No. 4378
Act No. 8, 2009
Government Gazette 16 November 2009
39
COMMUNICATIONS ACT, 2009
(10)
Notice of the filing of a tariff must be published by the Authority in the
Gazette , and after such tariff has come into operation, the full text of the tariff must be
made available in terms of section 27.
(11)
Licensees may withdraw a tariff after filing prior to the Authority’s
decision on the tariff.
(12)
Subject to subsection (13), after notice of the tariff filing is published,
a tariff must be permitted to come into operation automatically upon the date specified
as its date of commencement, unless it does not comply with subsection (19).
(13)
The Authority may postpone the date of commencement of a tariff
before it has come into operation, for a period not exceeding 90 days, to examine the
reasonableness of the tariff.
(14)
If the Authority finds that there are grounds for rejecting the tariff as
contemplated in subsection (19), before it comes into operation, it may partially or
totally reject the tariff or approve that tariff on condition that specified amendments are
made to the tariff concerned.
(15)
If a tariff is rejected, the Authority may require that prior rates remain in
effect, or it may determine temporary rates to be in effect until a new tariff is proposed
by the licensee and permitted to come into operation.
(16)
At any time after a tariff has come into operation, upon receiving
evidence that there are grounds for rejecting the tariff as contemplated in subsection
(19), the Authority may investigate its reasonableness which investigation must be
concluded within five months.
(17)
If after an investigation referred to in subsection (16), the Authority
finds that there are grounds for rejecting the tariff as contemplated in subsection (19),
it may require that prior rates be applied or it may determine temporary rates and any
other temporary measures consistent with the provisions of this Act to be in effect until
a new tariff is proposed by the licensee and permitted to take effect or the Authority may
order refunds to customers consistent with its findings.
(18)
Tariff filings must be accompanied by all such accounting and cost
information as the Authority may require, and must comply with all other requirements
prescribed by the Authority.
(19)
The Authority may reject a tariff or part thereof if it will promote the
objects of this Act and –
(a)
it is unreasonable;
(b)
it does not conform to the terms and conditions stipulated in the licence
issued to the licensee concerned;
(c)
it does not comply with regulations made in terms of subsection (20);
(d)
it is unreasonably discriminatory;
(e)
it has the effect of impairing competition;