The adoption of an open entry policy does not necessarily mean that ICT service providers are not required to file information with the regulator. In many countries, service providers are required to file some form of notification with the regulator prior to or shortly after commencing the provision of ICT services or network operations.
In some countries (e.g. Estonia, Ireland, and Sweden), regulators will provide confirmation of the receipt of notification, though in other cases (e.g. Germany), such confirmation is provided only upon request. In some countries (e.g., Canada), the regulator typically does not provide formal confirmation, however, service providers may check a list of registered entities that is posted on the regulator’s website to verify that they have been registered.
Service providers and operators usually have an ongoing duty to keep information filed with the regulator current and to notify the regulator upon terminating the provision of ICT services and network operations.
Filing a notification of the commencement of services and network operations is frequently tied to the enjoyment of certain rights established in the legislative framework governing the sector. For example, legislation or regulations may stipulate that a service provider obtains the right to negotiate interconnection and access arrangements once it has filed a notification of the commencement of services and network operations. Prior to filing such a notification, a service provider does not enjoy such rights. Tying the enjoyment of various rights such as the right to negotiate interconnection and access arrangements creates a positive incentive for service providers to comply with notification requirements.