- (b) the licensee’s power to make pricing and other decisions;
- (c) any barriers to entry to competitors into the relevant telecommunications market;
- (d) the degree of product differentiation and sales promotion;
- (e) any other relevant matters specified in guidelines issued under section 6D for the purposes of this section.
- (4) Without limiting subsection (1), the Authority may consider the following conduct to be exploitative—
- (a) fixing and maintaining prices or charges at an excessively high level; and
- (b) setting unfair trading terms and conditions,
- for or in relation to the provision of interconnection of the type referred to in section 36A(3D).”.
14. Part VC heading amended
The heading of Part VC is amended by repealing “7K, 7L, 7M, 7N and 7P” and substituting “7M and 7Q”.
15. Interpretation
(1) Section 32L is amended, in the definition of “appeal”, by repealing “, (1A), (1B) or (1C)”.
(2) Section 32L is amended, in the definition of “appeal subject matter”, in paragraph (a)(i), by repealing “7K, 7L, 7M or 7N” and substituting “7M or 7Q”.
(3) Section 32L is amended, in the definition of “appeal subject matter”, by repealing paragraph (b).
16. Appeals to Appeal Board
(1) Section 32N(1)(a)(i) is amended by repealing “7K, 7L, 7M or 7N” and substituting “7M or 7Q”.
(2) Section 32N(1A), (1B) and (1C) is repealed.
(3) Section 32N(3) is amended by repealing “subsection (1A), (1B) or (1C) or”.
17. Procedure and powers of Appeal Board, etc.
Section 32O(2) is amended by repealing “, or before the opinion, direction or decision referred to in section 32N(1A), (1B) or (1C) was formed, issued or made, as the case may be”.
