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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