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Telecommunications Act 2005
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specifying the markets in which such providers have been
designated to be dominant.
(4) Orders designating dominant service providers shall
specify and define the relevant markets for which a service
provider is designated to be dominant and the circumstances
relied on by the Regulator to support any findings regarding
dominance.
27. Abuse of Dominance-A dominant service provider is
prohibited from undertaking activities or actions that abuse the
service provider‟s dominant position, and for the purposes of
this section the following types of actions and activities shall be
considered an abuse of dominant position:
(a) failing to supply essential facilities to a competitor
within a reasonable time after a request and on
reasonable conditions, or discriminating in the
provision
of
interconnection
or
other
telecommunications service providers; except
under circumstances that are objectively justified
based on differences in supply conditions,
including different costs or a shortage of
available facilities or resources;
(b) bundling of telecommunications services, whereby
the service provider requires, as a condition of
supplying a service to a competitor, that the
competitor does not require;
(c) offering a competitor more favourable terms or
conditions that are not justified by cost
differences if the competitor acquired another
service that the competitor does not require;
(d) pre-emptively acquiring or securing scarce facilities
or resources, including but jot limited to rights of
way, required by another service provider for the
operation of such service provider‟s business,
with the effect of denying the use of the facilities
or resources to such service provider;
(e) supplying competitive telecommunications services
at prices below long run average incremental