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1. Citation

These Regulations may be cited as the Telecommunications (Dispute Resolution) Regulations.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires—

“Act” means the Telecommunications Act;

“alternative dispute resolution personnel” means persons appointed as mediators, conciliators or arbitrators pursuant to these Regulations;

“alternative dispute resolution process” means the process, method or technique employed or requested pursuant to these Regulations by parties to resolve a dispute that is intended to avoid the delay, expense, formalities or complexity of a litigation and includes arbitration, conciliation mediation and tribunal hearing;

“arbitration” means the alternative dispute resolution process as outlined in these Regulations in which an arbitrator, or panel of arbitrators, renders a binding decision on a dispute between the parties after reviewing the arguments presented by all parties;

“arbitration panel” means an arbitration panel constituted in accordance with these Regulations;

“arbitrator” means a neutral person appointed pursuant to these Regulations, to hear the claims and arguments respecting the dispute and to render a binding decision thereon;

“Commission” means the National Telecommunications Regulatory Commission established pursuant to the Act;

“Commission complaint tracking number” means the Commission complaint tracking number assigned pursuant to regulation 7(3)(a);

“Commission Complaint Record Register” means the Commission Complaint Record Register maintained pursuant to regulation 7(1);

“Commission Complaint Record Tracking System” means the Commission Complaint Record Tracking System kept and maintained pursuant to regulation 7(2);

“complainant” means an aggrieved party who files a statement of complaint pursuant to regulation 4;

“complainant telecommunications provider” means a telecommunications provider who files a statement of complaint pursuant to regulation 4;

“conciliation” means the adjusting and settling of a dispute in an amicable manner as set out in the Second Schedule to these Regulations;

“Contracting State” means a country listed in the First Schedule;

“disputes between members of the public and telecommunications providers” include billing disputes, service order delays disputes and disputes respecting service;

“disputes between telecommunications providers” include disputes concerning interconnection, contracts, billing, service order delays and service and frequency use;

“Dispute Resolution Order Register” means the Dispute Resolution Order Register kept and maintained pursuant to regulation 28;

“dispute resolution order” means a dispute resolution order issued pursuant to regulation 25 or 26;

“document” includes a statement of complaint, an application or other information required pursuant to these Regulations;

“ECTEL” means the Eastern Caribbean Telecommunications Authority established under Article 2 of the Treaty;

“licensee” means a telecommunications provider who is licensed to operate a telecommunications network or provide telecommunications services within Saint Lucia;

“litigation” means the process of taking a dispute before a court of law where one party files a lawsuit against another party and both parties appear before the court;

“mediation” means a dispute resolution process in which a mediator helps parties to reach an agreement;

“mediator” means a neutral third person who helps parties to reach an agreement; but has no power to impose a decision on the parties;

“Minister” means the Minister responsible for Telecommunications;

“notice of discontinuance” means a notice of discontinuance pursuant to regulation 10;

“negotiation” means bargaining efforts by which parties attempt to resolve a dispute;

“parties” means the persons directly involved in a dispute or complaint under these Regulations;

“person” includes a body corporate or an unincorporated body;

“Register” means the Dispute Resolution Order Register, which the Commission keeps and maintains pursuant to regulation 28;

“respondent telecommunications provider” means a telecommunications provider against whom a complaint has been lodged;

“retail customer” means a consumer, other than a licensee, who is obliged to pay periodically or on demand for a telecommunications service;

“statement of complaint” means a statement of complaint submitted to the telecommunications pursuant to regulation 4;

“telecommunications provider complaint tracking number” means the telecommunications provider complaint tracking number assigned pursuant to regulation 5(3)(b);

“Telecommunications Provider Complaint Record Tracking System” means the Telecommunications Provider Complaint Record Tracking System kept and maintained pursuant to regulation 5(2);

“Telecommunications Provider Complaint Record Register” means the Telecommunications Provider Complaint Record Register kept and maintained pursuant to regulation 5(1);

“Treaty” means the Treaty establishing ECTEL signed at St. George's, Grenada on 4th of May, 2000 and includes the Treaty as amended from time to time;

Tribunal” means a tribunal appointed pursuant to section 17 of the Act.

(2) Except so far as the contrary intention appears, an expression used in the Act and in these Regulations, whether or not a particular meaning is assigned to the expression by the Act, has in these Regulations the same meaning as in the Act.

3. Application

(1) These Regulations apply to all disputes concerning the operation of telecommunications facilities and provision of telecommunication services arising in Saint Lucia including, but not limited to, complaints initiated by—
1. (a) subscribers or other members of the public against a telecommunications provider;
1. (b) a licensee against another licensee;
1. (c) persons using frequencies authorization.

(2) Where appropriate, references in these Regulations to the Commission include references to the staff of the Commission.

(3) Where a dispute arises between 2 telecommunications providers on matters related to a duly executed interconnection agreement or a reference interconnection offer, the parties to the dispute shall, prior to seeking redress under these Regulations, first exhaust such dispute resolution process as may be incorporated in the said interconnection agreement or reference interconnection offer.

(4) Subject to subregulation (3), where there is conflict between these Regulations and any other Regulations in relation to an issue provided for pursuant to these Regulations, these Regulations shall prevail.

PART 2
DISPUTE RESOLUTION

4. Procedure for seeking redress

(1) Despite the provisions of regulation 3(3), where a dispute arises between a retail customer and a telecommunications provider, or between two or more telecommunications providers, the aggrieved party, shall first seek redress from the respondent telecommunications provider, by, subject to subregulations (2) and (3), filing a statement of complaint on the respondent telecommunications provider.

(2) A statement of complaint pursuant to subregulation (1) shall be in the form prescribed in Form 1 of Schedule 3 and shall contain as much of the following information as possible—
1. (a) the name, address, telephone number, e-mail and key contact information of the complainant;
1. (b) where available, the name, address, telephone number, e-mail and key contact information of the respondent telecommunications provider;
1. (c) a list of the disputes numbered in order so as to enable the respondent telecommunications provider to address each dispute separately;
1. (d) a brief description of the basic facts surrounding each dispute;
1. (e) as far as is practicable, such supporting information for each dispute; and
1. (f) a statement of the desired resolution requested for each dispute.

(3) For the purpose of subregulation (1), a telecommunications provider shall make available to its retail customers the form referred prescribed as Form 1 in Schedule 3.

5. Tracking by respondent telecommunications provider

(1) A telecommunications provider shall keep and maintain a Telecommunications Provider Complaint Record Register for the purpose of registering statements of complaints filed pursuant to regulation 4.

(2) A telecommunications provider shall keep and maintain a Telecommunications Provider Complaint Record Tracking System for the purpose of tracking the status of resolution of disputes between itself and its retail customers, and between itself and other telecommunications providers.

(3) Upon receipt of a statement of complaint filed pursuant to regulation 4, the respondent telecommunications provider shall—
1. (a) enter the details of the statement of complaint into its Telecommunications Provider Complaint Record Register including the name and address of the complainant and the nature of the dispute and the relief sought;
1. (b) assign to each statement of complaint a telecommunications provider complaint tracking number;
1. (c) send, within 3 business days, a confirmation of receipt of the statement of complaint, with the telecommunications provider complaint tracking number, to the complainant;
1. (d) respond to the complainant within 30 days, giving evidence of sincere or “good faith” effort to amicably resolve the dispute.

(5) A telecommunication provider shall take all reasonable steps to amicably resolve a complaint filed pursuant to sub-regulation (1) within 30 days of the date of filing of the statement of complaint.

(6) A telecommunications provider shall make monthly reports to the Commission concerning the number of statements of complaints and the nature of disputes in statements of complaints filed and the status of the resolution of such disputes.

6. Application for assistance of Commission

(1) Where after 30 days of the date of filing of a statement of complaint pursuant to regulation 4, the parties have made reasonable efforts in good faith and are unable to amicably resolve the dispute for which the statement of complaint was filed, either party may, subject to subregulation (2), file an application with the Commission for assistance with the resolution of the matter.

(2) An application pursuant to subregulation (1), shall—
1. (a) be in the form prescribed in Form 2 of Schedule 3;
1. (b) be filed in triplicate with one copy being addressed to the Commission, the second copy to ECTEL, and the third copy to the other party to the dispute;
1. (c) contain, if any, such information or evidence describing the status of any negotiation between the parties to resolve the dispute during the 30-day time limit; and
1. (d) contain, if any, such information as to the form of alternative dispute resolution process preferred in the circumstances.

7. Recording and tracking by the Commission and notice to complainant

(1) The Commission shall keep and maintain a Commission Complaint Record Register for the purpose of registering applications made pursuant to regulation 6.

(2) The Commission shall keep and maintain a Commission Complaint Record Tracking System for the purpose of tracking the status of resolution of disputes relating to applications made pursuant to regulation 6.

(3) Upon receipt of an application filed pursuant to regulation 6, the Commission shall—
1. (a) assign a Commission complaint tracking number to the application by adding a prefix to the existing telecommunications provider complaint tracking number assigned pursuant to regulation 5(3)(b);
1. (b) enter the details of the application into the Commission Complaint Record Register;
1. (c) send to the complainant, telecommunications provider and ECTEL, a confirmation of receipt of the application with the Commission complaint tracking number.

8. Restriction on Commission's assistance

The Commission shall not provide any assistance to parties to resolve a matter unless the Commission is satisfied that the parties have made reasonable efforts in good faith to resolve the dispute.

9. Response by respondent telecommunications provider

(1) The respondent telecommunications provider shall, within 10 days or such longer period as the Commission may specify, file with the Commission a response to the application made pursuant to regulation 6(1) together with such information or evidence describing the status of any negotiation between the parties to the dispute to resolve the dispute during the 30-day time limit.

(2) Where the respondent telecommunications provider fails to file a response or request additional time within the time and the Commission considers that the application warrants investigation, the Commission may request comments from that responding party; and the responding party shall submit its comments within 10 days of receipt of that request or such longer period as the Commission may specify.

10. Notice of discontinuance and liability for costs

(1) The parties to a dispute may notify the Commission by notice of discontinuance in the form prescribed in Form 3 of Schedule 3 that they wish to discontinue proceedings.

(2) Notwithstanding the provisions of subregulation (1), the parties shall be liable for all cost incurred up to the date of discontinuance.

(3) A notice of discontinuance pursuant to subregulation (1) shall be signed by all parties to the dispute.

11. Consultations with ECTEL

(1) Within 15 days of receipt of an application filed pursuant to regulation 6, the Commission shall—
1. (a) review the application and request such additional information from a party as may be required; and
1. (b) where appropriate, consult with ECTEL as regards the best alternative dispute resolution process to resolve the dispute.

(2) Where pursuant to sub-regulation (1) the Commission consults with ECTEL, the Commission and ECTEL shall consider the resources respecting alternative dispute resolution that are available and any alternative dispute resolution process requested by the parties.

(3) If the application indicates that a serious issue has arisen or a sufficient number of complaints indicate that a policy issue has arisen, the Commission shall forward such issue and documentation to ECTEL for consideration and advice concerning impact on regional policy issues.

(4) Notwithstanding sub-regulation (3), where an application is filed pursuant to regulation 6, the Commission may submit the dispute for alternative dispute resolution by arbitration—
1. (a) if the parties do not agree to mediation and request the use of the arbitration process; or
1. (b) if within 60 days of the matter being submitted to the mediation process, the dispute is not resolved.

12. Disposition of application

(1) In responding to an application filed pursuant to regulation 6, the Commission shall within 60 days choose any of the following actions—
1. (a) direct the parties to continue negotiations;
1. (b) request from a party such additional information as may be required;
1. (c) issue a decision;
1. (d) issue and publish an order noting a resolution and due date to be implemented;
1. (e) enter the order referred to in paragraph (d) and supporting information into the Commission Complaint Record Tracking System for the necessary follow-up action;
1. (f) determine that mediation is appropriate and appoint a mediator to the dispute;
1. (g) determine the alternative dispute resolution technique other than mediation which is appropriate in the circumstances and appoint a qualified person to facilitate that process;
1. (h) decide to operate as a tribunal to resolve the dispute; or
1. (i) approve an arbitration panel to resolve the dispute.

(2) Where the Commission decides to issue a decision pursuant to subregulation (1) (c) the Commission may—
1. (a) determine an application on the basis of the written documentation before it;
1. (b) prior to making a determination, require further information to be furnished by one or more of the parties; or
1. (c) issue such directions on procedure if it considers an oral hearing or other form of proceeding warranted.

13. Expeditious resolution of disputes

(1) The Commission shall, subject to regulation 14, use its best efforts to resolve a dispute within 60 days from the date an application is filed pursuant to regulation 6.

(2) Without limiting the generality of subregulation (1), the Commission shall take steps to resolve a dispute as expeditiously as practicable having regard to—
1. (a) the matters in dispute;
1. (b) preserving any agreements between the parties over issues that are not in dispute; and
1. (c) any time limits for resolving the dispute as set out in these Regulations.

(3) The Commission may use such alternative dispute resolution process wherever practicable in resolving a dispute, but the Commission shall in resolving any dispute endeavour to first use mediation where it is appropriate, and if within the period referred to in subregulation (1) the dispute is not resolved by means of the alternative dispute resolution process, the Commission may subject to section 18(2) of the Act operate as a tribunal in order to resolve the dispute.

(4) Where the parties agree or the Commission decides that mediation is the appropriate alternative dispute resolution process the provisions of Part 1 of Schedule 2 to these Regulations applies.

(5) Where the parties agree that conciliation is the appropriate alternative dispute resolution process, the provisions of Part 2 of Schedule 2 applies.

(6) Where the Commission decides to operate as a tribunal, the provisions of Part III of these Regulations and Part 3 of Schedule 2 applies.

14. Extension of time

(1) Notwithstanding the provisions of these Regulations, the Commission may, on the application of a party to a dispute or by its own motion, and if the Commission determines it necessary to a fair resolution and in the best interests of the public, extend the time limit for the resolution of a dispute.

(2) The Commission shall set out—
1. (a) the reasons for extending any time limit as well as the new time limit;
1. (b) the actions to be taken during any extended time limit so as to encourage efficiency;
1. (c) the steps to be taken if agreement is not reached within the extended time limit by means of an alternative dispute resolution process.

15. Ongoing activities of the Commission

The Commission shall—

(a) establish a calendar or tracking process for the alternative dispute resolution process in relation to each application made pursuant to regulation 6 and notify all parties of the same;

(b) subject to section 14 of the Act and regulations 30 and 31, make such weekly, monthly or annual report to the Minister and to ECTEL.

16. Selection of alternative dispute resolution process

Once the appropriate alternative dispute resolution process is determined after consultation pursuant to regulation 11, the Commission shall, subject to these Regulations—

(a) appoint the appropriate mediator or arbitration panel or designate the Commission as a tribunal as the case may be;

(b) notify the parties of the alternative dispute resolution process and personnel determined and selected;

(c) forward the application filed pursuant to regulation 6 and other documents to the appropriate alternative dispute resolution personnel referred to in paragraph (b);

(d) require the appropriate alternative dispute resolution personnel to establish a calendar and advise all parties; and

(e) inform ECTEL of the calendar and process determined to be used.

17. Responsibilities of alternative dispute resolution personnel

Once appointed, the alternative dispute resolution personnel shall—

(a) establish a process and calendar to enable resolution within 60 days;

(b) notify all parties of the alternative dispute resolution process and calendar;

(c) ensure that the selected alternative dispute resolution process and calendar are activated and managed in the most efficient manner possible;

(d) request such information and resources from the Commission or ECTEL as the alternative dispute resolution personnel considers necessary for the purpose of resolving the dispute;

(e) ensure that the parties have an opportunity to know the case to be met and to respond to it;

(f) in the cases of the Commission, tribunal or arbitration panel, make a decision based on the evidence and mandate a fair resolution to each issue in dispute within the 60-day time limit;

(g) record the resolution to each issue in dispute;

(h) complete a report respecting the resolution of the dispute and file a copy thereof with the Commission and ECTEL.

18. Duties of the Commission relating to mediation

(1) The Commission shall keep and maintain a list of approved mediators selected from—
1. (a) retired Judges of any Commonwealth Country;
1. (b) retired Magistrates of the Magistrates Court or District Court in any Contracting State;
1. (c) persons recognised by the High Court in a Contracting State as being qualified in mediation;
1. (d) any other person who has three years practical experience in mediation and holds qualifications recognised by ECTEL.

(2) Where mediation is used to resolve a dispute, the parties to the dispute shall, within a period specified by the Commission together select a mediator or co-mediators from the list of approved mediators kept by the Commission pursuant to regulation (1).

(3) Where the parties to the dispute agree, the parties may, within a period of time specified by the Commission, select a mediator whose name does not appear on the list of approved mediators kept by the Commission.

(4) Where the parties fail to agree to select a mediator or comediators within the specified time, the Commission may select and appoint a mediator from the approved list of mediators to carry out the mediation.

(5) The Commission shall—
1. (a) provide a copy of the documentation concerning the dispute to the mediator;
1. (b) establish a calendar to ensure timely resolution of issues in dispute;
1. (c) advise the parties of the calendar;
1. (d) ensure that a report of the resolution of the dispute is submitted to ECTEL within 30 days from the date of resolution.

(6) Where mediation is applied but the dispute is not resolved, the Commission may, on the request of either party or of its own motion, recommend such other alternative dispute resolution process and continue to track developments respecting the resolution of that dispute and report the issues in the general statistics concerning alternative dispute resolution.

19. Non-discrimination and transparency

(1) An alternative dispute resolution process including quality of process, provided pursuant to these Regulations, shall be provided to the parties on a non-discriminatory basis.

(2) Subject to section 17 of the Act and to regulations 15, 30 and 31, the details of an alternative dispute resolution process used in the resolution of a dispute pursuant to these Regulations shall be included in the final report made available to the public.

20. Responsibility of parties in alternative dispute resolution process

(1) During the alternative dispute resolution process, the parties shall—
1. (a) act in a responsible manner that enables resolution of the dispute within the shortest time possible without prejudicing the interests of other parties;
1. (b) provide, upon request and subject to any claim for confidentiality, any additional and relevant information or document as may be required.

(2) The information provided pursuant to subregulation (1) shall be accurate and complete and furnished in a timely manner.

(3) Where the Commission finds that such information has not been provided in accordance with this regulation, the Commission may report the matter to the Director of Public Prosecutions for necessary action.

21. Information to ECTEL

The Commission shall inform ECTEL on a regular basis concerning—

(a) the nature of disputes being heard;

(b) the alternative dispute resolution process being applied in the resolution of a dispute; and

22. Burden of proof

In an alternative dispute resolution process, save as in mediation and conciliation proceedings—

(a) the burden of proof respecting each complaint or concern is on a balance of probabilities and rests with the party making the assertion; and

(b) the Commission or other relevant appointed dispute resolution body shall determine the accuracy and veracity of the information presented by the parties.

23. Format for presentation of information

Where in respect of the resolution of a dispute the Commission requires evidence or information in writing, the Commission may prescribe the format for presentation of such evidence or information including—

(a) technical standards;

(b) access charges;

(d) consumer related information;

(e) downtimes;

(f) fault resolving procedures;

(g) interconnection;

(h) port charges;

(i) quality of service; and

(j) revenue sharing arrangements.

24. Continuation of service during alternative dispute resolution process

Notwithstanding any provision of a customer agreement, a telecommunications provider which is a party to a dispute shall not terminate its service to a subscriber or any member of the public for breach of contract or non-payment during the period of the dispute, unless specifically approved by the Commission after notice of the termination in writing to the subscriber or member of the public of not less than 7 days and an opportunity for the subscriber to be heard by the Commission.

25. Issuance of dispute resolution order upon determination by Commission

(1) Where the Commission determines an application pursuant to these Regulations, the Commission may issue a dispute resolution order—
1. (a) dismissing the application;
1. (b) approving the relief sought; or
1. (c) approving the relief sought with such amendment or variation as it considers fit.

(2) A dispute resolution order made pursuant to sub-regulation (1) shall—
1. (a) be in the form prescribed in Form 5 of the Schedule 3 to these Regulations;
1. (b) specify the date within which it must be complied with; and
1. (c) be binding on the parties to the dispute.

(3) The Commission shall—
1. (a) register the dispute resolution order issued pursuant to this regulation in the Dispute Resolution Order Register referred to in regulation 28;
1. (b) serve the dispute resolution order on the parties to the dispute; and
1. (c) subsequent to service of the dispute resolution order pursuant to paragraph (b) comply with regulation 32(2).

(4) The Commission shall, subsequent to the issue of the dispute resolution order, take such action so as to verify that the proper action is taken by the appropriate party as of the date ordered by the Commission.

(5) A person who fails to comply with a dispute resolution order is liable—
1. (a) in the case of a telecommunications provider, to suspension or revocation of its telecommunications licence in accordance with the Act; and
1. (b) in the case of a retail customer, to termination of its telecommunication service.

26. Issuance of dispute resolution order etc. upon determination by alternative dispute resolution personnel

Upon making a determination or upon receipt of a report from alternative dispute resolution personnel the Commission shall—

(a) review the findings and recommendations;

(b) subject to Part IV, issue a dispute resolution order based on the findings and recommendations referred to in paragraph (a);

(d) serve the dispute resolution order on the parties to the dispute;

(e) register the information into the Commission Complaint Record Tracking System; and

(f) comply with regulation 32 (2).

27. Continuation of networks during dispute

(1) Save as may be provided in any contractual arrangement between Telecommunications Providers, a dispute between parties shall not cause the partial or total disconnection of a relevant network, unless the Commission determines that such partial or total disconnection is necessary and so advises in the dispute resolution order.

(2) Where the Commission determines that partial or total disconnection of the relevant network is necessary, the Commission shall recommend and instruct the measures to be applied so as to minimise any negative effects on the users of that network or any other network.

28. Dispute Resolution Orders Register

(1) The Commission shall keep and maintain a Dispute Resolution Order Register for the purpose of registering dispute resolution orders issued pursuant to these Regulations.

(2) A copy of every dispute resolution order shall be kept in the Dispute Resolution Order Register.

(3) The Dispute Resolution Order Register shall be kept and maintained by the Commission in both print form and as a database in electronic medium, and in any other form as may be prescribed by the Minister on the recommendation of ECTEL.

(4) The Dispute Resolution Order Register shall be held at the principal office of the Commission but an authenticated copy of the Register shall be provided to ECTEL.

29. Content of the Dispute Resolution Orders Register

The Dispute Resolution Order Register shall be maintained in four parts as follows—

(a) Part I containing a list of all disputes filed with the names of the parties, service areas of their operation, and the dates of the dispute resolution process, and shall be open to the public inspection;

(b) Part II containing the supporting information and documentation provided by the parties on each issue;

(c) Part III containing the contents of the dispute resolution order and, subject to these Regulations, related documents, which shall be open to public inspection;

(d) Part IV containing such information or documentation which the Commission may direct to be kept confidential.

30. Access to Dispute Resolution Order Register

(1) Parts I and III of the Dispute Resolution Order Register shall be open for inspection by the public on payment of the fee set out in the Telecommunications (Fees) Regulations and on the fulfillment of any other conditions as the Commission may consider just.

(2) A person seeking inspection of Part I or III of the Dispute Resolution Order Register shall apply to the officer designated by the Commission who shall—
1. (a) allow inspection; and
1. (b) on payment of the fee referred to in sub-regulation (1), make available extracts of the relevant portions of the Dispute Resolution Order Register.

(3) Notwithstanding subregulations (1) and (2), the Commission may, through the website maintained by it, allow access to Part I or III of the Dispute Resolution Order Register.

31. Treatment of confidentiality requests

(1) In all cases of alternative dispute resolution pursuant to these Regulations including alternative dispute resolution processes such as mediation and arbitration that may not involve the Commission, a party may request that certain information provided be considered confidential.

(2) Subject to the provisions of this regulation, where in a proceeding a document is filed with the Commission, the Commission shall place the document on the public record unless the party filing the document asserts a claim of confidentiality.

(3) A party shall not be required to produce statements, information or give evidence in a proceeding unless that proceeding relates to the enforcement of this Act.

(4) A party claiming confidentiality in connection with a document shall file with the Commission an abridged version of the document, that is to say, a non-confidential description of the relevant portion of the dispute and requested resolution, to be placed on the public record or his reason for objecting to the filing of an abridged version thereof.

(5) Any claim for confidentiality made in connection with a document filed with the Commission or requested by the Commission or any party shall be accompanied by reasons therefore, and, where it is asserted that specific direct harm would be caused to the party claiming confidentiality, sufficient details shall be provided as to the nature and extent of such harm.

(6) A claim for confidentiality referred to in subregulation (5) shall be placed on the public record and a copy of such a claim shall be provided on request by any party.

(7) Where a claim for confidentiality is made in connection with a document that has not been filed by a party, the Commission may require the party to file the document and, after the document has been filed, the Commission shall review the document in confidence, and deal with it in the manner as provided in subregulation (12).

(8) A party wishing the public disclosure of a document in respect of which there is a claim for confidentiality may file with the Commission—
1. (a) a request for such disclosure setting out the reasons for the disclosure including the public interest in the disclosure of the confidential information; and
1. (b) any material in support of the reasons for the disclosure.

(9) A copy of a request for public disclosure of a document shall be served on the party claiming confidentiality and except where the Commission concludes that such disclosure is not required, that party will be permitted to file a reply with the Commission within ten days after the date of service of the request and shall, where a reply is filed serve a copy thereof with the party requesting disclosure.

(10) Where the Commission of its own motion requests that a document be placed on the public record, the party claiming confidentiality shall have 10 days to file a reply, unless the Commission otherwise determines.

(11) Where the Commission is of the opinion that, based on all the material before it—
1. (a) no specific harm would be likely to result from disclosure; or
1. (b) if any specific harm is shown, such harm is not sufficient to outweigh the public interest in disclosing, in part or in whole, the document; the document shall be placed on the public record and the Commission shall record its reason for doing so and furnish a copy of its decision to the applicant.

(12) Before making any decision not to keep requested information confidential, the Commission shall afford a hearing to the party claiming confidentiality; but such hearing may be held after the resolution of the dispute and shall not delay its timely resolution although the document for which the confidentiality claim is made may not be made public until such time as the hearing has taken place.

(13) Whenever a party requests that any part of a dispute should be kept confidential, that portion of the dispute shall remain confidential until the Commission determines the matter otherwise.

(14) Where the Commission is of the opinion that, based on all material before it, the specific direct harm likely to result from public disclosure justifies a claim for confidentiality, the Commission may order—
1. (a) the document not be placed on the public record;
1. (b) disclosure of an abridged version of the document; or
1. (c) that the document be disclosed to parties at a hearing to be conducted in camera.

(15) The Commission may, on the request of any party to an interconnection agreement, direct that any part of the dispute resolution process be kept confidential.

32. Reporting by Commission

(1) The Commission shall place the details of a dispute and such information respecting the resolution of the dispute in the appropriate weekly, monthly, quarterly or annual report to—
1. (a) the Minister;
1. (b) ECTEL;
1. (c) the public;
1. (d) telecommunications providers.

(2) Notwithstanding subregulation (1), the Commission shall in disputes between telecommunications providers, make the dispute resolution order pursuant to regulations 25 or 26 available to the public by notice published in the Gazette and by such other means as the Commission may consider appropriate, within ten days of the service of the dispute resolution order on the parties to the dispute pursuant to regulation 25 or 26.

PART 3
COMMISSION AS A TRIBUNAL

33. Guidelines for resolving disputes as a tribunal

(1) Where the Commission establishes itself as a tribunal respecting the resolution of a dispute the Commission shall, within ten days of the receipt of all materials submitted to it by the parties, review such materials and notify the parties of its findings.

(2) The findings of the Commission pursuant to subregulation (1) shall include any immediate decision, calendar established for the proceedings and any other recommendations respecting the resolution of the dispute.

(3) Where the Commission establishes itself as a tribunal respecting the resolution of a dispute, the Commission shall, in exercising its duties as a tribunal, take into account the—
1. (a) the interest of all parties to the dispute;
1. (b) interests of the users as well as the interest of telecommunications providers;
1. (c) public interest;
1. (d) regulatory obligations or constraints imposed on any of the parties to the dispute;
1. (e) any other relevant matter.

(4) Despite subregulation (2) herein where the Commission operates as a tribunal, the provisions of Part 3 of Schedule 2 shall apply.

PART 4
ARBITRATION

34. Submitting a dispute to arbitration

Where a dispute arises between parties to which these Regulations apply, the parties may:

(a) by instrument in writing agree to submit their dispute to arbitration; or

(b) be directed to arbitration by the Commission.

35. Number of arbitrators

The parties to an arbitration agreement may determine the number of arbitrators to be appointed, but where no such determination is made the number of arbitrators shall be 3.

36. Decisions of arbitrators

In arbitration proceedings comprising three arbitrators, unless otherwise agreed by the parties, any decision of the arbitration panel shall be by majority of all its members.

37. Conduct of proceedings

(1) The parties to a dispute shall determine the procedure for the conduct of arbitration proceedings.

(2) Where the parties fail to agree on their procedure Part 4 of Schedule 2 shall apply.

38. Decisions to be in writing

(1) An award made by an arbitration panel shall be in writing and signed by the arbitrator or arbitrators.

(2) Where the arbitration panel comprises of more than one arbitrator, the signatures of a majority of all the members of the arbitration panel shall suffice if the reason for the absence of any signature is stated.

(3) The arbitration panel shall state on the award:
1. (a) the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms;
1. (b) the date it was made;
1. (c) the place where the arbitration took place.

(4) A copy of the award made and signed by the arbitrators in accordance with subregulations (1) and (2) shall be delivered to the parties to the dispute and the Commission.

39. Recording of awards

The Commission shall record the details of the award in the Dispute Resolution Order Register.

PART 5
COSTS

40. Payment of costs

Except as otherwise provided, the Commission, a tribunal or ECTEL as the case may be, may, on an application by a party or of its own motion, make an order as to costs of any matter or proceedings or part thereof before it.

41. Cost structure

(1) Except as otherwise provided, the costs of alternative dispute resolution shall include—
1. (a) costs of filing;
1. (b) costs of the Commission mediator, conciliator or arbitrator;
1. (c) costs of copying or documenting the dispute;
1. (d) expenses of witnesses;
1. (e) administrative costs arising out of the investigation of the dispute; and
1. (f) such other costs as the Commission, a tribunal or ECTEL as the case may be, considers fair and reasonable.

(2) In deciding what would be reasonable, the Commission shall take into account all the circumstances respecting the matter, including–
1. (a) the care, speed and accuracy with which the matter was prepared;
1. (b) the conduct of the parties before as well as during the proceedings; and
1. (c) the manner in which the parties pursued –
  1. (i) a particular allegation,
  1. (ii) a particular issue,
  1. (iii) the dispute as a whole.

PART 6
MISCELLANEOUS

42. Filing and service of documents

A document may be filed or served in any one of the following ways—

(a) by delivering it personally;

(b) by courier service;

(d) facsimile service; or

(e) by regular postal mail.

43. Effective date of filing or service

(1) Where a document is couriered or posted, the filing or service date of the document shall be the date on which the document is couriered or posted as determined by the date of the post office stamp or courier stamp affixed to a proof of posting or proof of courier.

(2) Despite subregulation (1), a document pursuant to this Part is filed or served on the day when it is received at the office of the party to whom it is directed, or if it is received outside of normal business hours, on the next business day in which that office is open.

44. Appeals

(1) An appeal against a decision made under Part 4 shall lie to the Court of Appeal at the instance of any party with respect to whom the decision was made and the appeal shall be made within six weeks after the date of service of a copy of the decision on that party.

(2) An appeal against a decision made under Part 4 shall lie to the High Court at the instance of any party with respect to whom the decision was made and the appeal shall be made within 6 weeks after the date of service of a copy of the decision on that party.

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1. Citation

1. Short title

2. Principal object of Act

3. Interpretation

4. Act to bind Crown

5. Non-application of Act

6. Powers of Minister

7. Establishment of Commission

8. Qualifications and tenure of commissioners

9. Resignation of commissioners

10. Termination of office