10. Undue Price Discrimination Any Telecommunications Operator in a relevant retail market shall not charge different prices to customers or classes of customers, for similar services sold under similar terms and conditions, unless this can be justified by differences in the cost or expected cost, of providing the relevant service. PART SIX REVIEW OF TARIFFS 11. Review of Tariffs 1) The Authority shall have the power to review and control tariffs of any licensed Telecommunications Operator pursuant to Article 46 of the Proclamation. 2) The Authority may, on its own motion, or in response to a petition filed by any interested party, initiate a proceeding to observe whether the tariffs of any Telecommunications Operator are lawful. 3) Where the Authority decides to initiate a proceeding to review a tariff, it shall follow the pricing principles described in Articles 8 and 9 of this Directive, depending on whether the review is for a wholesale or a retail tariff. 4) Without prejudice to Sub Article (2) of this Article, where the Authority decides to initiate a proceeding, it shall do so in accordance with the procedure established in Articles 35 through 38 of the Proclamation, and adhere to the following procedure: a) Issue a Public Notice informing interested parties that it is initiating a regulatory proceeding to review and set a tariff to ensure its lawfulness. b) The Public Notice shall be accompanied by a discussion paper, indicating the reason for the tariff review, and the approach the Authority intends to undertake to ensure that the tariff is lawful. c) The Notice shall also include the period within which interested parties may submit comments along with filing requirements, and a timeframe for the public consultation. d) The Authority shall give interested parties no less than fifteen (15) working days to respond and submit comments. e) After receiving comments from interested parties, the Authority shall have no more than fifteen (15) working days to respond to the comments received and either: i) Respond addressing each comment and render a final determination; or ii) Respond addressing each comment, issue a second discussion paper, if needed, and give interested parties no less than fifteen (15) working days to submit comments, before rendering a final decision. f) The Authority may, at its own discretion, allow more than two (2) rounds of comments from interested parties before rendering a final determination. g) The Authority shall issue a written decision and shall state with particularity the reasons underlying its action. 7

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