Implementing Regulations of the Telecommunications and Information Technology Law

1. CST shall – prior to issuing or amending its decision to classify a service provider as a dominant service provider in a specific market, or amending the percentage stipulated in Article 15 of the Law – take into account whether the service provider, alone or jointly with other service providers, owns an economic position that enables him to act independently from competitors or users. It shall also take into account, as a minimum, the following: a. To what extent the service provider has exclusive or predominant control over basic service provision facilities or telecommunications or information technology facilities providing him with access to users; b. Total revenues of a telecommunications or information technology market identified as a dominant service provider in that market, unless CST decides otherwise; c. Nature and size of barriers to market access; d. Service provider,s market share; e. Number and market shares of other service providers; f. Service provider’s pricing behavior and his ability to take the lead in determining same; and g. Ability to provide an acceptable alternative service. Chapter VI : Competition Provisions Implementing Regulations of the Telecommunications & Information Technology Law In all cases, CST shall, prior to issuing a decision designating a service provider as a dominant one, take public consultation and the concerned service provider. 2. Decisions defining dominant service providers shall include a designation and description of their respective markets. 3. CST shall publish an updated list of all dominant service providers, including their respective markets.