54.
(2)
Disputes between a service provider and a customer shall also be subject to Sections
74 and 75.
(3)
Service providers shall not disconnect or otherwise change any of the
telecommunications services provided to a customer, and which are the subject of a
complaint or dispute, other than in accordance with the terms of service approved by
the LTA pursuant to Section 55(3) or as permitted by an order made by the LTA.
No Unjustified Discrimination
(1)
(2)
55.
Unless otherwise specifically permitted by the LTA, dominant service providers shall
offer all customers the same terms and quality of service, including tariffs charged,
unless different terms are objectively justified, based on differences in supply
conditions, including different costs or a shortage of available facilities or resources.
This prohibition shall apply as between:
(a)
customers of the dominant service provider who are the end users or
consumers of the services;
(b)
customers of the dominant service provider who rely on services from the
dominant service provider, in order to provide telecommunications service to
other customers; and
(c)
customers of the dominant service provider and the dominant service
provider itself.
Where any discrimination is shown, the dominant service provider shall be obliged to
justify it to the satisfaction of the LTA, or to cease the discrimination upon receipt of
an order from the LTA requiring the dominant service provider to do so.
Terms of Service
(1)
The LTA may issue an order requiring a service provider to submit draft terms of
service to the LTA for approval. The order shall prescribe the schedule for
preparation, approval and implementation of the terms of service.
(2)
Draft terms of service must be consistent with this Act, any applicable regulations,
rules, and orders made by the LTA, and all licence conditions, and shall describe the
basic terms of the business relationship between the service provider and its customers
in the provision and use of telecommunications services.
(3)
The LTA shall approve all draft terms of service with or without changes, after
consultation with the service provider and other interested parties, as determined by
the LTA. Once approved, these terms of service will replace the customer terms then
in use by a service provider and shall become binding on the service provider and its
customers.
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