5) A Vertically Integrated Operator that provides a similar Wholesale Service to itself
and to another operator, shall provide that service under similar terms and
conditions.
PART FOUR
FILLING AND APPROVAL OF CONTROLLED TARIFFS
7. Filing and Approval of Tariffs for Retail and Wholesale Services with Controlled
Tariffs
1) A Telecommunications Operator shall notify the Authority, and seek approval,
whenever it intends to introduce or change a Controlled Tariff. Such notification
shall also apply to the non-price terms that amount to a material change in the
resulting tariff.
2) Upon receiving a written notification pursuant to Sub-Article (1) of this Article, the
Authority shall within fifteen (15) working days to either:
a) Approve the filed tariff;
b) Request further information to the Notifying Party before making a decision; or
c) Not approve the filed tariff, stating in writing its reasons for the denial.
3) The Notifying Party shall not implement the filed tariff unless it has been approved
by the Authority.
4) The Authority may, at its own instance, extend the time to review the filed tariff for
an additional ten (10) working days.
5) If the Authority does not respond to the notification within the fifteen (15) working
days period, or within the extended time, if applicable, such tariff shall be deemed
approved.
6) The Notifying Party shall publish the approved tariff on its website no later than
seven (7) days after the tariff has been approved.
7) Where the Authority does not approve a filed tariff, it shall either:
a) Instruct the Notifying Party that the filed tariff may not be implemented; or
b) Initiate a proceeding to review the Controlled Tariff to ensure their lawfulness
pursuant to Article 46 of the Proclamation, this Directive, and any applicable
Directive adopted by the Authority.
8) Notwithstanding any provision in this Directive, the approval of a Controlled Tariff
does not exempt a Notifying Party from complying with the anti-competitive
practices’ provisions in Article 48 of the Proclamation, or any applicable Directive
adopted by the Authority.
PART FIVE
PRICING PRINCIPLES
8. Pricing Principles for Wholesale Services with Controlled Tariffs
1) Controlled Wholesale Tariffs shall be:
a) Cost-oriented; and,
b) Not unduly discriminatory.
4
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