P.U.(A) 419/2002
COMMUNICATIONS AND MULTIMEDIA (UNIVERSAL SERVICE PROVISION) REGULATIONS 2002
PART V - COSTING OF UNIVERSAL SERVICE PROVISION
Regulation 21. Overstatement of claim.
(1) If the Commission finds that a designated universal service provider has overstated its claim in respect of the cost incurred in implementing the approved universal service plan in a universal service target for a calendar year, the Commission may, by a written notice to the designated universal service provider—
(a) state the Commission's findings; and
(b) request the designated universal service provider to explain in writing the overstatement within a specified period of time.
(2) If explanation under paragraph 1(b) is not provided by the designated universal service provider within the time specified in the request or any extension of time granted by the Commission, the Commission may make a decision on the claim of and the decision of the Commission shall be final.
(3) The Commission shall, before making a decision under subregulation (2), consider the following:
(a) the explanation provided by the designated universal service provider, if any;
(b) whether the designated universal service provider acted in good faith; and
(c) such other matters as the Commission may deem relevant.
(4) If the Commission decides that the designated universal service provider has overstated its claim for a calendar year, the Commission shall have the right to estimate the designated universal service provider's claim for that calendar year and the estimation of the Commission shall be final.
(5) Notwithstanding subregulations (2) and (4), a designated universal service provider who intentionally overstates a claim or makes a claim for which the cost is not incurred in implementing the approved universal service plan in a universal service target commits an offence under these Regulations.
