50 No. 3
Electronic and Postal Communications
2010
licensee by written notice to cease or refrain from taking such
action, as the case may be.
(5) A person who contravenes any of the provisions of this
section commits an offence and shall be liable on conviction to a
fine not exceeding twenty thousand US dollars or its equivalent in
Tanzania shillings.
Powers of
the
Authority on
dominant
licensee
61. The Authority shall have powers to determine dominant
position of electronic communication licensee in the relevant
market.
(b) Competition practices
Electronic
communications
licensees
holding a
dominant
position
62.(1) The Authority shall, not later than 31 December of
each year, publish in the Gazette a list for the following calendar
year of (a) all electronic communications markets that will or are
likely to exist; and
(b)
electronic communications licensees determined by
the Authority to hold for each electronic
communications market a dominant position.
(2) The Authority shall determine an electronic
communications licensee to hold a dominant position in a given
electronic communications market for a given calendar year for the
electronic
communications
market
and
the
electronic
communications licensee has more than thirty five percent, acting
alone, be able to profitably and materially restrain or reduce
competition.
(3)
The Authority shall produce and make public
guidelines, for use by the Authority, on the manner of defining an
electronic communications market and of determining whether a
licensee holds a dominant position therein.