Electronic and Postal Communications (Access, Co-location and Infrastructure
sharing)
G.N. No. 429 (contd)
electronic communications network and service;
(d) there is insufficient capacity.
Obligation
s of
dominant
licensee
12.-(1) The Authority may impose any access-related
obligations on a licensee declared to hold a dominant position in
a relevant market.
(2) Where such other access-related obligations are
imposed, the Authority shall provide written reasons to the
licensee.
(3) The Authority may review obligations imposed on
licensees under these Regulations when it conducts its periodic
reviews under the methodology for determining market power.
(4)
The Authority shall, in complying with the
provision of sub-regulation (3), consider whether to amend or
withdraw any obligations that are in force and whether to
impose additional obligations.
(5) A licensee who has been declared by the Authority
to hold dominant position in a relevant market shall(a) continue to offer, and not withdraw access to
communications networks and communications
infrastructure already granted, except on reasons
determined by the Authority;
(b) negotiate in good faith with access acquirer.
(6) Where a licensee is declared to hold a dominant
position in a
relevant market, the authority may additionally require it to(a) give other licensees access to specified elements of
either or both of the licenses’ communications
networks and communications facilities;
(b) provide access acquirer with access services;
(c) provide communications services as may be
specified by the authority on a wholesale basis for
resale by other licensees;
(d) grant open access to technical interfaces, protocols
or other key technologies that are indispensable for
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