96
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(a) the construction; or
(b) placing into service,
of the electronic communications facilities or electronic communications networks, or
parts thereof, that are the subject of the contravention or failure to comply, by entering
into one or more agreements with a third-party engaging such person to build or operate
the electronic communications facilities or electronic communications networks in
accordance with the specific terms and conditions contained in the licence.
(3) The agreements contemplated in subsection (2) are subject to the following:
(a) The natural person, juristic person or licensee must enter into the outsource
agreement within (90) ninety days of a finding of a contravention or failure to
comply with the terms and conditions of the licensee; and
(b) The particular electronic communications facilities or electronic communications networks must be constructed and placed in operation as soon as
practicable after conclusion of the outsource agreement subject to oversight
and review by the Authority.
(4) In the case of unwillingness or inability of the licensee to negotiate or agree on the
terms and conditions of the outsource agreement, within the period specified in
subsection (3)(a), the Authority may—
(a) impose terms and conditions consistent with the specific terms and conditions
contained in the licence, this Act and the related legislation, as applicable; or
(b) propose terms and conditions, which, subject to negotiations among the
parties, must be agreed to by the parties within the period specified in
subsection (3)(a).
(5) The construction or placing into service of the electronic communications
facilities or electronic communications networks, or parts thereof, contemplated in
subsection (2) may be undertaken by—
(a) the third-party outsource contractor under the authority of the licence held by
the natural person, juristic person or licensee that is a party to the outsource
agreement; or
(b) in terms of an individual or class licence held by the third-party outsource
contractor, provided, that the natural person, juristic person or licensee must
remain liable under its licence and the outsource agreement must be subject to
the terms and conditions of such licence, this Act and the related legislation,
as applicable.
Directory services
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75. The Authority may prescribe or impose through licence conditions, as the case
may be, measures in respect of directories and directory enquiry services, regarding—
(a) the protection of personal data;
(b) the protection of privacy;
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(c) language preferences;
(d) the prevention of fraud;
(e) the prohibition of marketing and unfair trading practices;
(f) the provision of assistance to security services or other public safety officials;
(g) related charges;
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(h) the establishment of a national directory information database;
(i) the availability of a directory; and
(j) such other related matters as the Authority may determine.
Establishment of public emergency communications centres
76. (1) The Minister may by notice in the Gazette establish public emergency
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communications centres to be known as ‘‘112 Emergency Centres’’.
(2) A 112 Emergency Centre is a service by means of which a subscriber has the
ability to contact an emergency centre by dialling the numerals 112 in order to request
an emergency service.
(3) 112 Emergency Centres must be accountable to the Minister.