Telecommunications Ordinance
Part 4
4-14
Section 14
Cap. 106
(ii) the guidelines issued by the Authority under
section 6D(2)(b) on the application of the principle
referred to in subparagraph (i) in any such
proceedings; and
(iii) the reasons and technical requirements concerned,
if any, referred to in subsection (1B)(d);
(b) regard shall not be given to the amount of any
interim fee specified by virtue of the operation of
subsection (1D). (Added 36 of 2000 s. 8)
(7) Where in any arbitration proceedings for the purposes of
subsection (5)(b)—
(a) there is a dispute on a matter other than the technical
requirements concerned, if any, referred to in
subsection (1B)(d); and
(b) the arbitrator is of the opinion that, without determining
that matter—
(i) the licensee and the person concerned will
not reach an agreement to give effect to
the authorization concerned referred to in
subsection (1A); or
(ii) the determination referred to in subsection (5)(b)
cannot be made,
then the arbitrator may determine that matter in any manner
fair and reasonable in all the circumstances of the case and
not inconsistent with the authorization concerned referred to
in subsection (1A). (Added 36 of 2000 s. 8)
(8) In a determination referred to in subsection (5)(b), the
arbitrator shall—
(a) in specifying the fee to which the determination relates,
include provisions for set-off in view of any interim fee
paid by virtue of the operation of subsection (1D); and
Last updated date
2.8.2012
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