38
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
PART 3
TARIFFS AND ACCOUNTING
Rates and tariffs
53.
(1)
Subject to subsection (2), (3), (4) and (6) all rates and charges
received in respect of any telecommunications service that may only be provided with an
individual licence or a prescribed class licence, must be in accordance with a tariff filed
and permitted to come into operation in accordance with the provisions of this section:
Provided that the Authority may prescribe services for which the filing of a tariff is not
necessary if in its opinion, there is competition in the market for the provision of those
services.
(2)
Subsection (1) does not apply to a temporary reduction in any rates
charged by a licensee if –
(a)
such rates do not apply for a period longer than three months;
(b)
such rates are for promotional or advertising purposes only; and
(c)
all relevant particulars relating to the rates concerned are given to the
Authority no later than the date on which the fact that special rates will
be charged are made known to the general public.
(3)
Subsection (1) does not apply in respect of any rates or charges payable
in respect of any interconnection arrangement between two licensees.
(4)
A tariff filed in terms of this section may provide that specified classes
of services to specified classes of customers will not be subject to that tariff.
(5)
Every contract concluded for the provision of services that are not
subject to a tariff as contemplated in subsection (4), must be filed with the Authority
which has the power to deal with such contract as if it were an interconnection
agreement.
(6)
Every licensee must within six months from the commencement of this
Act, file a tariff with the Authority in accordance with the provisions of this section.
(7)
If a licensee wishes to amend a tariff applicable to it, or wishes to use
a new tariff, it must file a new or amending tariff in the prescribed manner with the
Authority for the approval thereof.
(8)
Any tariff or amendment of a tariff must state the date on which the
tariff or amendment comes into operation, which date may not be less than 60 days (or
such shorter period as the Authority may prescribe for specific classes of service)from
the date of the filing referred to in subsection (7).
(9)
Tariffs must contain all pertinent information concerning rates and
charges for services, including all deposits, non-recurring charges and monthly
charges, as well as all terms and conditions applicable to the provision of services by
the corresponding licensee, including rights and remedies available to customers in the
event of unauthorised charges or other disputes or claims over billing or the provision of
services, and any other information requested by the Authority pursuant to this section.