142 No. 15 of 2009J Information and Communication Technologies (3) A person who proceeds with the construction of the equipment of a railway or works, or continues to operate a railway or works after the issuance of the notice by the Authority under subsection (2) without complying with the terms of the notice, shall be liable— to a penalty, recoverable by the Authority by action in a court, of twenty thousand penalty units for each day that the person fails to comply with the terms of the notice; and for any loss or damage caused to the operation or maintenance of a radio station or radio station apparatus by that person's failure to comply with the terms of the notice. (4) Nothing in this section limits or affects the rights or remedies of any licensee or other person against a person on whom this section imposes any duty. PART V ECONOMIC REGULATION Definition 39. In this Part, " licensee " means a holder of a network licence or service licence, or both. Relevant markets and dominant market players 40. (1) The Authority shall, not later than 31st December of each year, determine and publish in the Gazette a list for the following calendar year of— (a) all retail and wholesale electronic communications markets that the Authority determines warrant the regulatory control provided for in this Part; and (b) licensees considered to hold, for each electronic communications market identified under paragraph (a), a dominant position. Any determination under subsection (1) shall be the final decision of the Authority. The Authority shall consider a licensee as holding a dominant position in the electronic communications market in accordance with such guidelines as the Authority may issue pursuant to subsection (4). (4) The Authority shall publish in a daily newspaper of general circulation in Zambia the guidelines on the definition of an electronic communications market and of the determination of a licensee that holds a dominant position in the market.