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| | Legal Basis for this Code |
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| | Legal Effect of this Code |
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| | Persons Subject to this Code |
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| | Rules of Construction and Definitions |
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| | Reliance on Private Negotiations and Industry Self-Regulation |
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| | Basis for Regulatory Intervention |
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| | Open and Reasoned Decision-Making |
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| | Consultation with Other Regulatory Authorities |
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| | Avoidance of Unnecessary Delay |
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| | Modifications or Elimination of Unnecessary Provisions |
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| | Requests for Modification or Elimination of Unnecessary Provisions |
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| | Reservations of Authority |
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| | Right to Grant Exemptions from Any Provision of this Code |
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| | Right to Waive Code Provisions Where Necessary in the Public Interest |
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| | Effective Date of this Code |
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| | PUBLIC INTEREST OBLIGATIONS |
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| | Obligation to Broadcast Events of National Significance |
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| | Obligation to Make Specified Materials Reasonably Available |
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| | Prohibition on Obtaining Exclusive Rights as Specified by MDA |
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| | Prohibition on Hoarding Specified Programmes |
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| | Obligation to Cross-Carry Content |
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| | Duty of Free-to-Air Television Licensees and Free-to-Air Radio Licensees to Broadcast Specified Events of National Significance |
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| | Designation of Events of National Significance That Must be Broadcast |
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| | Selection of Lead Broadcaster Where Multiple “Feeds” are not Feasible |
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| | Use of Competitive Tender, Where Feasible |
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| | Appointment of a Lead Broadcaster |
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| | Duty of the Lead Broadcaster to Co-operate |
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| | Duty to Share the “Feed” and Requirements Imposed on the Lead Broadcaster, and the Person Receiving the “Feed” from the Lead Broadcaster, Including Compensation |
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| | Duty on Both Persons to Negotiate in Good Faith |
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| | Confirmation by the Lead Broadcaster of Acceptance of Prices, Terms and Conditions |
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| | Conciliation/Dispute Resolution |
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| | Designated Video and Newspaper Archive Operators |
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| | Specification of Designated Archive Operators |
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| | Fulfilment of Obligations and Specific Requirements |
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| | General Duty of the Designated Video Archive Operator |
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| | Conditions to be Satisfied by the Designated Video Archive Operator |
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| | Viewing at Cost-Based Charges |
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| | Duty to License Certain Materials for Broadcast |
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| | Protection of Licensing and Intellectual Property Rights |
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| | Compensation for Licensing Archived Material |
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| | Duty on Both Persons to Negotiate in Good Faith |
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| | Default Pricing Principles for Determining Compensation |
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| | Public Access to Specified Programmes |
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| | Restriction on Acquisition of Certain Programme Rights by Subscription Television Licensees (“Anti-Siphoning”) |
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| | Programmes in Which a Subscription Television Licensee May Not Obtain for Its Own Use Any Exclusive Broadcast Right |
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| | Programmes in Which a Subscription Television Licensee May Not Obtain for Its Own Use Exclusive Rights to Any Delayed Broadcast Package |
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| | Criteria for Imposing Anti-Siphoning Restrictions |
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| | Procedures for Designating Additional Programmes or Removing Designation |
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| | Prohibition on “Hoarding” of Listed Programmes |
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| | Obligation of Free-to-Air Television Licensees with Exclusive Rights |
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| | Duty to Offer Unused Rights to Other Holders of Television Licences at Cost |
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| | Duty to Negotiate in Good Faith |
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| | Obligation to Cross-Carry Qualified Content |
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| | Duty of Supplying Qualified Licensees to Make Qualified Content Available for Cross-Carriage by Receiving Qualified Licensees |
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| | Duty of Receiving Qualified Licensees to Carry Qualified Content Made Available by Supplying Qualified Licensees |
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| | Agreements for Cross-Carriage of Content and Conciliation/Dispute Resolution |
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| | REGULATED PERSONS’ DUTIES TO END-CONSUMERS |
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| | Duty to Comply with Minimum Quality of Service Standards |
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| | Duty to Provide Accurate, Timely and Clear Statements of Charges |
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| | No Charges for Unsolicited Services or Equipment |
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| | Procedures to Contest Charges |
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| | Prohibition on Excessive Early Termination Liabilities |
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| | Duty to Protect Subscriber Service Information |
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| | PROHIBITION ON UNFAIR METHODS OF COMPETITION |
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| | General Prohibition on Unfair Methods of Competition |
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| | Use of Media Services to Disseminate False or Misleading Claims |
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| | Degradation of Service Availability or Quality |
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| | Provision of False or Misleading Information |
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| | Interference with Relationships Involving Consumers, Advertisers or Ancillary Media Service Providers |
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| | Prohibition on Predatory Pricing |
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| | Prohibition on Anti-competitive Leveraging |
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| | Special Provisions Applicable to Regulated Persons Affiliated with Ancillary Media Service Providers |
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| | Imposition of Structural Separation or Non-Structural Safeguards |
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| | Duties of Dominant Persons |
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| | Classification and Reclassification of Regulated Persons |
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| | Criteria for Reclassification |
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| | Exemption from Application of Dominant Person Obligations |
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| | Exemptions Applicable to Specific Markets |
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| | Exemption from Specific Obligations |
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| | SPECIAL OBLIGATIONS OF DOMINANT PERSONS |
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| | Duties of Dominant Persons |
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| | Duty to Provide Media Services on Reasonable Request |
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| | Fair Access to Programme Lists |
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| | Duty to Provide Access to Advertising Capacity |
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| | Prohibition on Abuse of Dominant Position |
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| | Imposition of Abusive or Over-Reaching Contract Terms |
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| | PROHIBITION OF AGREEMENTS THAT RESTRICT OR DISTORT COMPETITION |
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| | Determining the Existence of an Agreement |
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| | Market and Consumer Allocation |
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| | Agreements Not Prohibited if Ancillary to Legitimate Collaborative Ventures |
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| | Other Agreements Between Competitors |
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| | Business Purpose of the Agreement |
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| | Likelihood of Competitive Harm |
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| | Effect of Agreements that Prevent, Restrict or Distort Competition |
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| | Prohibition on any Regulated Person Entering Into Any Consolidation Likely to Substantially Lessen Competition |
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| | Duty to Obtain Approval of MDA Prior to Entering Into Certain Consolidations |
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| | Situations that Constitute a Consolidation |
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| | Statement that Consolidation Agreement is Subject to Approval of MDA |
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| | Joint Application Requirement |
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| | Timing of the Consolidation Application |
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| | “Short Form” Application Procedure |
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| | “Long Form” Application Procedure |
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| | Consolidation Review Period |
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| | Consolidation Review Period Does Not Begin Until Receipt of Complete Consolidation Application |
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| | Tolling of Consolidation Review Period Due to Failure to Adequately Respond to Supplemental Information Requests |
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| | Horizontal Consolidations |
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| | Non-Horizontal Consolidations |
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| | Considerations Applicable to All Consolidations |
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| | Public Interest Considerations |
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| | Disposition of Consolidation Applications |
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| | Grant of the Consolidation Application |
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| | Denial of the Consolidation Application |
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| | Grant of the Consolidation Application, Subject to Conditions |
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| | Non-Discrimination Requirements |
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| | Limitations on Joint Directors or Managers |
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| | Limitations on Information Sharing |
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| | Termination or Modification of Restrictive Existing Agreements |
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| | Other Behavioural Safeguards |
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| | Consultation with Applicants Prior to Rejection or Imposition of Significant Conditions |
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| | Notification by Applicants of Acceptance or Rejection of Conditions |
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| | Informal Guidance Prior to Filing of Consolidation Application |
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| | Consolidation Application Fee |
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| | DUTY TO PROVIDE ACCESS TO ESSENTIAL RESOURCES |
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| | Procedures for Obtaining Access to Essential Resources |
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| | Request to Entity Controlling the Resource |
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| | Decision to Require Access to Specific Resources |
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| | Public Interest Determination |
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| | Designation of Essential Resources |
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| | Implementation of MDA’s Access Requirements |
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| | DISPUTE RESOLUTION AND ENFORCEMENT PROCEDURES |
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| | Request for Informal Guidance |
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| | Procedures for Requesting Informal Guidance |
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| | Guidance at the Discretion of MDA |
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| | Informal Guidance Does Not Bind MDA |
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| | Procedures for Requesting Conciliation |
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| | Timing and Procedures for Requesting Dispute Resolution |
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| | Duty to Negotiate in Good Faith |
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| | Petition for Dispute Resolution |
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| | MDA’s Right to Request Additional Information |
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| | Binding Effect of Submissions |
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| | Effect of Failure to Submit Required Information |
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| | Scope of the Dispute Resolution Procedure |
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| | Timing of the Dispute Resolution Procedure |
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| | MDA’s Right to Impose Administrative Fees |
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| | Private Requests for Enforcement |
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| | Procedures for Private Requests for Enforcement |
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| | Non-Disclosure of Identity |
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| | Deferment of Consideration for Request for Enforcement |
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| | Withdrawal of Request for Enforcement |
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| | Procedures for Enforcement Actions |
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| | Notification and Requests for Information |
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| | Request for Additional Information |
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| | Preliminary Decision and Ability to Provide Further Representations on Facts of Case |
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| | Revised Preliminary Decision and Ability to Provide an Additional Set of Further Representations on Facts of Case |
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| | Draft Final Decision and Reconsideration Request |
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| | Relevant Market Definition |
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| | Interim Direction to Cease and Desist |
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| | Timeliness of Enforcement Action |
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| | Binding Effect of Representations |
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| | Orders to Cease and Desist |
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| | Information Gathering Procedures |
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| | Request for Response to Specific Questions |
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| | Request for Reconsideration |
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| | Sanctions for Failure to Comply with Information Requests |
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| | Consultation with Other Interested Persons |
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| | Procedures for Requesting Confidential Treatment |
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| | Standards Governing Grant of Confidential Treatment |
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| | Notification of Denial of Confidential Treatment |
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| | MDA’s Powers to Deal with Information |
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| | Administrative Review of MDA’s Acts, Directions and Decisions |
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| | REVOCATION, SAVINGS AND TRANSITIONAL |
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| | General Transitional Rules |
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| | Status of Pre-Code Agreements |
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| | Contraventions before the Effective Date of this Code |
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| | Application of this Code to Continuing Agreement, Act and Conduct |
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| | Uncompleted Proceedings under the Revoked Media Market Conduct Code |
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| | RESTRICTIONS THAT MAY BE APPLIED ON ADVERTISEMENTS PROMOTING CERTAIN MEDIA SERVICES |
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| | PROCEDURE FOR FILING AND INFORMATION REQUIREMENTS FOR CONSOLIDATION APPLICATIONS |
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| | DEFAULT PRICING PRINCIPLES FOR USE IN DISPUTE RESOLUTION |
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