28 No. 3 Electronic and Postal Communications 2010 (3) Where the licensee fails to respond in accordance with this Act or where the licensee responds but subsequently withdraws that response, the Authority may modify the licence as specified in the notice. (4) Where the licensee responds in accordance with subsection (2)(c) the Authority may either(a) issue the licence modified in accordance with the notice; (b) issue the licence with modifications by incorporation of the licensee’s response partially or wholly as it may deem fit; or (c) make no modifications to the licence. Material breach 21. The following shall constitute fundamental or material breach (a) failure of a licensee to commence constructions of the network within twelve months from the date of issuance of the licence; (b) failure of a licensee to provide service to customers within twelve months from the date of issuance of the licence; (c) continuous interruption of service for a consecutive or combined period of thirty days over any six months period provided that the interruption is not a result of force majeure; (d) bankruptcy or filing of any insolvency proceeding against the licensee or adjudication of the same in favour of creditors of such proceeding is filed against the licensee; (e) any proceeding or assignment of assets for the benefit of creditors, or any state of the licensee which may be considered as “insolvency” under any written law in force; (f) repetition or continuation of an event of infraction following written notice by Authority to cease operation or a combination of the events of infraction;