(2) A licensee is not in breach of the principle of
equal access and non-preferential treatment if the
licensee­
(a) considers the ability of a person to pay for
an information and communications service
or system when deciding whether to provide
it to the person; or
(b) makes other rational classifications among
subscribers, such as, business and resi­
dential, high or low volume, and provides
the information and communications
service or system on the basis of those
classifications and all persons within a
given classification are served on a nonpreferential basis.
Universal
service
obligation

112. (1)The Authority shall-

(a)	 determine the most effective and appro­
priate approach for ensuring the imple­
mentation of universal access or service,
with due respect for the principles of
objectivity, transparency, non-discrimination
and proportionality; and
(b)	 shall endeavour to keep market distortions
to a minimum, particularly where they take
the form of service provision at rates or
under conditions which differ from those
normally prevailing in a commercial
operation, while protecting the public
interest.
(2) The universal access obligation may be fulfilled
by­
(a)	 contribution to the provision of universal
service;
(b)	 the provision of information and communi­
cations systems or services at lower than
tariff or normal rates; or

112

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