Section 3 in The Telecommunication Interconnection (Charges And Revenue Sharing) Regulation, 2001
3. Interconnection charges .-(i) Interconnection charges shall be cost based, unless as may be specified otherwise.
(ii)For determining cost based interconnection charges, the main basis shall be "incremental or additional" costs directly attributable to the provision of interconnection by the interconnection provider.(iii)No service provider shall discriminate between service providers in the matter of levying of charges for interconnection:Provided that a different charge may be levied if justified on the basis of a substantial difference in costs incurred for providing that particular interconnection.(iv)No service provider shall be charged for any interconnection facility it does not seek or require:Provided that if interconnection facility cannot be provided in the form that is sought or required by the interconnection seeker, the issue may be decided mutually between the seeker and provider of interconnection. In case such mutual agreement is not possible, the matter may be reported to the Authority for a decision. The interconnection provider shall inform the interconnection seeker within 30 days of the request for interconnection facilities whether the facilities can be provided in the form sought or required by the interconnection seeker.(v)In the absence of a mutual agreement between the Interconnection provider(s) and the seeker(s), in respect of charges for the elements of the network used to provide interconnection, charges for the elements of the network used to provide interconnection will be as specified by the Authority from time to time. In the event mutual agreement is not arrived at in respect of the interconnection sought and/or charges therefor, within 30 days from the date of such request, both the parties will approach TRAI with the details of their network element costs and traffic particulars for a determination in the matter. Pending such a determination the existing arrangement, if any, will continue.(v)(a)The existing charging arrangements, if any, between the interconnection seekers and interconnection providers shall hold good until changed with the concurrence of the Authority, or on the basis of a regulatory determination.(vi)Unless specifically so provided, the Authority has forborne with respect to interconnection charges.(vii)Where the Authority has, for the time being, forborne from specifying interconnection charges, interconnection seekers and providers shall mutually decide on such charges.(viii)Interconnection charges mutually agreed among interconnection seeker and provider shall be based on the principles enunciated in this section.(ix)Where mutual agreement for interconnection charges cannot be reached within 30 days of initiating such a process for charges with respect to which the Authority has forborne, the Authority may intervene to settle the matter suo motu or on the application of either party.SECTION IV
