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.
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