PART IX REGULATION OF EQUIPMENT Regulation of electronic communications equipment. 40. (1) The Commission shall adopt technical standards through regulations prescribed by the Minister on the recommendation of the Commission, which regulations shall be made applicable to all electronic communications equipment and customer premises equipment in order to avoid harm which may be caused by that equipment to electronic communications networks or services, public health, safety or the environment. (2) The Commission shall ensure that the regulation of equipment and standards that the Commission may adopt shall be only the minimum standards necessary to ensure the safe and efficient provision of electronic communications networks and services. (3) In recommending the standards under this Part, the Commission shall take into account standards enacted by countries within the region and, where feasible, coordinate with such countries in the setting of standards through participation in international standards-setting bodies, or through consideration of the policies adopted by industry standards-setting organisations. (4) The Commission may recommend regulations to the Minister specifying type approval for all electronic communications equipment used for providing an electronic communications service, for operating or connecting to an electronic communications system, or for terminal equipment. (5) A person licensed to provide an electronic communications network or service, or who supplies electronic communications equipment, shall not use or supply an electronic communications equipment that does not comply with the technical standards prescribed by the Commission. (6) The Commission shall investigate a suspected breach of subsection (5) in accordance with section 36 of the Swaziland Communications Commission Act, and may subsequently take such action as Commission considers appropriate in accordance with section 42 of that Act. Regulation of radio communications equipment. 31