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(5) For the purposes of subsection (1), any provision or condition of a prior licence conferring on the licence
holder any exclusive right, other than—
(a) exclusive rights with respect to radio spectrum;
(8) any right that is conferred in compliance with the requirements of section 3,
is of no effect and shall not be enforceable.
Provisions applicable to all licences
3.—(1) Any licence issued under this Promulgation shall not permit the licensee, during the period of 18
months following the date of signing the Settlement Deed, to obtain telecommunications services to and from Fiji
other than from Fiji International Telecommunications Limited, so long as Fiji International Telecommunications
Limited provides the specific service requested by the licensee and does so at prices approved by the Commerce
Commission.
(2) Any licence issued under this Promulgation shall not permit any person operating a mobile network, other
than Vodafone (Fiji) Limited, to offer commercial mobile services to the public before 1 October 2008.
(3) No person shall be entitled, whether under a licence issued under this Promulgation or under any other
law, before 1 July 2012, to access any broadband infrastructure investment implemented by Telecom Fiji Limited,
otherwise than on commercially negotiated terms.
{4) For the avoidance of doubt, reference in this section to a licence issued under this Promulgation includes
reference to a replacement licence issued under section 2 of this Schedule.
4.
Certain services not to be regulated initially
This Promulgation will not apply in respect of the following services during the period of 3 years following
the signing of the Settlement Deed—
{a) national roaming;
(6) mobile virtual network operator or other wholesale mobile services (including cellsite co-location, toll,
bypass or carrier selection);
{c) local loop unbundling;
but nothing in this section shall prevent a licensee from entering into arrangements for such services on commercially
negotiated terms.
Designations by the Minister under section 48(1)(d) of this Promulgation
5. During the period of 3 years beginning with the commencement of this Promulgation, the Minister will
not make any designation of a service under section 48(1)(d) of this Promulgation.
Deferred commencement of section 81 of this Promulgation
6.—(1)
Onor before 1 July 2009, the Government shall assume responsibility for any safety of life at sea
services then being provided by Telecom Fiji Limited or any other holder of a licence issued under this Promulgation
or under the repealed provisions of the Posts and Telecommunications Decree 1989.
(2) Notwithstanding its earlier commencement, section 81 shall have effect on and from the date of the
assumption of responsibility by the Government under subsection (1).
Continuation of Proceedings
7.—(1) — This section applies to any action, arbitration, proceedings or cause of action that relates to a
transferred asset or liability and that immediately before the commencement is pending or existing by, against, or in
favour of the State or to which the State is a party.
(2) Any action, arbitration, proceedings or cause of action to which this section applies shall vest in the Authority
aud may be prosecuted and, without amendment of any writ, pleading or other document, continued and enforced
by, against, or in favour of the Authority.