Common use of Prohibition of Cross-Subsidization Clause in Contracts

Prohibition of Cross-Subsidization. 11.2.1 The Licensee shall not subsidise or cross-subsidise, or permit itself to be subsidised or cross-subsidised or give or receive undue preference to or from, any of its associated businesses or persons as concerns the provision of the Licensed Services and/or any other Licenses granted to the Licensee by the Licensor. 11.2.2 The Licensee shall maintain necessary records to evidence resource transfers between its associated businesses or persons. The Licensor may at its discretion require the Licensee to submit this or other information related to the Licensed businesses to satisfy the Licensor that no cross-subsidy is taking place. 11.2.3 Where the Licensee is suspected to be cross subsidising, the Licensor shall issue a written notice requiring the Licensee to make representations in respect of the suspected cross subsidisation within thirty (30) days. 11.2.4 In the event that the Licensor determines that cross-subsidisation has occurred, the Licensor shall give written notice to the Licensee setting out the necessary action the Licensee should take in order to remedy the breach. 11.2.5 The Licensee shall keep separate accounts for different business segments.

Appears in 3 contracts

Samples: Regional Public Service Provider Licence Agreement, National Public Service Provider License Agreement, Regional Public Infrastructure Provider License Agreement

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Prohibition of Cross-Subsidization. 11.2.1 (a) The Licensee shall not subsidise subsidize or cross-subsidisesubsidize, or permit itself to be subsidised subsidized or cross-subsidised subsidized or give or receive undue preference to or from, any of its associated businesses or persons as concerns the provision of the Licensed Services and/or any other Licenses licenses granted to the Licensee by the Licensor. 11.2.2 (b) The Licensee shall maintain necessary records to evidence resource transfers between its associated businesses or persons. The Licensor may at its discretion require the Licensee to submit this or other information related to the Licensed licensed businesses to satisfy the Licensor that no cross-subsidy is taking place. 11.2.3 (c) Where the Licensee is suspected to be cross subsidising, the Licensor shall issue a written notice requiring the Licensee to make representations in respect of the suspected cross subsidisation within thirty (30) days. 11.2.4 (d) In the event that the Licensor determines that cross-subsidisation has occurred, the Licensor shall give written notice to the Licensee setting out the necessary action the Licensee should take in order to remedy the breach. 11.2.5 (e) The Licensee shall keep separate accounts for different business segments.

Appears in 1 contract

Samples: National Public Infrastructure Provider License Agreement

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Prohibition of Cross-Subsidization. 11.2.1 10.2.1 The Licensee shall not subsidise or cross-subsidise, or permit itself to be subsidised or cross-subsidised or give or receive undue preference to or from, any of its associated businesses or persons as concerns the provision of the Licensed Services and/or any other Licenses granted to the Licensee by the Licensor. 11.2.2 10.2.2 The Licensee shall maintain necessary records to evidence resource transfers between its associated businesses or persons. The Licensor may at its discretion require the Licensee to submit this or other information related to the Licensed businesses to satisfy the Licensor that no cross-subsidy is taking place. 11.2.3 10.2.3 Where the Licensee is suspected to be cross subsidising, the Licensor shall issue a written notice requiring the Licensee to make representations in respect of the suspected cross subsidisation within thirty (30) days. 11.2.4 10.2.4 In the event that the Licensor determines that cross-subsidisation has occurred, the Licensor shall give written notice to the Licensee setting out the necessary action the Licensee should take in order to remedy the breach. 11.2.5 10.2.5 The Licensee shall keep separate accounts for different business segments.

Appears in 1 contract

Samples: Communal Access Service Provider Licence Agreement

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