PART IV- FAIR COMPETITION AND EQUALITY OF TREATMENT Acts of unfair competition 5.(1) The Commission shall, in the performance of its duties under the Act and these Regulations, promote, develop and enforce fair competition and equality of treatment among all licensees in any business or service relating to communications. (2) Acts of unfair competition shall include - (a) any abuse by a licensee either independently or with others, of a dominant position that unfairly excludes or limits competition between such licensee and any other party; or (b) entering into any agreement or engaging in any concerted practice with any other party, which unfairly prevents, restricts or distorts competition; or (c) the perpetuation of anti-competitive changes in the market structure and in particular, anti-competitive mergers and acquisitions in the communications sector; (d) any other practices or acts that prohibited under any other written law. Licensees to offer nonpreferential service are 6.(1) All licensees shall provide uniform, nonpreferential service on a first-come - first-served basis to all persons within a covered geographical area who request for such service; Provided that it shall not amount to violation of the principle of equal access and non preferential treatment for a licensee to(a) consider the ability of a person to pay for a service when deciding whether to provide a service to such person; or, (b) make other rational classifications among subscribers, such as business and 17

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