26Technical and prudential criteria

26 Technical and prudential criteria (1) ICRC must, in writing, adopt technical and prudential criteria for determining whether a utility, or an applicant for a licence, has the capacity— (a) to comply with licence conditions; and (b) to operate a viable business as licensee. (2) ICRC must, on request in writing by a utility, or an applicant or prospective applicant for a licence, give the person particulars of the relevant technical and prudential criteria.

Terms of licences Division 3.2 (3) Section 38 applies to a variation of the criteria adopted in relation to a particular utility in the same way as it applies to a variation of a licence.