9) “Infrastructure Sharing” means various kinds of arrangements to share an
infrastructure sharing and collocation provider’s active and passive infrastructure,
including, but not limited to, the sharing of network elements, antennas, switches,
radio access nodes, systems, equipment, facilities, premises or rights of way, with an
infrastructure sharing and collocation seeker, subject to an agreement between the
parties.
10) “Margin Squeeze” means the occurrence when an Operator with Significant Market
Power in a relevant retail market who also supplies an essential Wholesale Service to a
competitor in a retail market, sets its retail tariff and/or wholesale tariff, such that, the
difference between the retail tariff and the wholesale tariff of the corresponding
Wholesale Service, would not allow an efficient retail competitor to sustain a
competing service.
11) “Notifying Party” means a Telecommunications Operator that submits a written
notification to the Authority seeking approval to introduce or change a Controlled
Tariff.
12) “Passive Infrastructure” means infrastructure that is not part of the active layer of a
Telecommunications Network, including but not limited to, sites, buildings, shelters,
towers, masts, poles, ducts, trenches, electric power supply, and air conditioning.
13) “Predatory Pricing” means where an operator with Significant Market Power
deliberately incurs losses or forego profits in the short term, with the intention of
foreclosing or be likely to foreclose, a competitor or potential competitor.
14) “Retail Service” means a Telecommunications Service that is provided to the end
user or subscriber and not to another Telecommunications Operator.
15) “Significant Market Power (SMP)” means the ability to materially affect the price
or supply in the relevant market for communications service as a result of either
control over essential facilities or use of a Person’s position in the market.
16) “SMP Operator” or a “Telecommunications Operator with SMP” means a
Telecommunications Operator that has been determined by the Authority to hold
Significant Market Power in a relevant market either acting individually or jointly with
others, it enjoys a position equivalent to dominance, that is to say a position of
economic strength affording it the power to behave to a noticeable extent
independently of competitors, customers, and ultimately consumers.
17) “Vertically Integrated Operator” means a Telecommunications Operator that
provides Wholesale and Retail Services.
18) “Wholesale Service” means a Telecommunications, Collocation, or Infrastructure
Sharing Service, that is provided to another Telecommunications Operator.
19) “Working Days” means business working days only and shall not include Saturday,
Sunday and any day that has been declared to be a public holiday by the Federal
Democratic Republic of Ethiopia.
3. Objectives
The objectives of this Directive are to:
1) Provide clarity on the rules and procedures the Authority shall follow to assess the
lawfulness of tariffs, intervene to set tariffs, and review the tariffs of
Telecommunications Operators pursuant to Articles 45 and 46 of the Proclamation.
2
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