No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
37
COMMUNICATIONS ACT, 2009
(b)
the activities of the requesting carrier will interfere with the activities
of the utility concerned; or
(c)
the activities of the requesting carrier will place an unreasonable burden
upon the utility concerned.
(8)
A dominant carrier or the utility who leases the infrastructure must
maintain that infrastructure and facilities installed in its premises or facilities, in return
for the payment of compensation negotiated between the parties.
(9)
The Authority may after a rule-making procedure make regulations to
ensure that any conditions and charges for such lease are reasonable, non-discriminatory
and fairly apportioned among carriers and utilities.
(10)
Where the parties are unable to negotiate a reasonable price, terms or
conditions for any agreement under this section, the Authority must convene a hearing
to determine the appropriate prices, terms, and conditions.
(11)
For the purposes of this section, “utility” means any person that
provides telecommunications services,broadcasting or any other radio communications
services, as well as electricity, gas or water.
Prohibition against restraint of resale
51.
services.
(1)
All carriers must permit the unrestricted resale of their retail
(2)
A licensee who is dominant in respect of some class of
telecommunications services must offer such telecommunications services for resale at
a discounted rate to any requesting reseller.
(3)
Where the parties are unable to negotiate a discounted rate for resale,
the parties may request the Authority to convene a hearing to determine such resale
discount rate.
(4)
A licence is not required by a person that only resells telecommunications
services obtained from a licensee.
Duty not to discriminate when rendering telecommunications services
52.
A carrier may not provide telecommunications services on terms
that discriminate against, or give undue preference to any user, reseller or provider of
telecommunications services on the grounds that –
(a)
that user, reseller or provider renders any service or class of service or
does not provide any service or class of service to the public;
(b)
that user, reseller or provider uses or does not use any service or class of
service rendered by that carrier or an affiliate of that carrier that is not
reasonably related to the service in question; or
(c)
that user, reseller or provider makes use of any service rendered by a
third person.