b) To set a floor for a price of a service; or
c) To share or divide markets according to geographic location, types of consumers,
or agreements not to enter a market.
4) The Horizontal Agreements referred to in Sub‐Article 3 of this Article, apply to
mutual understanding, oral or written, between operators that compete at the same
market level; either in a retail or wholesale market.
5) Sub‐Articles 1 through 3, of this Article, do not apply to prices or terms and
conditions of services that have been set by the Authority pursuant to the
Proclamation, or any applicable Directive adopted by the Authority.
14. Anti‐Competitive Practices of SMP Operators
SMP Operators are prohibited from engaging in any practice described in Articles 15
through 19 of this Article, and such practices shall be deemed acts of abuse of market
dominance.
15. Failure or Refusal to supply
1) A Telecommunications Operator shall not fail to supply interconnection,
collocation, or infrastructure sharing services to another operator within the
timeframes provided in the Authority’s Telecommunications Infrastructure Sharing
and Collocation and Telecommunications Interconnection Directives, and under
reasonable terms and conditions including fees, unless it cannot be supplied for
technical reasons, in accordance to the Proclamation, the Telecommunications
Infrastructure Sharing and Collocation Directive, the Telecommunications
Interconnection Directive, or any applicable Directive adopted by the Authority.
2) A failure or refusal to supply such services under Sub-Article (1) of this Article shall
include, but not limited to, the following:
a) Failure to grant access to Essential Facilities; or,
b) Failure to provide information, delaying Interconnection, or negotiations for
Interconnection; or,
c) Degrading the quality of network Interconnection, or preventing network
Interconnection.
3) The Authority shall count as refusal or failure to supply, conduct that includes
offering Interconnections, Collocation, or Infrastructure Sharing, under conditions
so unreasonable that they delay, or preclude, entry or expansion of services by
competitors.
16. Undue Discrimination
Providing interconnection, collocation, or infrastructure sharing services to a
downstream competitor on terms and condition that are less favorable than the terms at
which the SMP Operator self‐supplies the same services shall be deemed an anti‐
competitive practice, if this discrepancy cannot be explained by technical reasons, cost
reasons, or any other objective justification.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents