(3) If the outcome of such an investigation leads to the conclusion that the delegee
fails to meet or no longer meets its obligations, the delegee shall bear the costs
of the investigation.
4.12 Oversight measures
(1) In cases where a delegee no longer meets its obligations, the regulator may:
a) instruct the delegee to remedy the failing or take steps to prevent
recurrence; the delegee shall inform the regulator of the action taken;
b) order the delegee to turn over to the regulator any illicitly acquired
proceeds;
c) incorporate charges in the official authorization or contract;
d) restrict or suspend the official authorization or contract, or revoke the official
e) authorization or terminate the contract without notice, as per the Guideline
4.13.
(2) The regulator may promulgate provisional measures as it may see fit.
4.13 Termination of delegated activity
(1) The regulator may revoke the official authorization or terminate the contract
without compensation if a delegee stops meeting the conditions for exercising
the delegated activity, goes out of business, or is declared bankrupt.
(2) The regulator may revoke the official authorization or terminate the contract,
awarding the delegee an appropriate indemnity, if there is a change in
circumstances or in the law and revocation or termination, respectively, is
necessary to protect overriding public interests.
(3) The regulator may delegate the management and allocation of the resources in
question to a new delegee. In the absence of a candidate who meets the
conditions for exercising the delegated activity, it shall revert to the regulator.
(4) Holders' claims upon Internet resources allocated to them shall be preserved
against the new delegee or the regulator.
(5) The delegee, in the case of a bankruptcy, shall cooperate with the new delegee
or the regulator and provide any assistance and technical and organizational
support that may be necessary to protect the continuity and the security of the
delegated resource management. In particular, they shall make available their
record of activities and other data or information and the databases and
technical computerized infrastructure that may be required for the purpose of
continuing the delegated activity.
(6) The delegee shall be entitled to an indemnity based on the useful value of the
assistance provided. The indemnity shall be fixed by the regulator if it is
requested to do so.
(7) The delegee or the corpus, in the case of a bankruptcy, shall ensure that
holders to whom they have allocated Internet resources are aware of their going
out of business and of the procedures required to safeguard their claims.
Rwanda Utilities Regulatory Agency
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