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“dominant service provider” means a service provider having a
position of economic strength affording it the power
to behave to an appreciable extent independently of
competitors and users in a telecommunications
market: PROVIDED THAT —
(a)
(b)
aservice provider shall be deemed to be a
dominant service provider in the
telecommunications markets for —
(i)
interconnection services for the
termination of voice calls to its users on
its telecommunications network; and
(ti)
access to its essential facilities; and
Solomon Telekom shall, as at the
commencement date, be deemed to be a
dominant service provider in all
telecommunications markets except in the
market for mobile telecommunications services,
except that Solomon Telekom may at any time
apply to the Telecommunications Commission
to have its position as a deemed dominant
service provider under this paragraph revoked
on the basis that it is not in fact a dominant
service provider in those telecommunications
markets;
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“essential facility” means a facility that satisfies all the
following criteria—
(a) _ the facility is owned or controlled by a service
provider;
(b) _ the facility is essential for the provision of
telecommunications services;
(c)
(d)
that for technical, legal, economic or other
reasons cannot practicably be duplicated by
another service provider;
the lack of access to the facility presents a
barrier to entry into the market of a new
service provider or to expansion of an existing
service provider;