1. A service provider’s transfer of control shall not become effective without one or more parties providing
written notification of the intended transaction to the General Secretariat. The written notification shall be given
without delay, within a period of not less than sixty (60) days prior to the intended completion date of the
transaction.
2. Such notification shall identify with sufficient clarity all the parties to the transaction, including their respective
Affiliates or any related Persons, and shall summarize the nature of the transaction, including the intended
completion date. In addition, the Licensee shall provide such information and comply with such procedural
requirements as the General Secretariat may specify.
3. Within thirty (30) days of receiving the notification, the General Secretariat shall issue a written order to the
parties confirming whether the transaction will require approval under Article 78 of this By-Law. Where approval
of the transaction is not required, the order shall reflect this, in which case it shall also specify any conditions that
would apply to any additional ownership, voting or other rights in the entity to be acquired, or to any Affiliates of the
entity to be acquired. The order shall also indicate under what circumstances any proposal to acquire additional
rights in the entity must be notified to the General Secretariat for review.
Article 78
A service provider’s transfer of control shall not be effected without the prior approval of the General Secretariat if:
1. A Dominant Service Provider, or an Affiliate of a Dominant Service Provider, is the Person ultimately
acquiring control of the Service Provider or the Person whose control is being transferred.
2. The General Secretariat determines in its sole but reasonable discretion that as a result of the transfer a Person,
alone or with its Affiliates or related persons, may become a Dominant Service Provider.
3. The General Secretariat determines in its sole but reasonable discretion that the proposed transfer of control
may result in a substantial reduction of competition.
Article 79
No transfer of control that requires prior approval under the preceding Article shall be completed or have any legal
force or effect unless the Person applies in writing to the General Secretariat for approval of the transfer and receives
written approval thereof
Article 80
Applications for transfers of control stipulated under the preceding Article shall contain detailed information
regarding the proposed transactions, provided that such information shall at a minimum include the
following:
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