Breach of obligations of licensee.
21.
Failure by a licensee to comply with a condition relevant to that licensee as provided
for in sections 15 to 19, or a decision of the Commission relating to that condition,
shall constitute a contravention of this Act and shall be investigated in accordance with
section 36 of the Swaziland Communications Commission Act, 2010, and sanctioned
in accordance with section 42 of that Act.
PART V
LICENSEES HOLDING A DOMINANT POSITION
ON THE MARKET
Obligations of dominant licensees.
22.
In addition to the obligations provided for under Part IV, a licensee holding a dominant
position on the relevant market may be subjected to specific regulatory obligations
arising out of the nature of the dominant position of that licensee, as provided for
under this Part.
Market definition, analysis and determination of dominance.
23.
(1) The Commission shall, in accordance with the principles of competition law,
periodically define relevant markets appropriate to national circumstances, in
particular relevant geographic markets, and the Commission shall carry out an analysis
of those markets.
19
(2)
Where the Commission determines that a market is effectively competitive, it
shall not impose or maintain the regulatory obligations provided for in this Part.
(3)
Where the Commission determines that a relevant market is not effectively
competitive, the Commission shall identify and designate licensees with a
dominant position in that market and shall impose upon those licensees the
appropriate regulatory obligations provided for in sections 24 to 28.
(4)
An obligation imposed by the Commission under this Part shall be (a)
based on the nature of the problem identified;
(b)
objective, transparent, proportionate and non-discriminatory; and
(c)
implemented in accordance with the consultation procedure provided for
under section 32 of the Swaziland Communications Commission Act, 2010.