MDPPACPB Regulations

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(d) Non-Disclosure or Opaque Practices: 
(i) failure to publish access terms, applicable tariffs, pricing schedules, volume-
based discounts (if any), and surcharges; 
(ii) failure to make operational policies governing scheduling, nomination, 
curtailment, and maintenance publicly available; 
(iii) refusal to provide, upon request from a bona fide third-party access seeker, 
relevant technical specifications, interconnection criteria, interface protocols, 
operational manuals, or standard operating procedures necessary to 
evaluate or plan access, subject to confidentiality protections where 
appropriate. 
 
4. Use-It-Or-Lose-It Rule 
The Authority may implement and enforce a “use-it-or-lose-it” regime, under 
which: 
(a) Reserved or contracted capacity underutilized below a defined threshold 
(e.g., 60%) over a rolling period (e.g., 90 or 180 days) may be reclaimed and 
reallocated to eligible third parties; 
(b) Operators shall provide periodic proof of utilization for all contracted or 
reserved capacity; 
(c) Unused capacity released under this rule shall be transparently re-offered 
to the market under non-discriminatory terms. 
 
5. Capacity Reservation Caps 
The Authority may, where necessary to prevent market foreclosure, impose a 
cap on the total volume or percentage of infrastructure capacity that a single 
company or affiliated group may reserve on strategically important 
infrastructure segments, subject to: 
(a) public or stakeholder consultation and periodic review of market 
conditions; 
(b) adjustment based on demand trends, entry prospects, or abuse risk. 
 
6. Directed Expansion or Third-Party Investment 
If the Authority determines that an operator is deliberately stagnating capacity 
growth, refusing to invest where market demand and technical feasibility 
support expansion, or withholding expansion-related information, it may: 
(a) in accordance with section 32(t) of the Act, direct the operator to 
undertake capacity expansion or upgrades within a specified timeline; or 
(b) in line section 113(4) of the Act, allow third parties to invest in or finance 
expansion of the facility under regulatory oversight and shared access 
arrangements.  
 
7. Transparency, Recordkeeping, and Reporting Obligations 
Operators shall: 
(a) publish and apply uniform access protocols, standards, thresholds, and 
tariffs, including any surcharges or volume-based discounts;