PART B: U.K.UNDUE DISCRIMINATION AND PRICE PUBLICATION REQUIREMENTS WHICH APPLY TO PART A
Condition 11U.K.
PROHIBITION ON UNDUE PREFERENCE AND UNDUE DISCRIMINATIONU.K.
11.1 Where a determination has been made which applies to the Licensee for the purposes of Part A of this Licence, the Licensee shall not unduly discriminate or show undue preference in the manner set out below:
(a)the Licensee shall not (whether in respect of the charges or other terms or conditions applied or otherwise) show undue preference to, or exercise undue discrimination against, particular person or persons of any class or description (in any market) as respects:
(i)the provision by means of the Applicable Systems of any telecommunication service provided by the Licensee (including offers of terms on which such services are to be provided) in the market determined by the Director for the purposes of Part A;
(ii)the maintenance, adjustment, repair or replacement of any apparatus comprised in the Applicable Systems which is used for the provision of any telecommunication service in the market determined by the Director for the purposes of Part A of this Licence;
(b)the Licensee may be deemed to have shown such undue preference or to have exercised such undue discrimination if it unfairly favours to a material extent a business carried on by it in relation to the provision of any telecommunication service referred to in paragraph 11.1(a) above so as to place at a significant competitive disadvantage persons competing with that business; and
(c)any question relating to whether any act done or course of conduct pursued by the Licensee amounts to such undue preference or such undue discrimination shall be determined by the Director, but nothing done in any manner by the Licensee shall be regarded as undue preference or undue discrimination if and to the extent that the Licensee is required or permitted to do such thing in that manner by or under any provision of this Licence.
Condition 12U.K.
PUBLICATION OF CHARGES, TERMS AND CONDITIONSU.K.
12.1 Where a determination has been made which applies to the Licensee for the purposes of Part A of this Licence, the Licensee shall, except in so far as the Director may otherwise consent in writing, publish prices and act in the manner set out below.
12.2 Within 28 days after the date the Director has made a determination which applies to the Licensee for the purposes of Part A, the Licensee shall send to the Director a notice specifying, or specifying the method that is to be adopted, for determining the charges, terms and conditions on which it offers to:U.K.
(a)provide each description of telecommunication service in the market determined by the Director for the purposes of Part A;
(b)maintain, adjust, repair or replace any apparatus comprised in the Applicable Systems which is used for the provision of any telecommunication service in the market specified by the Director pursuant to Part A of this Licence where that Part applies to the Licensee.
12.3 The Licensee shall provide the services referred to in paragraph 12.2 above at the charges, terms and conditions so published, and shall not depart therefrom except in the circumstances set out in paragraph 12.4 below.U.K.
12.4 The Licensee shall send to the Director:U.K.
(a)a notice of any amendment to any charge, term or condition, or method of determining the same, referred to in the notice described in paragraph 12.2 above; and
(b)a notice specifying, or specifying the method that is to be adopted, for determining the charges, terms and conditions on which it offers to provide each description of telecommunication service in the market specified by the Director for the purposes of Part A, which is materially different from any telecommunication service to which the notice under paragraph 12.2 above refers,
not less than 1 day before the amendment referred to in sub-paragraph 12.4(a) above is to come into effect, or the Licensee first provides the telecommunication service referred to in sub-paragraph 12.4(b) above.
12.5 The Licensee shall, as soon as practicable after sending to the Director each notice referred to in paragaphs 12.2 and 12.4 above, place a copy of such notice in a publicly accessible part of every Major Office of the Licensee in such manner and in such place that is readily available for inspection free of charge by members of the general public during such hours as the Secretary of State may by order prescribe that the register of Licences and final and provisional orders is to be open for public inspection under section 19(4) of the Act, or in the absence of any such order having been made by the Secretary of State, during normal office hours.U.K.
12.6 The Licensee shall send a copy of any notice referred to in paragraphs 12.2 and 12.4 above to any person at that person’s request (or such parts which have been requested).U.K.