable Account L)