4.
Without prejudice to the applicability of this article to all regulatory measures, the
Authority shall consult with persons who may be affected by a regulatory measure in
those cases expressly set forth in the present Decree-Law, and it shall:
a)
Provide prior written notice of the proposed regulatory measure, explaining the reasons
for the proposed regulatory measure and setting out the procedure for making any
representations;
b)
Grant a reasonable period which, save in duly justified exceptional circumstances, shall
be no less than 30 days, to present representations to the Authority;
c)
Consider any representations made;
d)
Provide reasons for the proposed significant changes to the regulatory measure when
such are made; and
e)
Where such regulatory measure involves various service providers or significant public
interest, apply the requirements of this provision through a public consultation process in
which any person may participate.
5.
The Authority shall ensure that all regulatory measures:
a)
Are made in writing and substantiated and supported by the reasons provided for making
the regulatory measure;
b)
Are based on, and give effect to, the provisions of the present Decree-Law, and refer to
the provisions on which they are based;
c)
Are objective;
d)
Are transparent;
e)
Do not discriminate against affected persons unduly;
f)
Constitute an adequate solution to the problem they seek to address;
g)
Are proportionate to, and justified by, their specific purpose pursuant to the present
Decree-Law and, generally, the objective provided for in Article 2; and
h)
Set a reasonable time for compliance.
6.
The Authority shall resort to a legal counselor to ensure that regulatory measures fall
within its functions, responsibilities and powers pursuant to the present Decree-Law and
such consultation shall be subject to secrecy and to the rules governing protection of
confidentiality and attorney-client privilege.
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