No. 4378
Act No. 8, 2009
Government Gazette 16 November 2009
35
COMMUNICATIONS ACT, 2009
(a)
the terms and practices for interconnection may not vary depending on
the type of telecommunications service to be provided by the carrier
requesting interconnection and may not discriminate unjustifiably
between users of equivalent interconnection arrangements or similarly
situated users;
(b)
charges for interconnection services and facilities may not exceed the
carrier’s forward-looking incremental costs: Provided that the Authority
may order both parties to an interconnection arrangement to adopt
identical interconnection charges based on the demonstrated forwardlooking incremental costs of one of the providers if the Authority finds
that doing so would promote competition and the efficient provision of
interconnection services and facilities;
(c)
differences in charges between different users can be justified
only based on cost differences directly attributable to providing
interconnection for those users;
(d)
costs must be measured according to methods prescribed by the
Authority after following a rule-making procedure.
(12)
In order to allow a carrier to establish market share or to allow a carrier
to compete effectively with entrenched carriers, the Authority may after conducting a
hearing, determine interconnection fees that are more favourable to such carrier.
(13)
The Authority may prescribe benchmark charges for interconnection
which charges must subject to subsection (12), be determined in accordance with
international benchmarks on interconnection and subject to the principles set out in
subsection (11).
(14)
A carrier must charge the benchmark fees prescribed in terms of
subsection (13), unless it can prove to the Authority that its forward-looking incremental
costs will exceed the benchmark fees prescribed in terms of subsection (13).
(15)
All carriers must provide reasonable notice to every other carrier whose
network is interconnected with its network of changes in the information necessary for
transmitting and routing services using its facilities or networks, as well as, of any other
changes that affect the interoperability of those facilities and networks.
(16)
Any carrier who is a party to an interconnection agreement with
licensees authorised by foreign countries must submit all such agreements to the
Authority –
(a)
in the case of an agreement concluded before the commencement of
this Act, within 90 days from the date of commencement of this Act;
(b)
in the case of an agreement concluded after the commencement of this
Act, within 90 days from the conclusion of the agreement concerned.
(17)
If an agreement referred to in subsection (16), in the opinion of the
Authority, has the effect of impairing competition or the interoperability of the networks
of different carriers, the Authority may after holding a hearing impose obligations upon
a carrier who is a party to such agreement which would have the effect of remedying
such impairment.