The IRU “means the exclusive, unlimited and unworkable right to use the relevant capacity (including equipment, fibre or capacity) for any legal purpose.”  It refers to the bandwidth purchased, for example after the sealing of a submarine wiring system at the end of construction, and the maintenance contract (C-MA) between the owners. This is a way for homeowners to use unused capacity or any unused capacity after the system is put into service. The Unenforceable Use Right (IRU) is a kind of permanent telecommunications lease that cannot be cancelled between the owners of a communication system and a customer of that system. The word “unenforceable” means “not being able to be declared or unreported or cancelled.” The client acquires the right to use a certain amount of the system`s capacity for a number of years. IRU contracts are almost always long-term and usually take 20 to 30 years. The communication system can be a wire cable. B, for example, an underwater communication cable, a fibre optic cable or a satellite. An IRU owner may use unconditionally and exclusively the corresponding capacity of the IRU`s network of beneficiaries during the specified period. A client`s business requirements may require capabilities on different routes at different times.
This can be covered by the indication of fixed capacity requirements in the total amount and potential lines by which this capacity may be required. To activate a route, the employment contract and maintenance contract can provide the customer`s rights to trigger specific routes. Under standard capacity contracts, network maintenance, service levels and service credits are provided in the customer`s best interest. Under an IRU, the client must, as he presents the risk and benefits of ownership of the value of the connection, technically maintain this system, but it can be created a bypass device in which the provider provides maintenance and network upgrade services as part of an outsourcing contract that can be integrated into the IRU or is part of a separate agreement between the parties. To facilitate the processing of the agreement as an IRU, the granting of access must be unfeasible and grant the customer economic property rights over network assets similar to those of the supplier. Typical capacity agreements are structured as service agreements, while an IRU must be structured so that it can be treated as a tax and accounting IRU. In the case of a normal capacity service contract, the customer has a right of termination if the provider does not provide capacity services and may include a refund of advances. What`s in a network access agreement? Telco Reseller Agreements – Legal Issues Standard Type of Telecommunications Services Dark-Fibre Telecommunications Agreements for Telcos advertising policies for Managed Carriage Services Agreements for IT companies Another tricky scenario is where the network has not been set up and impracticality is not fully present. To cover this situation, the specified point-to-point capacity may be indicated, with some routes and strands undergoing a separate design process as part of a network design and creation agreement.
Conversely, the supplier may be granted a call option that can be exercised by the supplier if the customer violates the contract, such as.B. The insolvency which then forces the client to resell his interest for an amount corresponding to the outstandings. Qualifying as unachievable, an IRU agreement as a rule: the duration of an IRU is usually about 15 years, during which the supplier gives the customer exclusive access to capabilities via a fiber optic system. Unlike a standard capacity service contract, the customer usually has to pay the price in advance for the customer to have the rights to the system for the actual life of the asset and enjoys the benefits of a tax amortization premium that is not normally available with the co