230 Statutory Instruments 15th June, 2012 (a) the applicant has the capacity to meet the supply of appropriate equipment, goods and services for— (i) persons with special needs; (ii) the delivery of quality and affordable communication services; and (iii) ensuring availability and accessibility to all persons; and (b) the applicant has duly submitted a plan specifying— (i) the appropriate equipment, goods and services that the applicant will supply in fulfilment of the universal service obligation in the designated area; (ii) how the applicant will fulfil the universal service obligation; (iii) the appropriate terms and conditions on which the equipment, goods and services are to be supplied; (iv) the appropriate arrangements for the marketing and the supply of the equipment, goods and services to the persons for whom it is intended to benefit; (c) the designation will not have a negative impact on the level of competition in the particular area or place; (d) there are inadequate services in particular areas or places; (e) the designation will assure the commercial viability of installation of electronic communications networks or providing electronic communications services in particular areas or places; (f) the designation will not create any barriers to the use of available services; (g) the application complies with any other requirements under the Act, any other law or as are stipulated by the Authority; and (h) the application is not contrary to the public interest, public health or safety. Performance 7. (1) The Authority shall carry out periodic performance monitoring monitoring of a universal service provider in order to ensure that the performance of the universal service provider meets the levels of performance required by the Authority.

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