Section 31: Tariffs

31. Tariffs (1) Every public operator shall submit to the Authority, in such form and manner as the Authority may determine, a tariff for every information and communication service which it wishes to supply and every intended alteration to a tariff, at least 15 days before the implementation of the tariff or the alteration, as the case may be. (2) Every tariff or alteration submitted to the Authority under subsection (1) shall— (a) be calculated in accordance with such guidelines as the Authority may issue; I12 – 21 [Issue 4] Information and Communication Technologies Act (b) include information relating to— (i) the term during which the tariff or alteration is to apply; (ii) the description of the information and communication service; (iii) the amount of all charges payable for each information and communication service, including the amount of any surcharge that may be imposed as a result of non-payment of fees or charges and the cost-related computation thereof; (iv) the breakdown of cost and cost elements involved in supplying every information and communication service; (v) the quantity in which the information and communication service is supplied; (vi) the network configuration, including the capacity needed, to supply the information and communication service; (vii) the performance characteristics for the information and communication service supplied; and (viii) the terms and conditions on which the information and communication service is or is to be supplied, including the mode of payment. (3) No public operator shall demand or receive from any person payment of any tariff which— (a) has not been submitted to the Authority in accordance with subsections (1) and (2); (b) is different from the tariff submitted to the Authority under this section; or (c) has been disallowed by the Authority. (4) Every public operator shall display the tariff or alteration applicable for every information and communication service it offers in a conspicuous place at every point of sale of such service. (5) Where the Authority is provided with a tariff or alteration under subsection (1), it may, where the tariff or alteration has been provided by a public operator having a significant market power, require the public operator to provide such additional information as it considers necessary. (6) On receipt of a request from the Authority under subsection (5), the public operator shall provide the additional information within 15 days of the date of the request. (7) (a) The Authority shall— (i) in the case of a public operator having significant market power, within 30 days of the date on which it is provided with a tariff or alteration under subsection (1), or it receives additional information under subsection (5), whichever is the later; or [Issue 4] I12 – 22 Revised Laws of Mauritius (ii) in the case of a public operator not having significant market power, within 15 days of the date on which it is provided with a tariff or alteration under subsection (1), determine whether to allow, disallow, or amend the tariff or alteration and shall, by notice in writing, inform the public operator of its decision. (b) Where the Authority allows or amends a tariff or alteration, it may impose such terms and conditions as it may determine. (c) Where the Authority disallows or amends a tariff or alteration, it shall communicate, in writing, the reasons for its decision to the public operator. (d) Where a tariff or an alteration has been allowed or amended by 1), determine whether to allow, disallow, or amend the tariff or alteration and shall, by notice in writing, inform the public operator of its decision. (b) Where the Authority allows or amends a tariff or alteration, it may impose such terms and conditions as it may determine. (c) Where the Authority disallows or amends a tariff or alteration, it shall communicate, in writing, the reasons for its decision to the public operator. (d) Where a tariff or an alteration has been allowed or amended by the Authority, the public operator shall forthwith give public notification of the tariff, alteration or amended tariff in 2 newspapers for 3 consecutive days. (8) (a) Subject to subsection (9), where a public operator docs not receive any communication from the Authority within 15 days of the date the public operator has submitted its tariff to the Authority, the tariff shall be deemed to have been allowed by the Authority. (b) Paragraph (a) shall not apply to a public operator having significant market power. (9) The Authority may— (a) in the case of an operator not having a significant market power, at any time after the specified period of 15 days referred to in subsection (8) (a); or (b) in the case of an operator having a significant market power, at any time after its tariff or alteration has been allowed by the Authority, disallow or amend the tariff or alteration where— (i) the information submitted under subsection (2) (b) or (5), as the case may be, is found to be incorrect or misleading in a material particular; (ii) the tariff or alteration— (A) is not calculated in accordance with such guidelines as the Authority may issue; (B) is not accompanied by information required to be submitted under subsection (2) (b); or (C) is otherwise in contravention of the Act or a directive issued by the Authority. [S. 31 repealed and replaced by s. 14 (e) of Act 38 of 2011 w.e.f. 15 December 2011.] (S. 31 came into operation on 1 June 2002.) I12 – 22 (1) [Issue 4] Information and Communication Technologies Act