(b) it has the ability to erect or benefit from barriers to market entry;
(c) the Commission has so determined a dominant market power report, after
considering the circumstances and criteria set in these Regulations.
8. Dominant market power reports.
(1) The Commission may on its own motion or on the application of an interested
person, prepare a dominant market power report to determine whether a license
dominant in a service or geographic communications markets.
(2) The Commission may, among other factors, use the criteria in regulation 7(2)
when assessing or designating a communications market.
(3) The Commission shall, where it determines that a licensee has the ability to
materially raise prices in such market without suffering a commensurate loss in
service demand to other licensees or the ability to erect, or to benefit from, barriers
to market entry that will materially affect the decision of other operators to enter
such market, in its
dominant power report determine that a licensee is dominant in a specific
communications market.
(4) Subject to any other determination of the Commission, or to the demonstration
by a licensee in the specific circumstances that the determination as dominant
should not apply, the Commission may presume that a licensee is a dominant
service provider in a communications market where the licensee’s gross revenues
exceeds twenty five per cent of the total revenues of all licensees in the relevant
market.
(5) The Commission may direct dominant service provider to cease a conduct in
that market which has or may have the effect of substantially reducing competition
in any communications market or to implement appropriate remedies.
9. Interconnection obligations of a dominant telecommunications service provider.
(1) Where the Commission has declared a licensee to be a dominant
telecommunications service provider, the licensee shall—
(a) meet all reasonable requests for access to its public telecommunications
network, in particular access at any technically feasible point on its
telecommunications network;