21)
(4)
The Authority, after providing an opportunity for public comment, may exempt the dominant licensee from the application of any such provision to (a)
any service provided by the dominant licensee in a
market in which the dominant licensee does not have
significant market power; or
(b)
any infrastructure operated by the dominant licensee
that is not sufficiently costly or difficult to replicate
such that requiring new entrants to do so would create
a significant barrier to rapid and successful entry by an
efficient competitor.
(5)
The Authority may reclassify a dominant licensee as non-dominant if the licensee no longer meets the criteria for classification as a dominant
licensee.
(6)
ee, either -
The Authority may grant an exemption, or reclassify a licens(a)
on its own motion; or
(b)
(7)
at the request of the licensee.
The Authority shall publish a notice in the Gazette in any case
in which the Authority (a)
(b)
(c)
classifies a licensee as dominant;
reclassifies a dominant licensee as non-dominant; or
grants an exemption to a dominant licensee.
Competitive safeguards
22.
qd)
In addition to any requirements contained in this Act, the
Authority may adopt competitive safeguards designed to deter a dominant
licensee from using its significant market power in one market to impede the
development of competition in another market.