90
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(c) Where, on the basis of such review, the Authority determines that the licensee
to whom pro-competitive conditions apply continues to possess significant
market power in that market or market segment, but due to changes in the
competitive nature of such market or market segment the pro-competitive
conditions are no longer proportional in accordance with subsection (7), the 5
Authority must modify the applicable pro-competitive conditions applied to
that licensee to ensure proportionality.
(9) Subject to the provisions of this Act, the Competition Act applies to competition
matters in the electronic communications industry.
(10) The Authority is, for the purposes of the Competition Act, a regulatory authority 10
defined in section 1 of that Act.
(11) The Authority may ask for and receive from the Competition Commission,
assistance or advice on relevant proceedings of the Authority, including proceedings
under this Chapter.
(12) The Competition Commission may ask for and receive from the Authority, 15
assistance or advice on relevant proceedings of the Competition Commission.
CHAPTER 11
NUMBERING
Numbering plans and number portability
68. (1) The Authority must make regulations prescribing—
(a) a numbering plan which must be amended and updated as the Authority
considers necessary—
(i) for efficient use and allocation of numbers; and
(ii) to accommodate the varied protocols used and services provided by
licensees under this Act; and
(b) measures to ensure that number portability is introduced in 2005 or soon
thereafter, as far as is practicably possible, including—
(i) the creation of a national number portability database; and
(ii) cost allocation and cost recovery among licensees.
(2) A numbering plan must consist of a scheme of identification so as to ensure that
electronic communications are correctly and efficiently directed to the point of reception
for which they are intended.
(3) Subject to subsection (7), the Authority must, in preparing a numbering plan, take
account of existing numbering plans or schemes.
(4) The numbering plan contemplated in subsection (1)(a) must be non-discriminatory.
(5) The Authority must maintain and manage a central numbering database system.
(6) Every individual electronic communications service licensee and individual
electronic communications network service licensee, as applicable, must submit
information on all numbers, including numbers of pre-paid subscribers allocated in
terms of its licence, to the Authority.
(7) The regulations made in terms of subsection (1) must include matters relating to—
(a) the fees licensees must pay for the allocation of numbers to recover
administration costs;
(b) the conditions under which a licensee may be required to surrender unused
numbers to the Authority for reallocation;
(c) the allocation of responsibility between electronic communications service
licensees and electronic communications network service licensees for the
implementation of the numbering plan and number portability to—
(i) ensure effective functionality;
(ii) ensure access and routing within electronic communications networks;
and
(iii) allow licensees to assign numbers to subscribers and transfer numbers
when subscribers change services in an efficient manner without
unreasonable delay or disruption of service;
20
25
30
35
40
45
50
55