2005, No.20
Telecommunications Act 2005
117
acknowledgement and apology for such action,
activity or practice in Samoan and English in the
Savali and one other newspaper circulating in
Samoa, in such a form and at such time as the
Regulator specifies in the order; and/or
(e) require the service provider to provide periodic
reports to the Regulator to assist in determining
whether the action or activity is continuing and
to determine their impact on telecommunications
markets, competitors and customers.
(2) A financial surcharge imposed under subsection (1)(b)
shall be payable to the Treasury Fund.
(3) For the purpose of removal of doubt, the Regulator may
revoke a licence where a licensee fails to pay a financial
surcharge imposed under subsection (1)(b).
31.
Transfers
of
Control
of
Service
Providers-(1) Subject to this section, no approvals shall be
required for the transfer of control of a service provider.
(2) No transfer of control of a service provider shall be
effected without the prior approval of the Regulator if:
(a) a dominant service provider or an affiliate of a
dominant service provider is:
(i) the person ultimately acquiring control
of the service provider; or
(ii) the person whose control is being
transferred; or
(b) as a result of the transfer, a person, alone or with
affiliates, would control service providers whose
gross revenues in a specific telecommunications
market constitutes forty per cent (40%) or more
of the total gross revenues of all service
providers in that market.
(3) No transfer of control that requires approval under
subsection (2) shall be completed or have any legal force or
effect unless the person applying for approval of the transfer has
received written approval for the transfer from the Regulator.
(4) Applications for transfers of control that require
approval under subsection (2) shall include such information on