82

general penalty

Unbundling
of, and access
to, essential
facilities

Communications

No. 34

(iv) otherwise discharging his duties under this Act; or
(g) refuses, delays or fails to comply with any order, prohibition, direction, demand, requirement or notice lawfully made,
served, published or otherwise given under this Act,
commits an offence and shall, upon conviction, be liable to a
fine of k5,000,000 and imprisonment for five years.

190. A person who commits an offence under this Act for which
no punishment has been provided for in this Act shall, upon
conviction, be liable to a fine of k5,000,000 and imprisonment for
five years.

PART XXII__TRANSITIONAL ANd MISCELLANEOUS PROVISIONS
191.__(1) Electronic communications licensees shall publish and
keep up to date a reference offer for unbundled access to their
essential facilities as determined by the Authority.

(2) The offer referred to in subsection (1) shall be sufficiently
unbundled to enable a beneficiary not to pay for network elements
of facilities that are not necessary for the supply of its services, and
shall contain a description of the components of the offer, associated terms and conditions, including charges.
(3) Network services licensees shall meet reasonable requests
from other licensees to access their local loops and related facilities
using transparent, fair and non-discriminatory conditions.

(4) Requests shall only be refused on the basis of objective
criteria, relating to technical feasibility, or the need to maintain
network integrity.

(5) where access is refused by a network services licensee, the
aggrieved party may submit the matter for dispute resolution in
accordance with this Act.

Supervision by
the Authority

(6) Network services licensees shall charge prices for unbundled
access to the local loop and related facilities set on the basis of cost
orientation.
192.__(1) The Authority shall ensure that charging for unbundled
access to the local loop encourages fair and sustainable competition.

(2) The Authority shall have the power to impose changes on the
reference offer for unbundled access to the local loop and related
facilities, including price, where such changes are justified.

(3) The Authority may, where justified, intervene on its own
initiative in order to ensure non-discrimination, fair competition,
economic efficiency and maximum benefit for customers.

Select target paragraph3