(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