(2)   The Minister shall only make the rules, under subsection (1), which are intended to prevent or mitigate -----

                   (a)   any conduct by foreign network facilities providers and/or network 
                           service providers which will, or is likely to lead to, a substantial 
                           lessening of competition in a communications market; or

                   (b)   the misuse of market power in a communications market.

Chapter 3

Access To Services

145.   (1)   The list of facilities and services which may be included in the access list, as determined by the Commission under this Chapter, are ----

                  (a)   network facilities;

                  (b)   network services; and

                  (c)   other facilities and/or services which facilitate the provision of 
                          network services or applications services, including content 
                          applications services.

           (2)   The facilities or services listed in paragraph (1)(c) do not have to be owned or provided by the licensees under this Act.

146.   Subject to subsection 147(2), the Commission may determine that -----

                   (a)   a network facility;

                   (b)   a network service; or

                   (c)   any other facilities and/or services which facilitate the provision of 
                           network services or applications services, including content 
                           applications services.

shall be included in or removed from the access list.