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Telecommunications Act 2005
2005, No.20
(4) Service providers shall not disconnect or otherwise
change any of the telecommunications services then being
provided to a customer and which are the subject of a
complaint or dispute, other than in accordance with the Terms
of Service approved by Regulator pursuant to section 54 or as
permitted by order made by the Regulator.
53. No Unjustified Discrimination-(1) Unless otherwise
specifically permitted by the Regulator, dominant service
providers shall offer all customers the same terms and quality of
service, including tariffs charged, unless different terms are
objectively justified, based on differences in supply conditions,
including different costs or a shortage of available facilities or
resources.
(2) A dominant service provider shall be obliged to justify
any different terms and quality of service under subsection (1)
to the satisfaction of the Regulator, or to cease the practice upon
receipt of an order from the Regulator requiring the dominant
service provider to do so.
54. Terms of Service-(1) The Regulator may issue an
order requiring a service provider to submit draft Terms of
Service to the Regulator for approval. The order shall specify
the schedule for preparation, approval and implementation of
the Terms of Service.
(2) Draft Terms of Service must be consistent with this Act,
the rules, licence conditions and orders made by the Regulator,
and shall describe the basic terms of the business relationship
between the service provider and the service provider‟s
customers in the provision and use of telecommunications
services
(3) The Regulator shall approve all draft Terms of Service,
with or without changes made by the Regulator, after
consultation with the service provider and other interested
parties, as determined by the Regulator. Once approved, these
Terms of Service will replace the customer Terms of Service
then in use by a service provider and shall become binding on
the service provider and the service provider‟s customers.