62
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
Notification of interconnection disputes
40. (1) A party to a dispute arising under an interconnection agreement that has been
filed with the Authority may notify the Complaints and Compliance Committee in
writing of the dispute and such dispute must be resolved, on an expedited basis, by the
Complaints and Compliance Committee in accordance with the regulations prescribed 5
by the Authority.
(2) A party who is seeking to exercise his or her rights under subsection (1) may, at
any time, withdraw the notice in writing.
(3) A decision by the Complaints and Compliance Committee concerning any dispute
or a decision concerning a dispute contemplated in section 37(4)(c) is, in all respects, 10
effective and binding on the parties to the interconnection agreement unless an order of
a court of competent jurisdiction is granted against the decision.
Interconnection pricing principles
41. The Authority may prescribe regulations establishing a framework of wholesale
interconnection rates to be charged for interconnection services or for specified types of 15
interconnection and associated interconnection services taking into account the
provisions of Chapter 10.
Carrier pre-selection
42. (1) The Authority must make regulations—
(a) defining the electronic communications services subject to carrier preselection; and
(b) establishing a framework in terms of which—
(i) subscribers to an electronic communications service can access the
electronic communications services of another electronic communications service licensee; and
(ii) electronic communications network service licensees must make the
necessary electronic communications facilities available for the implementation and proper functioning of carrier pre-selection.
(2) The framework contemplated in subsection (1)(b) must be in force not later than
1 July 2006 and ensure that—
(a) electronic communications network service licensees implement, operate and
maintain the necessary electronic communications facilities to successfully
implement carrier pre-selection—
(i) in an efficient manner;
(ii) without undue delay; and
(iii) without discrimination; and
(b) electronic communications service licensees honour subscriber requests to
access the electronic communications services of another electronic communications service licensee on non-discriminatory terms and without delay.
CHAPTER 8
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25
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40
ELECTRONIC COMMUNICATIONS FACILITIES LEASING
Obligation to lease electronic communications facilities
43. (1) Subject to section 44(5) and (6), an electronic communications network
service licensee must, on request, lease electronic communications facilities to any other
person licensed in terms of this Act and persons providing services pursuant to a licence 45
exemption in accordance with the terms and conditions of an electronic communications
facilities leasing agreement entered into between the parties, unless such request is
unreasonable.
(2) Where the reasonableness of any request to lease electronic communications
facilities is disputed, the party requesting to lease such electronic communications 50
facilities may notify the Authority in accordance with the regulations prescribed in terms
of section 44.