112 Telecommunications Act 2005 2005, No.20 competition in telecommunications markets in Samoa, including but not limited to the Fair Trading Act 1998, the provisions of this Part shall prevail. (3) The Regulator may issue an order that authorizes a person to provide a telecommunications service and to construct and operate telecommunications facilities, notwithstanding that a service provider has been granted exclusive rights by licence, agreement or other wise, to engage in such service provision, construction or operation, provided that: (a) the Regulator has given the service provider with exclusive rights notice of: (i) the Regulator‟s intention to issue an order under this subsection; and (ii) at least 21 days to comment before such an order is made; and (b) after taking into account any comments received under paragraph (a), the Regulator has made an order that the service provider with exclusive rights has unreasonably failed or refused to provide such services, or to construct and operate such facilities. 26. Designation of Dominant Service Providers-(1) Every service provider 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, shall be designated a dominant service provider in that market, unless and until the Regulator specifies otherwise in an order. (2) The Regulator may designate a service provider with less than forty per cent (40%) of the total gross revenues in a specific telecommunications market as a dominant service provider if, either individually or acting together with others, the service provider enjoys a position of economic strength affording it the power to behave to an appreciable extent independently of competitors or customers. (3) The Regulator shall post and maintain on its official web site a current list of all dominant service providers