49
(d)
where and to the extent that the
Telecommunications Commission
that the benefits of such disclosure
furthering the objective in section
the benefits to the relevant person
confidential treatment under the
circumstances.
considers
in
3 outweigh
of
(6)
The Telecommunications Commission shall provide
reasonable prior written notice to a person of its intention to
disclose confidential information pursuant to subsection (5)
and allow such person a reasonable opportunity to make
representations, with such period being not less than
fourteen days.
(1)
The Telecommunications Commission shall, when
30.
performing its functions and duties and exercising its powers under this
Act—
(a)
refrain from introducing and remove any
determination, order or direction where it
reasonably anticipates that the presence of
effective competition in a telecommunications
market or Part 8 are sufficient to achieve the
goals of such determination, order or direction
within a reasonable period of time ina
telecommunications market; and
(b)
ensure that each determination, order and
direction, including each obligation therein, is
proportionate to its purpose.
(2)
The Telecommunications Commission may allow
effective self-regulation by service providers in place of
determinations, orders or directions issued by it.
(3)
In determining whether measures for self-regulation
are effective, the Telecommunications Commission shall
consider, in particular—
(a)
whether those procedures are administered by
a person who is sufficiently independent of
the persons to whom the procedures apply;
(b)
whether adequate arrangements are in force
for implementing, monitoring, enforcing and
Burden of
regulation