4. Insertion of new section 6A in the principal enactment

The following new section is hereby inserted immediately after section 6 of the principal enactment and shall have effect as section 6A of that enactment:-

6A. (1) The Commission shall approve or determine tariffs based on the following principles:-

tariffs shall be non-discriminatory;

tariffs shall be oriented towards cost, in general cross subsidies shall be eliminated.

An operator or provider may propose tariffs or adjustments to tariffs subject to paragraphs (a) and (b) of subsection (1).

Where an operator or a provider proposes tariffs or adjustment of tariffs, the Commission may approve or reject such tariffs or adjustment of tariffs subject to subsection (1), taking into consideration –

the government policy and industry requirements; and

the facilities or services provided by the operator or provider to the particular class of users or in a particular area:

The Commission may determine to forbear any tariff of any service in whole or a part of such tariff, subject to such conditions or without conditions.

The Commission may, in consultation with the Minister, by way of rules make provision for a special tariff plan which shall include manner of setting, reviewing, publishing and approving adjustments of tariff generally or for any particular telecommunication service provided by an operator or a provider.

An operator or a provider shall not provide any telecommunication service without obtaining approval to a tariff plan from the Commission under this section.

Every operator or provider who contravenes the provisions of subsection (6)