“Seg LESOTHO Government Gazette var ‘iiday — 17th February, 2012, Nols CONTENTS: No. Page act 4 Communications Act, 2012 19: (GOVERNMENT NOTICE 9 Sums of Objects and Reasons of the ot (Communications Act, 2012 Publshed by the Aurnority or His Majesty the King Price: M43.00 See “Rectigcced wor Of Errors Order, 2012" 61 the bask19) S ‘ACENO, €0F 2012 (Communications Act, 2012, Arrangement of Sections sections PARTI PRELIMINARY Short tide nd commencement Interpreten PART Il- LESOTHO COMMUNICATIONS AUTHORITY erpetutior ofthe Authority General Dues of the Authority Genecal overs ofthe Authority PART III - ORGANISATION AND OPERATION OF THE AUTHORITY Board of Dizctors Remuneration ‘Vacation from office Fling of vacancies 10, Chairman ofthe Bosc 1. Meetings of the Bows 12. Delegation 3. Chief Exeeutve Officer 14, Removal of te Chief Executive Officer 15. Functions of the Chief Executive Officer PART IV - FINANCES 6. Finances of te Authority 8. Annual Repor192. 1. 21. 2 2s, 20 30. 31 3 4s 36. 30 38 41 PART V - AUTHORISATION Authorisation to provide communications services Proeestaint PART VI - COMPETITION MANAGEMENT CClsifieaton of dominant Hcensees Competitive safeguards Abuse of dominant position ‘Ans competitive agreements ‘Consaidation review rabibtion of unfair trade practices PART VIL~ INTERCONNECTION Interconnection agreements Inerconection agreements involving « dominant Hoensee ‘Accepance ofthe reference interconnection offer Indiduelised interconnection agreements ‘Acceptance of an existing interconnection agreement Reference interconnection offer [PART VII - UNIVERSAL SERVICE FUND ‘Exalishment of universal fund Revenue of the fund [Esatlishment of operation ofthe Univers Service Fund Commitee FFuncions of the Universal Service Fund Commit: ‘Obligations of Universal Service Fund recipients PART IX - BROADCASTING ‘Broadcasting Licensing Enalisimeat ofthe Broadcasting disputes resolution pane! ‘Broaasting code (Go-enforcementprocedares193 8. 45 46. 47 Beeesesss PART X - POSTAL SERVICES Postal rate regulation PART XI ENFORCEMENT Offences Investigations Enforcement proceedings Peoalties PART XIl —TRANSITIONAL PROCEEDINGS Board ofthe Authority Proceedings Licences and authorisations Classification of licensees Tails Interconnection Agreements ‘Enforcement ‘Regulations RepealACTNO.4 OF 2012 Communications Act, 2012 ‘An Act to provide forthe regulation of the telecommuniations,brosdcestng and postal sectors; and for related matters Enacted by the Paliament of Lesotho. PART I - PRELIMINARY ‘Short ude ana commencement 1. This Act may be cited asthe Communications Act 2011, and sball come into operatin on such a dte asthe Minister may, by notice published in ‘be Gazette, appointed diferent dates may be sppoinied fr diferent prov- Interpretatica 2 In this Act, unless the context otherwise requires — “Authority” means the Lesotho Communications Authority referred o ia see tion 3; “board means the Board ofthe Aut established under setion 6; “chairman” means the Chairman ofthe Board appointed under section 103, “Chit Executive Offices” means the Chief Executive Officer ofthe Authority appointed under section 13; "Commercial broadcasting service” mean a brosdcatig service that = (@) is owned and provided by individuals and compaies (©) is provided in onder o generate profit and (©) provides coverage in selected are,195 ts “Commitee” means the Universal Service Fund Committee established under section 35; “communications infrastructure” means any Faily used forthe provision of, “cormmunications network” means an integrated system of falities used to Provide one or more communications service; “communications sevice” means a broadcasting, post or tlecommenics “community broadcasting service means a broadcasting that (©) is provided by specific communities; (©) transmis programs that are determined by and resize api ‘ions of de community that owns sich broadcaster (©) operates on a non-profit making basis, and (@) provides coverage that wil enable transmission access to ‘members ofthe community, “dominant licensee” means a licensee who the Author bs determined - (®) asthe ability to exercise significant market power i any com: ‘munications market in Lesotho; or (©) operates communications infsstruture tha is suficintly sly or dial to replicate such that requiring new eatans| todo so would create a significa barrier to rapid and sucess {al enty by an efficient competitor “end-user” means an entity, other than a lcenses, thet obtains a communica: tions sevice: “nite resources” means resources used to provide a communications service, ‘he quuntity of whichis limited and which cannot readily be increased,195, fund” means the Universal Service Fund established under seten 3 immediate relative” means a close relative, by blood or mariage, inctuding & Spon, pret, chil sibling in-law or fst cousin; interconnection agreement" means an agreement, entered into between 2 Teamtcen goveming the provision of intervonnection elated serves fr the ‘rpone of cabling a license to provide pubic communications Services; saicensee means a perion wo hasbeen granted a ience by th Authority for ithe provision of «communication service; “member” means a member ofthe Board sinister" means the Minster responsible for communications offer” means « Reference Interconnection Offer under section 32; panel” moans the Broadcasting Disputes Resolution Panel established under section 39; person" means any individual, prtersip, association, joint venta, ust company o corporation; «private broadcasting service” means broadcasting sevice that- Ge) isprovide by individuals or onganiratons; and (operates on non-profit making basis “private communications service” means a communications sevice 50" ‘Hise tothe general public o 1 any class of persons sos tobe generally availabe; public brodcestng service” means « broadcasting service that Ge) provides coverage for he whole county a allies, (0) serves all sectors ofthe society eqitblysi (©) realizes aspirations ofthe nation as regards democracy, devel- ‘opment and nation building: (® se xplaforn fr voter education; (©) is accessible tall politcal partes and independent candidates on fait and non diseriminstory basis, partculry daring elec tion campaigns; (© contributes to bridging the digital divide by providing trans- mission acces to other brotdeasters where itis tecnically fea sible to do so at 2 reasonable fee, taking into account cassif- cation of such brosdcasters; and (@ is fundes by Patiamentary appropristics and by such fundsas it may raise inthe couse of is business “radio frequencies” or “radio spectrum" mean fequences or spectrum of m= ually propagated electromagnetic waves that aze eed for eansmisson and reception of communication signal. PART Il- LESOTHO COMMUNICATIONS AUTHORITY Perpetuation of the Authority 3.) __The Lesotho Communications Authority 2s established bythe Lesotho Communications Authority Act 2000, shall coninve in existence, @) The Authority shall remain a body corporate with x common seal, perpetual succession capable of suing and being sud and, subject otis ‘Aat capable of performing such acts as bodies corporate may, bylaw, pesform, ©) Inthe performance of its functions, the Astority shall be inde pendent and aot abject to contol by any person oe authority. General duties of the Authority 4. The Authority shall have the duty to- (2) implement this Act and any regulations or rules made under itco} ° © © 0 ® ® 0 ® © fasltate new entry iato the Lesotho communications maket ad the provision of new communications services, including ‘cenverged communications services; ensure the efficent and equitable allocation of finite resources ‘necessary forthe provision of communications sevice; promote and preserve competition inthe market for commni- sec the imress of consumers of communications services: {acitate sppropriate cooperation among licensees, including cooperative deployment and we of communications infasruc- tue; facilitate the deployment of communications infrastructure and the provision of good-quality communication service, atrea- sable prices, throughout ll areas in Lesotho, giving special Consideration fo the needs of end-users who are low-income, Aliabled, of located in underserved areas: facilitate resolution of disputes regarding communications promote Lesotho’ participation inthe global information sci- eu consult withthe communications industry and members ofthe public; conduct « competitive market analysis and regulatory impact fsessment and impose pro-compeuitive remedies in any nar [el tha is found to lack effective competition; and ‘ull ny other duties necessary fr the implementation ofthis Ac,General powers ofthe Authority 5. (1) The Authority shal, in relation tothe communications sctr, have he power to~ © © ° o o © ® o © collec cain and enpond fund foe the purpose of por Forming is fictions sppoint, promote, remove and discipline stall cstablish ts own intemal rganisaton and procedures fd make rules, codes, derives, decisions and sdvi- sory guidelines; _rant icences forthe provision of communications ser- vices and prescribe licensing fees; alloc resources used forthe provision of ommuni- tations services, including radiofrequency spectrum ‘nd telephone nambers ‘stblish echnical stndards, and grant autborisations, forte sale or use of equipment used to provide com define relevant marks, determine the competitiveness of relevant markets nd classify licensees a dominant or non-dominant; provide fx maegunids to deter ens-competiive com {ct by dominant Hensees; void or modify agreements involving a license that ‘unreasonably restricts competition; review and, a6 appropiats, approve or rej: proposed Consliations involving # designated license; review and, a appeopriate, approve o eects filed by dominant Koensee forthe provisca of com® co} co} © © @ © © o © ” ow munications services to other licensees or end-users; cstablsh apd enforce quality of service standards for prohibit unis trade practices by licensees; requis licesoes to protet the privacy ad integrity of ser provided information resolve disputes between licenses themselves, and ‘between licensees and end-users; ‘establish requirements governing iterconnection of ‘communications networks and acces to communica tons network facies and services; review and spprove or reject interconnection agree ‘ments, including rates and charges; require a dominant licensee to file, and, as spprorite, approve or reject, a reference interconnection oer, require licensee to share communications infastuc- ture, where necessary to facilitate competition; advise and suppor the Universal Service Fund Commies; conduct inverigatons, ajudiate alleged contaven ‘ons ofthis Act oof any regulation, rule, directive or code, and ake appropriate enforcement ation; ‘establish advisory committees and take appropriate ‘ction ta for co egultion and indsty sel egule- designate an eat t administer intemet domain201 (0) facilitate the establishment and administration of inter et infrastructure elements; ©) take any other action, nt expressly prohibited bylaw ‘hat is necessary and prope to perform its duties and exercise its powers under this Act and (®) suspend ar revoke licences. Notwithstanding subsection (1), the Authority shall in elation to th communication sector, have power to do anything fr the implementa- ‘dom ofthis Ac, or anything related to the development of the commanisstions secter hat is ne pobibited by this Act. PART II -ORGANISATION AND OPERATION OF THE AUTHORITY Board of Directors 6 ()__Theco shall be « Board of Dizectors which shall be responsible forthe exercise of the powers and performance of the duties of the Authority. 2) The Board shall consist ofthe Chuiman and other members sppointed by the Minister ©) The Chies Executive Officer shal be an ex-officio member, (The Minister shall appoint the members in accordance with subsections (5) and (6). (5) Priortomaking an appointment tothe Board the Minister shall «cause tobe published, in « manner calculated tobe readily scesible to poten tial candidates, an invitation to submit recommendations or expressias of interest for appointment, andthe Minister may speci the supporting infor ‘ion that shall be provided (©The Minster shal appoint to the Board persons wo represent «diverse range of relevant professional skills, experience and views relevant, to the communications sector.po (7) ‘The Minister shall not appoint any person tbe & member ~ (@) who hasbeen adjudged or otherwise declared insolvent {td has not been rehabilitated or discharged, (b) who has made so asignmeat to or srangement oF Comporition with, his eredtors which has not been rescinded or set aside; (©) who has been convicted of a criminal offences (@) who holds or has a direct interest in licence issued Under tis Act. (8) A member shal hold office for aterm of 3 year. (9) The Minister need not invite recommendations or expressions of interest before reappointing member Remuneration 1. (1) The Minister, after consultation wih the Minister responsible fox Ginance, shall determine the rerauneration to be paid toa member (@) —_Arwether shall be paid such allowances ant travelling expens cs incur in the performance of duties asthe Minster mi, after consultation ‘wih the Miniter terponsible fr finance, deter. ‘Vacation from ofice 8. (1). The Minister may remove any member foa office for iscon- duet, pyscal or mental incapaciy. (2) Ihe Minister hae reason to believe that member should be emoved, the Minister shal state, n writing. the reasons fr the removal (8) —_Amemiber sal be given an adequate opportunity t respond to the allegations against hi by the Minister. (6 —-Amember may resign from office by givieg notice of not less203 ‘han 90 days to the Minister, witha simultaneous copy of the noice to the Bow, (9) The Minister may, by writen notice, suspend a member against ‘whom an investigation ty a tribunal has been St up oF criminal proceedings te inated for an offence i respect of which a senteee of imprisonment ray be imposed, © A-merber shall vacate office, and that office shall become (@) ifthe member becomes disqualified under the terms of this Act (©) ifthe member is declared insolvent; (©. ifthe member is absent from 3 consecutive meetings of ‘te Board without a valid excuse; (© vpon termination ofthe services ofthe member in sccordance with this Act; (© upon dismissal; (upon conviction ofthe member for a criminal offence; ont (@ ifthe member or an immediste relative ofthe member Acquires a diet interest ina license or becomes 2 alder of Hence. Filling cf vecancics 9, (1) Where a vacancy oocurs in the membership of the Boar, other than in expec ofthe Chief Executive Officer, either dve to the deat, resign ‘ion or removal from office of « member, the Minister sal, pursuant to See- sion (5) and (6) sppoist person to tke the place of such « member @) Where 3 0 more members have recused themselves with ‘regard to anyone or more pending matters, or where 3 or more members have204 ‘been duly suspended fr any season, or where 3 or more membersare wail thi to hear any specifically designated matters due to any combination of feouals o¢ suspensions, then the Minister shall, aftr consultation with the ‘Bon, appoint persons to ear sich specifically designated mates isthe place and instead of the recused or suspended members. (@) A penon appointed pursuant to this section shall have the power, shorty and responsibility oF 8 meuber with regard 10 wpecieally esignated matters only (Chairman ofthe Board 10. ‘The Minster shall appoint, and may remove, the Chaimman of the ‘Board inthe same manne as the other members. ‘Meetings ofthe Board 11, (1) The Bou shall meet a often as may be necessary oc expe tn forthe dicherge of ts functions and, n ay ease, not less tan once every 3 mots @) 4 members ofthe Board shall form a quorum and no business may be conducted in the absence ofa quorum or at any meeting which both the Chairman and the Chie Exscutve Officer are absent (©) A decision ofthe Board shall be by majority of those voting and in the event ofa te or, the Chsrman may cast a second ves (4) If te Chairman is absent, the other members shall elect, by ijonty of tote Young, + cube to preside ae chairman fr th purposes of ‘hat meeting (5) A meer shall not participate in any dscassion or decison regastig ay mater in which the member or any immediate relative has @ {Gocct or subtanial interest and if the member does s, the menber commits (offence and is ible, on conviction, to # fine of MS0,00.00 or imrison- ‘pent fora term ofS years or bth. (© The Bosrd may establish such commitees as it dbems ftts (7) Totheestetconsisteat with this ection, the Board may esab- lish such procedures as are necessary and proper forthe performance ofits duties Delegation 12 (1) _ The Board may delegate its powers tothe Chuiman, the Chiet Bective Officer or any member ofthe staff of the Authority. (2) _A power, duty ora function delogated under subsection (1) shall be exercised or performed subject tothe dicction ofthe Board snd the Board isnot divested of such delegated power or functcn an! may (@) issue such guidelines or instrotions may place such limitations relating to the exercise ofthe power, unc: tion or duty as may be necessary, (©) st ay time withdraw or amend suc delegation; and (©) iborize or ise instructions relating to the futher delegation of such power, function ody. Chief Executive Officer 13. (1) __ ‘There shall be a Chef Executive Officer who sal be epi ed by the Minister in the manner specitied in this section Prior to appointing the Chief Executive Office, the Minister shall equest he Board to recommend a candidate forte positon. (@) Prior to making a recommendation to the Minter, the Board shall cause tobe published, in a manner calculated tobe reali accesible 1 otetial candidates, an invitation to submit expression of interest for appoint. (The Minister shall appoint the Chief Executve Officer in sccondance withthe recommendation of the Bose. (9) If the Minis rejects the Board's recommendation, the "Miniter shall consult with the Board to determine a suitable candidate.06 (6) The Miniter shall appoint a candidate who has professional training, nile or experince 10 perform the funetions of Chief Executive Onter (The Mininer shall not eppoint any person to be & Chief Executive Officer (who as been adjudged or oierwise declared insolvent {nt has pot been reabiliated or discharged: (0) who has made an assignment oor asrangement oF ‘Composition with his ereditrs which hes not bee ‘escinded of St aside; (o_whohas been convicted ofa criminal offence of which Uishoesty is an element of te offence; or (@ wo bolds or has a direct interest in a licence ised rder this Act. (§) The Minister shall, in consultation withthe Board, enter nto & ‘writen retention agreement withthe Chief Executive Officer, specifying the Trams aad conditions of employment ofthe Chief Executive Officer Removal ofthe Chief Executive Oficer 14, ‘The Minister sallemove the Chief Executive Officer if (@) requested by the Board through # recommendation jostiying ‘uch removals or () the Chief Execotive Officer materially breaches the retention agreement specified in section 130. ‘Functions of the Chief Executive Officer 15.) The Chie Executive Officer ofthe Authority shal be rspo0- sible for~ (te execution ofthe decisions of the Boss(©) the transection ofthe day-to-day business ofthe ‘Authority; and (©) theexerise of such powers as may be delegated tothe (Chiok Executive Officer bythe Board pususat o se ion 12. (2) Within 60 days ofthe date this Act comes into operation, the CChiet Executive Oticer shall develop « plan, for approval by the Boud, to rerganise the Authority a8 a converged regulator forthe teleeommunicatons, ‘broadcasting snd portal sector, PART IV - FINANCES Finances ofthe Authority 16. (1) "The Authority shall prepare an annual budget, which shal - (@) —spocty the anticipated revenues and expenditures of the Authority; () be submited tothe Minister, for information, not Iter ‘than 60 days prior to the financial year in Which isto ‘be effective; and (©) cover the financial year commencing on 1 Api and ending 31 March. The revenves ofthe Authority shall consist of. (2) such monies as may be appropriated by Patiament; (©) such foes. asthe Authority may impose for services pro- vided under this Act, (©) such fes asthe Autosty may impose for Hcenoee Issued under this Acts (®) such other fees or monies a the Authority may, by Virtue ofthis Act, raise or impose;poe (©) fines and other monies collected pursuant to penalties impoted under this Act; nd (6 grants, contributions or endowments from any other (©) The Authority sball expend ite revenues to met tbe cost ofits operations and shall use any surplus aoraed forthe promotion and develop- tment ofthe communications sector. (4) The Authority shall keep proper account of is operations in compliance with intemationa accounting standards (S) The Anditor General shall appoint an independent and qual ‘ied auditing frm to audit annually the accounts of the Autor. (6 Tee Authority shall ~ (@) submits statements of account tothe aniting firm ‘within 90 days after the end ofits Finacial year; (©) cooperate fully with, and provide any addtional infor ‘mation requested by the ening frm: (©) submit the report ofthe suiting frm tothe Minister in ‘a simely manner, and (6) make publicly available the statement of accounts of the Authority and te repor of the audtng firm, [Liability insurance 17. The Authority may contact with an insurance compaay ar oer body for liability insurance. ‘Annual Report 18 (1) ‘The Authority shal, within 6 months ofthe endo ts financial year, submit comprehensive annual repoct on its operations, to the Minister.209, ne) @) The Minister shal cause a copy ofthe annual report, onecip, togethe: withthe repr ofthe auditing firm snd the audted accounts, toe laid before Pliament, PART V - AUTHORISATIONS ‘Authorisation to provide communications services 19. (1) ‘The Authority shall be sesponsbl for grntng licences author- ‘zing the provision of communications services in a manner consisteat with this ection, @ __A person shall not provide any commnications services in ‘Lesotho except under, and in accowdance wit, a fisence grated by the Author. @)— The Authority shall grant cences on - (®) an individual basis, ifthe Authority concludes that individual censing is necessary to serve the public (0) a-clas basis, to the extent feasible, (@) __Alticence shall entitle the licensee to the right to provide the ‘communications services specified in the licence, fora specified period of| Prior retralat 20, (1)__No license sha be prevented or impeded, either cretly or Indirectly, from providing service, unless either ~ (®) the Authority has suspended or revoked the licensee's (©) te Minister issues an emergency suspension order (The Minister shal only issue an emergency suspension order i the Minister bas a reasonable basis to conclude that continued operetion by210 ticensee poses subentire and imminent unrest to national security oF public eer and that here i otes way to forex he threat ober thn 9 Ect in the manner provided for inthis subseetion (3) _Asysmergeney suspension order shall = (bein writings () explain the basis forthe suspension; and (6 remin in effect for no more than 72 hours, unless txtended by a court of competent jurisdiction. PART VI- COMPETITION MANAGEMENT (Classification of dominant licersees 21, (1) The Authority shall ae conducting a marke tod and impact fscessment, classify 2 liensee asa dominant license ifthe Authority con ‘lads tht the oense « (@) ‘asthe ability to exercise significant makes power in ‘ny communications market in Lesotho; or () operates communications infrastructure thai suf nly costly or dificult to repicte suc that reui- fing new entrants to do so Would cesta significant ‘arier to rapid and sucossful etry by an efficent competitor. @) sn anessing whether a license has significant market power, {na relevant mark! the Authority sll give due consideration to whether the Hoensee provides r previously has provided, any reserved or restricted serv @ __Adamainan license shall be subject to the statory andre latory provisions agpleable to dominan: licensees for ll nasructae ht i pcre and inal communications natkets in which tparciptes within Lesotho,au (The Authority, after providing an opportunity for public com- ‘ment, may exempt the dominant license from the application of any such pro (@) any sevice provided bythe dominant licensee in a ‘market in which the dominant license doesnot have significant mazket power; or (0) any infrastructre operated by the dominant licensee thats not suficiently cosy ox dificult to sepliate such that requiring new enrants todo so would erate «significant barier to rapid and sucessfl entry by an efficient competitor. (6) __ The Authority may reclasity «dominant license a non dom Incite Heese no longer mets beri foliation x dosnt (© Toe Aux ay gan a exemption, relay a ees ee, either - * * (oni own motion; ©) atthe request ofthe license, (7) The Authority shall pubis notice in the Gazete in eny case ‘in which the Auborty (@ clase aticensee as dominant; (©) reclasisos «dominant cence ts no dominator (© grams an exemption to dominant cms. ‘Competitive safeguards 2.) In addition to any reuiements contsined inthis Act, the ‘Authority may adopt competitive safeguards designed to det dominant license from using its significant market power in one market to impede the ‘development of competition in another markeme (Competitive safeguards may include rules that require domi nant license to - (@) offer services on an unbundled basis; (©) separately account for cost and revenues related to (©) establish separate corporate affiliates to provide speci i) se separate Failies or pewoanel to provide specific (©) disclose information sbout specific infastrcture of services to othe Hieasees; © not engege i cross-subsitiaion; and () not engage in discrimination favour ofan afte, The Authority may also adopt provisions designed to prevent a licensee who is affliated with an entity that has significant market power in any market, whether or not within Lesotho, from using tat afliaton in 2 ‘manner that enables tbe licensee to, a is kelyt0 enable ito, unreasonably restrict competition in any communications market in Lesotho. ‘Abuse of dominant postion 23. (1) A dominant license shall not use teignifient market power {in t manner that unreasonably restricts, or is ikely to unreasonably restrict, ‘competion in any communications market in Lesoto. @__Aominant Hoensee shall not engage in ultra conduct that has, os ely to (©) significantly reswict output below the compesive level, increase prices above cst, reduce quality below the Level that end users seek, reduce end users! choice or deter innovation; ofo © 213 [reserve or enhance its dominant poston by engaging Jn conduct that deters or precludes ecient companies from participating in the market by means other than ‘competing based on service availabilty, price and ‘qual, ‘A dominant licensee abuses is dominant postion if the ‘Authority concldes thst the dominant licensee eagaged, crs engaging, in= (predatory pricing: ‘bi ° (© exclusionary refusals to deal; or © ving (8) A dominant lceasce engages in predatory pricing if the ev dence demons that o 9) the dominant licensee i sling « communications Service at price tha is es than the average incremen- tal cost ofthe service; (©) the dominant icenseo's sells at prices below average inremental cost and have driven rae likly to dve, efficent rivals from tbe marke or deter fur efficient rivals from entering the make and (©) caty buries are so significant that, afer driving vals from the market or dterng entry, the dominant Ticensee could impose an increase in pices suficint (énamount and duration) to enable the doing licen eto recoup the fll amount ofthe los tha incurred daring the period during which the predatory conduct occurred, ‘A ominant license engages in a price squeeze ifthe evidence2a demonstrates tt ~ (a) the dominant iicensee provides « communicxions fervice or facility thats necessary, a an input, for nother licensee to provide a communication service and (0) the price that dhe dominant licensee charges forthe ‘commnications service or facility sso high thst an (tiient competitor could no profitably sells product Frit were quired to recover the fall purchase rie of the input through its charges ois ead sere (© Adominaat iveasee engages in unreasonable discrimination if the evidence demonstrates thatthe dominant licenses hs provides an ait twit access to infrastructure, systems, services or information, necestary (0 Chuble « nomffiliated lensee to provide 2 communications sevices, on Dice, texas oy conditions tht sre more favourable than the prices, terms abd PEnditions of which the dominastKoensee provides those infrastructure, s)- (ans, services or information to oensoes that ae not fis, without sny objective jastifeation. (7) Acdominant eensee engages in an exclusionary ret to deal ifthe evidence demonstrates that the dominant ensee has refused 0 provide f nomaffiiated Heensee with access to infrastructure, systems, services or {nfoumation necessary to enable the aon-afilised Uvensce to provi @ com- ‘muniestions serves, without any objective justification (A dominant licensee engages in tying ifthe evidense demon- strates tha the dominant iensee required a custome: to purchase a sommuni- ‘ations service tht is subject o effective competition in arto be allowed so ‘purchase «communication service lat nol subject eflective competion (9) Ix any casein which the Authority has reason to bebe that 2 loninant liceese has engaged in conduct that constitutes an abuse of dom ‘aot postion, fhe Autborty may conduct an investigation. (40) In any casein which the Auhorty determines that dominant licensee bas engaged in condact that constttes an sbuse of dominat positon, the Authority may -ais 2) dct the Hosnsae to soe the abusive conduct; and (©) take enforcement scion, pursuant to section 46 ofthis Act. ‘Anti-competitive agreements 24. (1) license shall not enter into any agreement, whether or not legally enforceable, that unreasonably restricts, or is likely to uneasoosbly ‘esciet competition in any communications marke in Lesotho. @) _Anagreement shall be unreasonable if the parties have agreed, expresly or aly, to = (@ txprees 0) esi ops ©) co-ordinate spare bis, (@—atoca castomes or geogrpic matt (© not to do business witha specific supplier, licensee or Q) The Authority shal sess whether other types of agreements have, or are Lely to, wneatonably restict competition based on their actual ox ely effect on competition. (In any casein which the Authority has reason o believe tht a licensee has ectered into an agreement that hat, ori likely to, uaresonably restit competition in any communications market within Lesotho, the ‘Authority may conduct an investigation, pursuant to section 45, (9) In any casein which the Auborty determines that licenses ‘has entered into an agreezent that has, oF is key to unreasonably rect om petition in any communications marke: within Lesotho, the Authority may (®) rect the Licensee to modify the agreement to remove ‘he unreasonable restriction;6 WY My emp any agreement ‘involving 2 or more licensees fr the oan eploymeat oe operon RTE Used o pro. me REUNCHins service Aton conedes at apie HY foster the dee Si Semuncations sevice woes Sr sas tat meh oot eter SESE 10 sch sere cama gg TH Atoy aha aca, tn nse ascent “ommnicstins icenees a seal ‘signate any license why (9) has ben cased asa dominant license; Qa we 24 bn he ae ln oe, PAO" conclding wn gee “ee told conse eon ‘nd th ntitcaton shall gona © Ate ccvin We setae, he Alsority may (© sondit ubi cosutaionet (2) approve the proposed consolidation; (©) approve the proposed consolidation, subject to cand tions designed to redoce any edverse effect of the con salidetion on competition; cr (6) reject the proposed consolidation. (9) The Authority shall not approve 2 consolidation wher the ‘Authority determines thatthe proposed consolidation is likely 10 ~ () substantially lessen compecion in any conan ‘market in Loto oe (©) harm the publi intrest. (©The conditions thatthe Authority may impose include - (@) compliance with any ofthe safeguards specified ix soo. tion 22; or (©) part divestiure to purchaser approved bythe ‘Athorty. Prohibition of unfair trade practices 26. (1) A licensee shall pot engage in unfair tade practices, (2) Aticense engages in an unfucteade practice where the licens: (@) has engaged in an improper, unethical or unscrupulous practice; and (©) the practice has provided, ors kel to provide, te licensee with a competitive advantage for itself eran fiat in ny commnication market in Lesotbo, for ‘reasons unzelate tothe avaabilty, rie or quality of the service thatthe Hcensee or its affine afer.218 (@) In any case in which the Authority has reason to believe that a ‘icensee as engaged in an unfair trade practic, the Aunty may conduct 32 Investigation, pursuant to section 45. ()_—_ many casein which the Autbority determines tht a Hieniee has engaged in an unfair trade practic, the Authority may - (9) void any agreement that was entered ito asa result of (be unfair trade practice; or ©) take enforcement action, pursuant to section 46 PART VIl- INTERCONNECTION Interconnection agreements 27.) Aicensee who seeks to obiin inerconnetin related servie- from another pubic communications licensee forthe purpose of providing public communications services shall submit a wrttea request to the license, ‘The request shall describe, wih reasonable specificity, he typeof intercon Vion related services that he requesting licensee seeks to obtain, Upon receipt ofthe request, the partes shall engage in good faith negotiations @) Any interconnection agreement shall include - (the specific interconnecton-elated services that are being provided; (©) the prices terms and conditions on which the itecon- nocton elated services aze being provided; and (©) the dation of the agreement @) Licensees shall submit to the Authority, for approval, any intr connection agreement into which they enter (9) Where neither pat isa dominant license, te interconnection agreement will become effecive within 21 days of submission to the219 Authority, unless the Autocity, afer providing te parties to the agreement with notice and an opportunity for comment, issues a cision that (@) ejects the spreement; and (©) provides an explanation ofthe specific changes that he rie must make inorder to receive approval (6) The Authority shall only zeject such an agreement if t con cles that the agreement - (@) violates this Act or any applicable regulation orale; () as charges for interconnection elated services that exceed the dominant iccase's cot, including ‘Mlowance for «retsonble return on capital invest (©) has a substantial adverse effect on end users; or (@ unreasonably restiets competition in any Lesotho ‘communications market, (7) The Anthority shall not publicly disclose any approved TInerconnection Agreements between non-dominant licensees, (@) The putes may agree to modify an interconnection agreement and any proposed modification sball be submited to the Authority for approval Intereonnection agreements involving a dominant licensee 28 A requesting licensee may euter into an interconnection agreement ‘with « dominast license by = (@) accepting the dmsinaat licensee's ference itercon- nection offer if such an offer hes been approved bythe ‘Authority (©) coterng into an individualised interconnection agres-