provided an expression of interest with a list of the other persons who have provided an
expression of interest.
(4)
The licensee who proposes to construct the communications facility and each person who
has provided an expression of interest shall promptly negotiate in good faith the—
a)
b)
G)
the extent practical, each such person shall be able to use the communications facility
for their reasonably anticipated requirements; and
commercial terms for the construction, maintenance, ownership and ongoing use of
the communications facility by the licensee and each such pdesign characteristics of
the communications facility so that, to erson.
If the design characteristics and commercial terms described in subsection (4) have not
been agreed within 14 days of the negotiations commencing, the Commission may, on
written request by any party to the negotiations, and by written notice to each party, direct
the parties to take specified action to reach agreement (such as to engage an arbitrator).
The parties shall comply with such a direction.
Part VI- Competition
Prohibition on anti-competitive conduct
48.
A licensee shall not engage in a conduct which has the purpose, effect, or is likely to have
the effect, of reducing competition in a communications market.
()
(2)
Without limiting subsection (1), a conduct has the purpose, effect or likely effect of
reducing competition in a communications market if it directly or indirectly involves—
a)
b)
c)
d)
e)
supplying a communications service at a price below cost for a substantial period of
time for the purpose or with the effect or likely effect of limiting competition in a
communications market;
cross-subsidising a service in a competitive communications market from a service
that is supplied in a communications market that is not competitive;
bundling a communications service that is supplied in a competitive market with a
service that is not supplied in a competitive market, in circumstances where more
favourable terms are applied to the competitive service sold as part of the bundie;
imposing restrictions on whom another person may deal with in a communications
market or otherwise hinders the willingness of a supplier to provide goods or services
to another licensee, without legitimate commercial justification;
reducing the margin of profit available to a competing licensee in a retail
communications market by engaging ina margin squeeze at the wholesale or retail
level in circumstances where the wholesale service or access service—
is not supplied in an effectively competitive communications market;
@
(ii)
(iii)
f)
is necessary as a matter of commercial necessity for the
competitor to provide the retail service; and
cannot for economic, technical or legal reasons be duplicated by the
competitor;
pre-emptively acquiring scarce facilities or resources, including land, that are
required or likely to be required by another licensee for the operation of its business,
for the purpose of restricting the use of the facilities or resources by the other
licensee; or
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