MDPPACPB Regulations

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(d) 
Claiming undue preference or exemption from open access, 
market rules, or competition obligations by invoking public service mandates. 
4. 
Transparency and Audit Requirements 
Licensees subject to public service obligations shall: 
 
(a) 
Maintain transparent records of all relevant transactions, logistics, 
and compliance costs; 
 
(b) 
Submit periodic reports to the Authority detailing performance 
against imposed obligations; 
 
(c) 
Cooperate fully with any audit or investigation into the application 
of pricing frameworks, or supply mandates. 
5. 
Enforcement and Sanctions 
Violation of this Regulation shall attract regulatory sanctions, including 
administrative penalties, recovery of subsidy overpayments, suspension of 
public service privileges, or revocation of licence under Parts XVI and XVII of 
these Regulations. 
 
9. Application of Open Access and Third-Party Access Principles 
 
1. 
Incorporation of Statutory Principles 
Open 
access, 
third-party 
access, 
and 
non-discrimination 
shall 
be 
implemented in accordance with the relevant provisions of the Act, principally 
but not limited to Sections 116, 161, 162, 163, 179, 180, 185 and 213, and any 
subsequent regulations, directives, or guidelines issued by the Authority 
pursuant to the Act. 
2. 
Interpretive Standards 
For the purposes of this Regulation: 
 
(a) 
Open access has the meaning specified in Sections 161, 162, 180, 
185 and 318 of the Act.  
 
(b) 
Third-party access has the meaning stipulated in Sections 179, 185, 
318 and other relevant provisions of the Act. 
 
(c) 
Non-discrimination has the meaning stated in Sections 116 and 
213 of the Act.  
 
3. 
Objectives 
These provisions shall be applied in a manner that: 
 
(a) 
Promotes fair competition and market entry; 
 
(b) 
Prevents exclusionary or monopolistic practices; 
 
(c) 
Facilitates the efficient utilisation of infrastructure; 
 
(d) 
Encourages investment and innovation while protecting customer 
rights. 
 
4. 
Regulatory Guidance 
The Authority may issue further guidelines or interpretations to clarify the scope 
and application of these provisions. In the event of any ambiguity, reference 
shall be made to the objects and intent of the Act and prevailing international 
best practices in the regulation of essential infrastructure.