2005, No.20
Telecommunications Act 2005
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range that has previously been approved by the
Regulator; and
(b) essential terms and conditions of interconnection,
other than interconnection charges, shall not be
considered confidential.
(5) The Regulator shall determine what other information
shall be treated as confidential under this section and resolve in
a final and binding manner all disputes regarding disclosure of
information designated as confidential in interconnection
agreements submitted to the Regulator under this section.
39. Non-compliant Interconnection Agreements–If the
Regulator decides that an interconnection agreement is not in
compliance with this Act, or the requirements of any regulation,
rule, order or licence, the Regulator may issue an order
requiring one or more of the parties to the interconnection
agreement to amend the agreement in accordance with any
directions or other requirements specified in the order.
PART VIII
TARIFFS
40. Tariff Filing and Approval-(1) Dominant service
provider shall file with and obtain the approval of the Regulator
for all tariffs, rates or charges for telecommunications services
in markets the Regulator has designated then as dominant.
(2) The Regulator may issue an order to remove any
requirement for dominant service providers to file and obtain
approval of tariffs under this Part where the Regulator
determines that:
(a) competitive market forces will be sufficient to
protect the interests of customers;
(b) there is not a significant risk of harm to competitive
markets as a result of the removal of the
requirement to file and obtain approval of tariffs;
(c) in the case of Telecom Samoa Cellular Limited,
tariffs are not required to be filed for services
that company was licensed to provide under a
licence issued before the coming into force of