FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,052
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Telecommunications Act, adopted by Independent Samoa in 2005,20 requires a license for the provision of
international facilities-based and resale services but does not impose limitations on the number of licenses
or licensees or foreign ownership in licenses other than requiring a Foreign Investment Certificate from
the Independent Samoa Ministry of Commerce, Industry and Labour.2' Further, the Cable Landing
Licensees and ASLI note that the regulator has licensed a variety of service providers, including
Second, according to the Cable Landing Licensees and ASLI, under the Telecommunications Act,
the dominant service provider must provide interconnection to interconnecting service providers under
substantially the same conditions and of substantially the same quality as it provides for the dominant
service provider's own telecommunications services, and make available on request all necessary or
reasonable required information and interconnection.23 Further, the Telecommunications Act specifies
that a dominant service provider must maintain cost-based interconnection charges and must file a copy
of any interconnection agreement with the Regulator within 10 days of execution, after which time the
Regulator will publish the agreement on its website.24 In the event that private negotiations fail, the
Telecommunications Act directs the Regulator to impose interconnection arrangements and rates and to
resolve interconnection disputes among service providers.25
Third, the Cable Landing Licensees and ASLI believe that Independent Samoa's
telecommunications regulatory framework establishes competitive safeguards to protect against
anticompetitive safeguards. The Telecommunications Act establishes cost allocation rules, timely and
nondiscriminatory disclosure of technical information needed to use, or interconnect with, carriers'
facilities, protection of carrier and customer proprietary information, and numerous other safeguards to
guard against a dominant service provider from abusing its market position, including price fixing and
bundling of telecommunications services.26
Finally, the Cable Landing Licensees and ASLI state that Independent Samoa has an effective
regulatory framework. The Telecommunications Act establishes detailed legal requirements for the
Independent Samoa telecommunications sector and tasks the Regulator with enforcing those requirements
including interconnection disputes between licensed carriers.27
EX PARTE STATUS OF THIS PROCEEDING
Pursuant to Section 1.1200(a) of the Commission's rules,2s the Commission may adopt modified
or more stringent ex parte procedures in particular proceedings if the public interest so requires. We
20 See Telecommunications Act (No. 20) 2005, as amended ("Telecommunications Act"), attached as Exhibit I to
the Notification and available at
21 Blue Sky Notification at 17-18; ASLI Notification at 14-15.
22 Blue Sky Notification at 18; ASLI Notification at 14.
23 Blue Sky Notification at 21; ASLI Notification at 18.
24 Blue Sky Notification at 22; ASLI Notification at 19.
25 Blue Sky Notification at 23; ASLI Notification at 20.
26 Blue Sky Notification at 25-28; ASLI Notification at 22-25.
27 Blue Sky Notifications at 29-31; ASLI Notification at 25-27.
2 47 C.F.R. 1.1200(a).
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/224/: accessed September 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.