(a)
the technical and economic viability of using or installing competing
facilities, in the light of the rate of market development, taking into account
the nature and type of interconnection and access involved;
(b)
the feasibility of providing the access proposed, in relation to the capacity
available;
(c)
the initial investment by the facility owner, bearing in mind the risks
involved in making the investment;
(d)
the need to safeguard competition in the long term; and
(e)
where appropriate, relevant intellectual property rights.
Obligation of non-discrimination.
25.
(1) The Commission may, in accordance with section 23, impose obligations of
nondiscrimination, in relation to interconnection or access.
(2)
Obligations of non-discrimination shall ensure, in particular, that the licensee (a)
applies equivalent conditions in equivalent circumstances to other
licensees providing equivalent services; and
(b)
provides services and information to others under the same conditions and
of the same quality as the licensee provides for the services of the
licensee, or those of the subsidiaries or partners of the licensee.
Obligation of transparency.
26.
(1) The Commission may, in accordance with section 23, impose obligations for
transparency in relation to interconnection or access, requiring licensees to make
public specified information, such as accounting information, technical specifications,
network characteristics, terms and conditions for supply and use, and prices.
(2) The Commission may, in particular where a licensee has obligations of nondiscrimination in accordance with section 25, require that licensee to publish a reference offer,
which shall be sufficiently unbundled to ensure that other licensees are not required to pay for
facilities which are not necessary for the services requested, giving a description of the relevant
offerings broken down into components according to market needs, and the associated terms and
conditions including prices.
(3)
21
In addition to what is provided for under subsection (2), the Commission shall
impose changes to reference offers to give effect to the obligations imposed under
this Act.