Next Gen NBN
OpenNet has been selected as the Network Company to design, build and operate the passive infrastructure for the Next Generation Nationwide Broadband Network (Next Gen NBN) while Nucleus Connect is the Operating Company which will design, build and operate the active infrastructure. Under the terms of their licences, the two parties have to provide other service providers with open access to the Next Gen NBN infrastructure through an Interconnection Offer or a customised agreement.
Next Generation Nationwide Broadband Network
Interconnection Offer for Provision of Services over the Next Generation Nationwide Broadband Network - Network Company (NetCo) and Operating Company (OpCo)
Pursuant to the Singapore Next Generation Nationwide Broadband Network (Next Gen NBN) Request for Proposal for NetCo and OpCo issued by IDA respectively, IDA selected OpenNet Pte Ltd (OpenNet) to design, build and operate the passive infrastructure for the Next Gen NBN and, Nucleus Connect Pte Ltd (Nucleus Connect) to design, build and operate the active infrastructure for the Next Gen NBN.
Under the NetCo FBO Licence and OpCo FBO Licence, NetCo and OpCo must offer certain Mandated Services to Qualifying Persons on the terms of an Interconnection Offer (ICO), or through a Customised Agreement.
OpenNet
OpenNet's ICO was approved by IDA on 30 October 2009. On 26 April 2010, pursuant to the NetCo Interconnection Code 2009, IDA required OpenNet to offer OpenNet's ICO from 12 noon, 27 April 2010.
On 3 July 2012, IDA directed OpenNet to incorporate specific drafting language ("Directed Amendments") in its proposed modifications to its ICO. OpenNet's proposed modifications incorporating the Directed Amendments ("Approved ICO") have been approved by IDA and will take effect from 10 July 2012. Following the approval, OpenNet shall adhere to the implementation timelines as set out in the Further Direction and Explanatory Memorandum to implement the Approved ICO.
Nucleus Connect
Nucleus Connect's ICO was approved by IDA on 6 April 2010. Nucleus Connect has requested, and IDA has approved, for Nucleus Connect to commence offering the following portions of its ICO to its Qualifying Persons from 6 May 2010:
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Master Interconnection Offer Agreement;
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Service Schedule - Co-location Service;
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Service Schedule - Interoperability Testing (IOT) Service; and
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Service Schedule - Patching Service.
Nucleus Connect will offer the services in the remaining schedules with effect from 31 August 2010.
In accordance with Sub-section 13.4 of the NetCo Interconnection Code 2009 and Sub-section 15.4 of the OpCo Interconnection Code 2009, in the event that OpenNet or Nucleus Connect and any person entitled to obtain Mandated Services from OpenNet or Nucleus Connect fail to reach agreement on matters relating to the negotiation of a Customised Agreement or the implementation of an ICO Agreement or Customised Agreement, the matter may be determined by IDA. If IDA decides to determine a dispute under Sub-section 13.4 of the NetCo Interconnection Code 2009 or Sub-section 15.4 of the OpCo Interconnection Code 2009, the procedures set out in paragraphs 3, 4.2 to 4.5, 4.7 to 4.8, 5 and 6 of the
Advisory Guidelines Governing Requests for Dispute Resolution between Licensees
under Sub-section 11.3 of the Code of Practice for Competition in the Provision of Telecommunication Services 2010, as may be amended from time to time, will generally apply, unless otherwise advised by IDA.