7.
The Authority may not approve regulatory measures:
a)
Applicable to retail telecommunications services where the objective of ensuring
effective competition is guaranteed through regulatory measures applicable to relevant
wholesale markets; and
b)
In telecommunications markets in which it is reasonable to expect that effective
competition or self-regulation by service providers is sufficient to allow for the existence
of effective competition.
Article 20
Reconsideration of regulatory measures
1.
A service provider may request that the Authority reconsider a regulatory measure within
14 days after the Authority has issued it and where the Authority considers that such
reconsideration is appropriate under the circumstances it shall reconsider the regulatory
measure.
2.
Unless otherwise decided by the Authority, where any regulatory measure is under
reconsideration pursuant to the preceding paragraph, it shall remain in full force pending
the conclusion of such reconsideration.
Article 21
Interim regulatory measures
1.
The Authority may adopt interim regulatory measures, omitting such steps as provided
for in paragraph 4 of Article 19, where performing such steps is not possible due to the
urgency of the relevant regulatory measure and reasonable grounds exist to believe that a
person has committed or is likely to commit an infringement of the present Decree-Law
or of any regulatory measures hereunder resulting in a serious and immediate threat:
a)
To national security, public order, public health or public security; or
b)
Of interrupting a service provider’s telecommunications services, damaging a service
provider’s facilities, network resources and/or equipment or causing substantial loss of a
service provider’s revenues or increase in costs.
2.
In adopting an interim regulatory measure, the Authority must state that it is an interim
regulatory measure subject to the requirements of this article and state why it has not
carried out the relevant steps set forth in paragraph 4 of Article 19.
3.
An interim regulatory measure shall come into effect upon signature of the Chairperson
of the Authority, and the Authority shall immediately provide written notice of it to any
person that is subject thereto.
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