5.
In conducting any review pursuant to paragraph 1 of this article, the Authority shall
consult the service providers in question and take into account representations and
information presented by them.
6.
Unless otherwise decided by the Authority in the framework of a review of the relevant
markets pursuant to this article, every service provider shall be deemed as having
significant market power in the telecommunications market for:
a)
The wholesale call termination and short message service (SMS) markets in individual
networks; and
b)
Wholesale international data and voice transmission services markets if the service
provider controls substantially all of the capacity on international fibre-optic cables
connecting Timor-Leste.
7.
Where the Authority finds that a certain service provider holds significant market power
in a telecommunications market pursuant to this article, it may only impose on such
service provider the measures set forth in Articles 37, 41, 43 and 47, and only in cases
where such regulatory measures are adequate, justified and proportionate for addressing
such significant market power.
8.
The Authority shall carry out the first review pursuant to this article within two years
from the date on which any new service providers licensed pursuant to paragraph 3 of
article 83 starts providing commercial services in Timor-Leste.
9.
A market review and the regulatory measures adopted pursuant to this article shall be
subject to paragraph 4 of Article 19.
Article 36
Accounting separation
1.
The Authority may require a service provider to account separately for its revenues from
and costs of the supply of telecommunications services in telecommunications markets in
which it has significant market power from its revenues from and costs of the supply of
telecommunications services in telecommunications markets in which it does not have
significant market power, and to comply with procedures, rules and directives of the
Authority regulating the allocation of joint costs and transactions and other related
matters.
2.
The requirement for accounting separation pursuant to this article shall be subject to
paragraph 4 of article 19.
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