sec.120Matters to be considered by authority in making access determination

### sec.120 Matters to be considered by authority in making access determination In making an access determination, the authority must have regard to the following matters— the object of this part; the access provider’s legitimate business interests and investment in the facility; the legitimate business interests of persons who have, or may acquire, rights to use the service; the public interest, including the benefit to the public in having competitive markets; the value of the service to— the access seeker; or a class of access seekers or users; the direct costs to the access provider of providing access to the service, including any costs of extending the facility, but not costs associated with losses arising from increased competition; the economic value to the access provider of any extensions to, or other additional investment in, the facility that the access provider or access seeker has undertaken or agreed to undertake; the quality of the service; the operational and technical requirements necessary for the safe and reliable operation of the facility; the economically efficient operation of the facility; the effect of excluding existing assets for pricing purposes; the pricing principles mentioned in section 168A . The authority may take into account any other matters relating to the matters mentioned in subsection (1) it considers are appropriate. s 120 amd 2000 No. 15 s 31 ; 2008 No. 35 s 46 (sec.120-ssec.1) In making an access determination, the authority must have regard to the following matters— the object of this part; the access provider’s legitimate business interests and investment in the facility; the legitimate business interests of persons who have, or may acquire, rights to use the service; the public interest, including the benefit to the public in having competitive markets; the value of the service to— the access seeker; or a class of access seekers or users; the direct costs to the access provider of providing access to the service, including any costs of extending the facility, but not costs associated with losses arising from increased competition; the economic value to the access provider of any extensions to, or other additional investment in, the facility that the access provider or access seeker has undertaken or agreed to undertake; the quality of the service; the operational and technical requirements necessary for the safe and reliable operation of the facility; the economically efficient operation of the facility; the effect of excluding existing assets for pricing purposes; the pricing principles mentioned in section 168A . (sec.120-ssec.2) The authority may take into account any other matters relating to the matters mentioned in subsection (1) it considers are appropriate. - (a) the object of this part; - (b) the access provider’s legitimate business interests and investment in the facility; - (c) the legitimate business interests of persons who have, or may acquire, rights to use the service; - (d) the public interest, including the benefit to the public in having competitive markets; - (e) the value of the service to— (i) the access seeker; or (ii) a class of access seekers or users; - (i) the access seeker; or - (ii) a class of access seekers or users; - (f) the direct costs to the access provider of providing access to the service, including any costs of extending the facility, but not costs associated with losses arising from increased competition; - (g) the economic value to the access provider of any extensions to, or other additional investment in, the facility that the access provider or access seeker has undertaken or agreed to undertake; - (h) the quality of the service; - (i) the operational and technical requirements necessary for the safe and reliable operation of the facility; - (j) the economically efficient operation of the facility; - (k) the effect of excluding existing assets for pricing purposes; - (l) the pricing principles mentioned in section 168A . - (i) the access seeker; or - (ii) a class of access seekers or users;