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Exclusive licence
18. The Authority may grant an exclusive licence in terms of the Act,
Agreements with foreign telecommunications carriers
19. (1) Any agreement between a licensed operator or provider of telecommu
nications services and a foreign correspondent telecommunication carrier, togeth
er with an application requesting the approval of the Authority, shall be submitted
to the Authority for its review and approval within 2 months of coming into effect
of the Rules.
(2) Any proposed agreement may be submitted to the Authority in advance
of its execution with an application stating the terms and conditions of the pro
osed agreement in detail and requesting the Authority’s approval.
(3) The agreements and proposed agreements contemplated in subregula
tions (1) and (2) are entitled to confidential treatment by the Authority.
(4) Agreements between licensed operators or providers of telecommunica
tions services and foreign correspondent telecommunications carriers that are lim
ited to the establishment of an exchange for the reciprocal carriage of internation
al telecommunications traffic are entitled to fasttrack approval and the Authority
is deemed to have given its approval to the Agreement if it takes no action within
30 days.
(5) Applications for the Authority’s approval of agreements with foreign
correspondent telecommunications carriers must state the reasons why the terms
and conditions of such agreements will not have an adverse impact on competition
or the objectives of the Act.
(6) Agreements which are exempt from the prior approval provisions of sec
tion 34 of the Act, but which in any event remain subject to the Authority’s author
ity to require the submission of information, include –
(a)
(b)
(c)
(d)
procurement agreements;
individual subscriber agreements;
employment agreement; and
commercial agreements relating to matters other than telecom
munications.