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(3) The
ownership of any network facilities and the provision of any network services or
applications services, solely on the customer side of the network boundary, are
exempted from the provisions of this
Part;
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Exemption for applications service provider not subject to a class license.
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129. An applications service
provider who is not subject to a class license under section 126 shall be deemed
to be exempted from the provisions of this Chapter, but not from the provisions
of Part VII regarding technical regulation.
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Nominated facilities provider.
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130. (1) The Minister may, on the recommendation of
the Commission, determine that a licensed network facilities provider, other
than the owner of any network facilities, be a nominated facilities provider for
the network facilities for the purposes of this Act, if the Minister is
satisfied that the nomination will not
impede ----
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(a) the achievement of the objects of this Act; and
(b) the administration of this Act.
(2) Upon the determination of the nominated facilities provider
under subsection (1), the owner shall then be deemed to be exempted from the
provisions of this Chapter.
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Providers under a class license shall register.
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131. A person shall not operate
under a class license in respect of any network facilities or network service or
applications service unless that person is registered by the Commission.
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Separate license.
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132. A license obtained under
this Chapter does not exempt any person from the obligation to obtain a license
under any other relevant section of this Act.
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Prohibition on anti-competitive conduct.
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Chapter 2
General Competition Practices
133. A licensee shall not
engage in any conduct which has the purpose of substantially lessening
competition in a communications market.
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