Notwithstanding
section 8.38, if the revenue assumed in the Total Revenue calculation under
section 8.4 reflects costs (including capital costs) that are attributable to
providing the Reference Service jointly with a Rebatable Service, then all or
part of the Total Revenue that would have been recovered from the Rebatable
Service under section 8.38 (if that Service was a Reference Service) may be
recovered from the Reference Service provided that an appropriate portion of
any revenue realised from sales of any such Rebatable Service is rebated to
Users of the Reference Service (either through a reduction in the Reference
Tariff or through a direct rebate to the relevant User or Users). The
structure of such a rebate mechanism should be determined having regard to the
following objectives:
(a)
providing the Service Provider with an incentive to promote the efficient use
of Capacity, including through the sale of Rebatable Services; and
(b)
Users of the Reference Service sharing in the gains from additional sales of
Services, including from sales of Rebatable Services.