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Telecommunications Act 2005
2005, No.20
this Act, if the licence provides that the tariffs
are not subject to regulatory approval.
(3) Tariffs for telecommunications service provided by the
dominant service providers shall be based on the cost of
efficient service provision and shall not contain excessive
charges which are made solely as a result of the service
provider‟s dominant position.
(4) The Regulator may issue an order to require a change in
the tariffs for telecommunications services provided by a
dominant service provider where such tariffs are in
contravention of subsection (3). Such an order shall nominate
the new tariff amount and give reasons for the required change.
(5) Tariffs that are subjects to filing with and approval by
the Regulator under this section shall enter into force only after
they have been approved by an order of the Regulator. Any
agreement or arrangement between service providers and any
customer to apply such a tariff, other than one approved by the
Regulator, is prohibited and, despite any other law, shall be
regarded for all purposes as null and void.
(6) Unless the Regulator makes an order to the contrary, a
dominant service provider shall not be required to file or obtain
approval of tariffs for services that are provided in markets
where the service provider is not designated to be a dominant
service provider.
(7) A service provider shall not charge for a accept tariffs,
rates, charges, other consideration or impose terms or
conditions that are contrary to the provisions of an applicable
tariff approved by the Regulator.
41. Publication of Tariffs-(1) Unless the Regulator orders
otherwise, when a dominant service provider files a tariff or
schedule of tariffs with the Regulator, the service provider shall:
(a) from the date on which the tariff or schedule of
tariffs is filed until the tariff is approved:
(i) publish an electronic copy on the
service provider‟s web site; and
(ii) maintain a paper copy available to
the public at the service provider‟s main
business offices; and