(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;              


Exemption for applications service provider not subject to a class license.


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. 

Nominated facilities provider.


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 ----

                   (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.


Providers under a class license shall register.


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.

Separate license.


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. 

 

 

 


Prohibition on anti-competitive conduct.



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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