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- Applications must include audited documentation showing the access deficit net of contributions from other profitable services. They are limited to deficits that cannot be covered by other sources.
- Applications can be made for deficits between 2011-2012. TRA will determine approved deficits within 60 days and notify all licensees of required contribution rates based on international call volumes.
- Licensees must provide traffic data and dispute any rates within 30 days. Approved contributions will
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resolution no 142 2011, issuance of access deficit contribution guideline
1. This is an unofficial translation of the Resolution and is provided here for information purposes only.
Reliance may only be placed upon the official Arabic version of the Resolution.
Resolution No 142 /2011, Issuance of Access Deficit Contribution Guideline
Pursuant to the Telecommunications Regulatory Act issued by the Royal
Decree No. 30/2002 and;
The Executive Regulations issued by Resolution No. 144/2008; and
The Royal Decree No. 20/2004 Issuing two Class I Licenses: the First for
Oman Telecommunications Company for the provision of the Basic Fixed
Public Telecommunications Services & the Second for Oman Mobile for the
Provision of mobile telecommunications services,
The Royal Decree No. 17/2005 issuing Class I License to the Omani Qatari
Telecommunications Company for the provisions of Basic Mobile Public
Telecommunications Services and,
The Royal Decree No. 34/2009 issuing Class I License to the Omani Qatari
Telecommunications Company for establishing & operating a Fixed Public
Telecommunications Services System and,
The Royal Decree No. 20/2011 issuing Class I License for Sama
Telecommunications Company for establishing & operating an international
Telecommunications Services System; and
The approval of the Telecommunications Regulatory Authority Board
obtained on 3rd
December 2011 on its meeting No. 4/2011 and;
Based on the exigencies of the public interest;
It is decided:
Article 1 The following guidelines shall be applicable with respect to
the applications made by Oman Telecommunication
Company in relation to access deficit contributions
Article 2 This Decision shall become operative from the date of
issuance.
Dr. Mohammed Bin Hamed Al-Rumhi
Chairman of Telecommunications Regulatory Authority Board
Issued on: 27th
Muharam1433 A.H.
Corresponding to: 24th
December 2011 A.D.
2. This is an unofficial translation of the Resolution and is provided here for information purposes only.
Reliance may only be placed upon the official Arabic version of the Resolution.
Access Deficit Contribution Guideline
Article 1:
In the application of these Guidelines, the terms and expressions used herein shall
express the exact meaning exhibited in both Telecommunications Regulatory
Authority & its Executive Regulation mentioned above & the meaning next to each
one unless the text otherwise requires.
(i) Access Deficit: The difference between the costs of installing, maintaining and
selling the fixed line access services of a licensee and the revenues the licensee
generates from selling these services.
(iii) Economic Profit: profits resulting from the difference between the revenues
generated from access services and the costs of access services including the
opportunity cost which is represented by weighted Average Cost of Capital (WACC).
(iii) Economic Profit (loss): The difference between the revenues generated from
access services and the costs of access services including the opportunity cost which is
represented by weighted Average Cost of Capital (WACC).
(iv) Excess/Positive Economic Profit: Profit generated when the qualified licensee
continues to earn Profits exceeding a reasonable return on services that are effectively
bundled with the access line to the extent that fully covers the deficit.
(v)Qualified Licensee: A Class I fixed-line licensee providing fixed access services
prior to 31 December 2008 at a regulated price who has demonstrated to TRA that its
access service is provided below cost.
(vi)Calendar Year: The year that starts on 1st
January and ends on 31st
December of
the same year.
Article2: The ADC will be limited to the portion of the Access Deficit which the
Qualified Licensee cannot fund through other internal sources of economic profit.
Article 3: The Qualified Licensee shall be entitled to file Applications for ADC for
the period falling between the date of commercial operation of the second
3. This is an unofficial translation of the Resolution and is provided here for information purposes only.
Reliance may only be placed upon the official Arabic version of the Resolution.
International Gateway Operator licensed by TRA and 31 December 2011. In all cases,
all applications on ADC shall be filed not later than 30th
September 2012.
Article 4: The Application for ADC shall include the followings:
a) Complete documentation including Excel-based model to support all calculations
for each calendar year and /or part thereof;
b) Cost of Capital calculations duly supported by assumptions and input data.
c) Audit Certificate by an independent external auditor. The auditor shall certify:
i. reasonability of methodology and assumptions used to work out the Access Deficit
Net of Contribution,
ii. accuracy of revenue and cost calculations,
iii. reasonability of cost and revenue allocation methodology,
iv. reasonability of methodology, assumptions and the input used to estimates of the
cost of capital.
d) Demonstration that the access deficit net of contributions of excess profit from
line dependent services is of a value less than zero. The calculation of this access
deficit net of contribution (ADNC) is to follow the format as outlined in Schedule 1.
Article 5: The Qualified Licensee shall submit Application for ADC for a calendar
year by 30th September.
Article 6: The TRA shall examine the application for the relevant period and then
notify the ADNC to all concerned licensees within 60 days of receipt of application
and traffic data. In case the TRA requests any additional data or clarifications, the 60
days period shall start from the receipt of the requested data.
Article 7: For the purpose of calculating the ADC rate per minute, total International
inbound and outbound traffic on the public network shall be used as per schedule 2
of these guidelines.
Article 8: The licensees operating international gateway shall keep complete traffic
data (CDR etc) available to substantiate their claims. In case, any licensed operator
with international gateway fails to submit its traffic data, TRA shall be entitled to
assess the traffic based on Quarterly/ Annual traffic submissions or any other
available source.
Article 9: The Qualified Licensee and the Licensees operating International Gateway
exchange shall provide the TRA with:
4. This is an unofficial translation of the Resolution and is provided here for information purposes only.
Reliance may only be placed upon the official Arabic version of the Resolution.
a) Complete month-wise traffic data (outbound/inbound minutes) within 120 days of
notification of these guidelines.
b) Any additional information if required at any stage.
Article10: The ADC claims once agreed and adjusted shall be considered final and
closed.
Article 11: The Licensees operating international gateway shall settle ADC dues
payable to the Qualified Licensee based on the rate notified by the TRA within 60
days from the receipt of the ADC rate notification.
Article 12: In case of any dispute between the parties regarding the ADC charge, the
disputing party may file its complaint to TRA under dispute resolution procedure
within 30 days from TRA's notification of the ADC rate.
5. This is an unofficial translation of the Resolution and is provided here for information purposes only.
Reliance may only be placed upon the official Arabic version of the Resolution.
Schedule 1
Calculation of Access Deficit Net of Contribution (ADNC)
The calculation shall be in the form of a table providing the following inputs:
- WACC (C)
/ (loss) (D)
Where D = A-(B*C) for each of the following service groups:
1. Exchange lines
2. Exchange line Broadband (e.g. ADSL)
3. National calls
4. International calls
5. Other calls
6. Other access dependent services (if any).
And Total ADNC = sum of all economic profit (loss) for the above components,
Where;
tion is the sum of economic profit or loss of each
of the service groups from 1-6 above.
-5 above:
1. Free calls and value added services bundled with the access service by the Qualified
Licensee shall be included,
2. All broadband services provided over the exchange lines shall be included,
3. All originated calling terminated in country (fixed to fixed as well as fixed to mobile)
4. Qualified Licensee international termination inbounds and originated outbound.
5. All other call types passing through qualified exchange lines, including interconnection
6. Any reduction in the retail prices of the related services by the operator at its own
commercial consideration will not be considered for access deficit contribution if that
reduction is causing additional deficit.
6. This is an unofficial translation of the Resolution and is provided here for information purposes only.
Reliance may only be placed upon the official Arabic version of the Resolution.
Schedule 2
Calculation of Access Deficit Net of Contribution (ADNC)/minute.
A: Qualified Licensee International Call minutes
B: Other International Gateway licensees international call minutes
C: Total International Call minutes (A+B)
D: Total ADNC.
E: Total ADNC/ Total International Call minutes = (D/C)
Where:
Schedule 1