3. Amendment of section 5 of the principal enactment

Official English translation. The Sinhala text prevails.

Section 5 of the principal enactment is hereby amended as follows: -

(1)

in paragraph (b) thereof, by the substitution for the words “to operate telecommunication systems” of the words “to operators”;

(2)

in paragraph (d) thereof, by the substitution for the words “an operator” of the words “an operator and a provider”;

Act, No. 39 of 2024

(3)

in paragraphs (g) and (h) thereof, by the substitution for the words “operator” and “operators”, of the words “operator and provider” and “operators and providers”, respectively;

(4)

in paragraph (k) thereof -

(a)

by the substitution for the words “to determine in consultation with the Minister, the tariffs or methods for determining such tariffs,” of the words and figures “to approve or determine in consultation with the

Minister, under section 6A the tariffs or methods for approving or determining such tariffs,”; and

(b)

by the substitution for the word “operators”

of the words “operators and providers”, wherever that word appear in that paragraph;

(5)

in paragraph (m) thereof, by the substitution for the words “operators of telecommunication systems”

of the words “operators and providers”;

(6)

in paragraph (r) thereof, by the substitution for the words “operators” of the words “operators and providers”;

(7)

in paragraph (w) thereof, by the substitution for the words “unauthorized radio frequency emissions;

and” of the words “unauthorized radio frequency emissions;”; and

(8)

by the insertion immediately after paragraph (w)

thereof, of the following new paragraphs:-

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“(wa) to carry out market analysis in the provision of telecommunication services in order to examine the dynamics of a particular market to understand the level of competition in it;

(wb)

to intervene to prevent the emergence or abuse of significant market power;

(wc)

to take regulatory measures in order to promote fair competition and to eliminate anti competitive practices;

(wd)

to take such measures or issue such directives, which the Commission considers as appropriate and necessary for the achievement of social policy objectives for the sector, such as universal availability of specified minimum level of service; and”.

Read on from s 4