Electronic Communications Act, 2008
ACT 775
(b) the users of these services and of any other electronic
communications service to contribute to the funding of
universal access.
(4) The obligation to provide and contribute to the funding of
universal access shall be determined in a transparent manner and on a
non-discriminatory basis between similarly situated providers of electronic communications services and users.
Tariffs
25. (1) Tariffs for electronic communications services, except those
which are regulated by the Authority under this section shall be determined
by service providers in accordance with the principles of supply and
demand.
(2) The Authority may establish price regulation regimes, which
may include the setting, review and approval of prices by Regulation,
where
(a) there is only one network operator or service provider or
one network operator or service provider that has significant
market power,
(b) a sole network operator or service provider or a network
operator or service provider with significant market power
and cross-subsidises another electronic communications
network or service, and
(c) the Authority detects anti-competitive pricing or acts of
unfair competition.
(3) A service provider shall provide rates that are fair and reasonable
and shall not discriminate among similarly situated persons, including
the service provider and any body corporate with which it is affiliated
except as otherwise provided in this Act.
(4) The Authority may prescribe a method to regulate the cost of
the service for any public electronic communications service in which a
service provider is dominant by establishing a ceiling on the cost, or by
other methods that it considers appropriate.
(5) A service provider shall publish the prices, terms and conditions for its public electronic communications services at the times and
in the manner that the Authority shall specify and the prices, terms and
conditions shall, be the lawful prices, terms and conditions for the
services subject to this Act and the conditions of the licence.
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