No. 3
Electronic and Postal Communications
(a)
(b)
(c)
2010
49
eliminating or substantially damaging another
licensee in the market in which it operates or in any
other market;
preventing the entry of any other person in that
market or any other market; and
deterring any other licensee from engaging in
competitive conduct in that or any other market.
(2) A dominant licensee shall not discriminate between
persons who acquire or make use of electronic communication
service in the market in which he operates in relation to (a) any fees or charge for the service provided;
(b) the quality of service provided; or
(c)
any form or condition on which the service is
provided;
(3) Nothing in sub-section (2)(a) shall prevent a dominant
licensee from making a reasonable allowance, subject to the
approval of the Authority, for the cost of providing an electronic and
postal services where the difference results from (a)
different quantities in which the service is
supplied;
(b)
different transmission capacities needed for the
supply of the service;
(c)
different places from, or to which the service is
provided;
(d)
different periods for which the service is provided;
(e)
different performance characteristics of the service
provided; or
(f) doing an act in good faith to meet a price or benefit
offered by a competitor;
(4) Where it appears to the Authority that a dominant
licensee telecommunications systems provider is taking or intends
taking any action which has or is likely to have the effect of giving
an undue preference to or causing undue discrimination against any
person or category of persons, the Authority may, after giving the
dominant licensee concerned an opportunity to be heard, direct the