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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(e) the sharing of technical information, including obligations imposed in respect
of the disclosure of current and future electronic communications network
planning activities;
(f) contractual dispute-resolution procedures;
(g) billing and settlement procedures;
(h) interconnection services such as support systems, calling line identification,
signalling services, supervision, functionality, unbundling of interconnection
services, fault reporting, co-operation in the event of faults and collocation;
(i) access and security arrangements;
(j) the framework for determining technical and financial feasibility and
promotion of efficient use of the electronic communications networks and
provision of services contemplated in section 37(3);
(k) the requirement that a licensee negotiate and enter into an interconnection
agreement with an applicant for an individual licence; and
(l) the manner in which interconnection services are to be unbundled and made
separately available by licensees.
(4) Where the regulations require negotiations with an applicant as contemplated in
subsection (3)(k), reference in this Chapter to a licensee seeking to interconnect must be
considered to include a reference to an applicant.
(5) The interconnection regulations may exempt (in whole or in part) licensees from
the obligation to interconnect under section 37(1) where the Authority has not found
such licensees to have significant market power in the relevant market or market
segment in terms of Chapter 10.
(6) Where a licensee is exempt from the obligation to interconnect in terms of
subsection (5) and such exempted licensee enters into an interconnection agreement
with another exempted licensee, or a person providing services pursuant to a licence
exemption, sections 37(6) and 39(3) and (4) do not apply to such an interconnection
agreement.
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Filing of interconnection agreements
39. (1) An interconnection agreement must be in writing and must be submitted to the
Authority.
(2) An interconnection agreement becomes effective and enforceable upon filing with
the Authority in the prescribed manner, unless—
(a) an order of a court of competent jurisdiction is granted against such
agreement; or
(b) the Authority provides the parties with written notice of non-compliance in
terms of subsection (5).
(3) The Authority must, at the request of any person and on payment of such fee as
may be prescribed, furnish that person with a copy of any interconnection agreement
and the rates and charges contained in such agreement.
(4) The Authority must review an interconnection agreement submitted in terms of
subsection (1) to determine whether the agreement is consistent with the regulations
prescribed.
(5) Where the Authority determines that any term or condition of an interconnection
agreement is not consistent with the regulations, the Authority must in writing—
(a) notify the parties of the non-complying terms and conditions; and
(b) direct the parties to agree on new terms and conditions consistent with the
regulations.
(6) The parties must, upon reaching agreement and amending the non-complying
terms and conditions of the interconnection agreement, submit the amended agreement
to the Authority for consideration and review.
(7) The provisions of subsections (4) and (5) apply, with the necessary changes, to the
consideration and review of the amended agreement by the Authority.
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