187Effect of being subject to information disclosure regulation

1. A regulated fibre service provider who is subject to information disclosure regulation must—

2. publicly disclose information in accordance with the information disclosure requirements set out in the relevant section 170 determination; and
3. supply to the Commission a copy of all information disclosed in accordance with the section 170 determination, within 5 working days after the information is first made available to the public; and
4. supply to the Commission, in accordance with a written notice by the Commission, any further statements, reports, agreements, particulars, or other information required for the purpose of monitoring the regulated fibre service provider’s compliance with the section 170 determination.

5. If a regulated fibre service provider is subject to information disclosure regulation, the Commission—

6. may monitor and analyse all information disclosed in accordance with the information disclosure requirements; and
7. must, as soon as practicable after any information is publicly disclosed, publish (on the Commission’s Internet site) a summary and an analysis of that information for the purpose of promoting greater understanding of the performance of individual regulated fibre service providers, their relative performance, changes in their performance over time, and their ability to extract excessive profits.

8. To avoid doubt, the Commission may, as part of a summary and an analysis, include an analysis of how effective the information disclosure requirements imposed on the regulated fibre service providers are in promoting the purpose in section 162.

9. In complying with subsection (2)(b), the Commission must ensure that satisfactory provision exists to protect the confidentiality of any information that may reasonably be regarded as confidential or commercially sensitive.