2)
Impose a fine on a Licensee, according to the provisions of this Law and its
Executive Provisions.
3)
Freeze or cancel the License, partially or totally, according to the provisions of
this Law and its Executive Provisions.
Article 41 Obligations of Interconnection and Access to Telecommunications Facilities
(a)
A Licensee designed as having a Dominant Position in the market shall draft a
Reference Interconnection Offer and to allow Access to its Telecommunications
Facilities, in accordance with the forms approved by the Authority for this purpose.
Such Reference Offers shall be submitted to the Authority for approval.
(b)
Any Licensee having a Dominant Position must meet any reasonable request for
interconnection, at technically feasible points, in the manner established by the
Authority. In this event, the Licensee shall apply similar conditions in all similar
circumstances, without discrimination, irrespective of the question whether the party
requesting the interconnection is a subsidiary of the Licensee.
(c)
Any Licensee having a Dominant Position in the Market must meet all reasonable
requests for Access to its Essential Telecommunications Facilities, in the manner
determined by the Authority, and such that it is not inconsistent with the Reference
Offer set out in paragraph (A) hereof, and the Licensee’s future plans disclosed to the
Authority. In this event, the Licensee shall apply similar conditions in all similar
circumstances, without discrimination, irrespective of the question whether the
Licensee requesting the interconnection is a subsidiary of the Licensee
(d)
The Authority may, in special cases, and in order to ensure interoperability, impose
obligations on Licensees that are not designated as having a Dominant Position to meet
the request by another Licensee for Interconnection or Access to its
Telecommunications Essential Facilities, in accordance with terms that [the Authority]
shall set forth.
(e)
The Licensee having a Dominant Position in the Market have the obligation to set in its
Reference Offers its tariffs for Interconnection and Access to its Telecommunications
Facilities, in a transparent manner and without cross-subsidization or bundling.
(f)
The Executive Provisions shall define the conditions for providing Interconnection and
Access to Telecommunications Facilities.
Article 42 Cost-Orientation and Accounting Separation Obligations
(a)
Licensees with Significant Market Power have the obligation to set their wholesale and
retail prices in a cost oriented, and technically and economically efficient manner. The
Authority shall periodically verify the Licensees’ compliance with this provision.
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