Article 47 Tariff Filing and Approval
47.1 Universal service providers shall file with and obtain the approval of the Commission for all tariffs for their universal service offerings.
47.2 Dominant service providers shall file with and obtain the approval of the Commission for all tariffs of telecommunications services in markets in which the Commission has designated them as dominant.
47.3 The Commission may regulate the tariffs of service providers that are not covered in paragraphs 47.1 or 47.2.
47.4 The Commission may issue a decision to remove any requirement for universal and dominant service providers to file and obtain approval of tariffs under this Chapter where the Commission determines that:
a ) Competitive market forces will be sufficient to protect the interests of users; and
b ) There is not a significant risk of harm to competitive markets as a result of the removal of tariff regulation
47.5 Tariffs for services provided by universal or dominant service providers shall be based on the cost of efficient service provision and shall not contain excessive charges which are made solely as a result of the service provider’s dominant position or its designation as universal service provider.
47.6 Tariffs that must be filed with and approved by the Commission shall enter into force only after they have been approved by a decision of the Commission. Any agreement or arrangement between service providers and any user to collect a tariff other than the one approved by the Commission is prohibited.
47.7 The process for filing and approval of a tariff or tariff amendment shall be governed by this Chapter and by the Rules of Procedure.
47.8 Unless the Commission issues a decision to the contrary,
a ) A universal service provider shall not be required to file or obtain approval of tariffs for services that are not universal service offerings; and
b ) A dominant service provider shall not be required to file or obtain approval of tariffs for services that are provided in markets where it is not designated to be a dominant service provider
Article 48 Publication of Tariffs
48.1 From the date on which a service provider files a tariff or schedule of tariffs with the Commission until the tariff is approved, the service provider shall:
a ) Post a complete copy on its official web site; and
b ) Maintain a complete paper copy at its main business offices
48.2 Service providers shall maintain a complete and up to date schedule of their Commission-approved tariffs on their official web site and maintain a paper copy of the schedule for public viewing at their main business offices.
48.3 Universal service providers shall publish a complete and up-to-date schedule of their tariffs for universal service offerings in the front pages of their telephone directories. A service provider shall not be required to publish updated issues of its telephone directories solely to reflect changes in tariffs, but shall reflect such changes in the next regularly published telephone book.
48.4 In addition to paragraph 48.3 of this Article, a universal service provider shall notify users of changes in tariffs in any manner set out in a decision of the Commission.
Article 49 Tariffs for Services to Other Service Providers
49.1 Tariffs charged by dominant and universal service providers to other service providers shall be filed with and approved by the Commission in accordance with Article 47 of this Bylaw.
49.2 Tariffs for services charged by dominant and universal service providers to other service providers shall comply with the Interconnection Guidelines and any decisions issued by the Commission in relation to such tariffs.
Article 50 Preferential Tariffs
50.1 The Commission may issue a decision to direct service providers to set a preferential tariff for internet services provided to educational institutions and to submit the same to the Commission for approval.
50.2 Service providers may propose a preferential tariff for telecommunications services offered to educational institutions and to submit the same to the Commission for approval.
Article 51 General Principles for Tariff Regulation
51.1 The Commission may issue a decision to adopt any approach to tariff regulation of service providers that is consistent with the Commission statutes, including, but not limited to price cap regulation as described in this Chapter and forms of cost-based regulation.
51.2 The Commission may initiate a public consultation process on various methods of tariff regulation prior to issuing a decision to adopt a specific approach to tariff regulation.
51.3 The Commission, at its discretion may make determinations on an interim method of tariff regulation for service providers identified pursuant to paragraph 51.1 of this Article, if it determines that this would be an effective means of protecting user interests pending its decision on the most suitable method of tariff regulation pursuant to paragraphs 51.1 and 51.2 of this Article.
Article 52 Cost Studies
52.1 The Commission may require a service provider to prepare a cost study of its services if:
a ) It has designated the service provider as a dominant service provider;
b ) It determines that a cost study would be an effective and necessary means of preventing the anti-competitive cross-subsidisation of the service provider’s tariffs, or otherwise preventing an abuse of the service provider’s dominant position with respect to its tariffs
52.2 Where the Commission requires a service provider to prepare a cost study, the service provider shall file with the Commission a study of its costs of providing the different categories of service. The Commission shall issue a decision on the cost categories, form, approach, procedures and timing of the cost study. The purpose of the cost study shall be to determine the costs to the service provider of providing different telecommunications services.
52.3 The Commission shall consult with the service provider required to file a cost study before it issues a decision requiring the study.
Article 53 Price Cap Regulation Plan
53.1 The Commission may require a service provider to propose a method of price cap regulation if:
a ) It has designated the service provider as a dominant service provider;
b ) It determines that the service provider is a major national supplier of telecommunications services in the Kingdom; and
c ) It determines that price cap regulation would be an effective means of reducing the regulatory burden of tariff approvals for that service provider or of providing incentives for efficient service provision
53.2 Where the Commission requires a service provider to propose a method of price cap regulation, the service provider shall file with the Commission a proposal for implementation of a method of price cap regulation of its service tariffs. The proposal shall provide the starting tariffs for price cap regulation. The Commission may issue a decision establishing guidelines for the development of the proposal.
53.3 The Commission shall consult with the service provider required to propose a method of price cap regulation before it issues a decision requiring a proposal.
Article 54 Consultation Process on Price Cap Regulation
54.1 The Commission may initiate a public consultation process on whether to adopt the price cap method of tariff regulation for one or more service providers. If it does so, the Commission shall establish the process for such consultations.
54.2 If it decides to adopt the price cap method of regulation, the Commission shall take the following factors into account in its decision:
a ) The costs of the service provider;
b ) The appropriate rate of return included in the calculation of the starting tariffs;
c ) The duration of the initial price cap period;
d ) The services to which the price cap method of regulation would apply;
e ) The date on which the initial price cap period shall end;
f ) The number of price cap baskets and the services which will be in each basket;
g ) The price cap formula and the variables in the formula, including an inflation factor and a productivity offset factor; and
h ) Other items that may be appropriate for price cap regulation in the Kingdom