GO\,NOVEMBER
ERNMENT
GAZETTE,
200
30
No. 22859
1
17
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TELECOMlMUNICATIONS AMENDMENT ACT,
2001
Act No. 64,2001
( b ) The entity contemplated in paragraph ( a ) shall(ij be referred to as “Maritime andAeronautica1 Radio Services”; and
(ii) be deemed to havebeengranteda
private telecommunications
network licence.”.
Amendment of section 43 of Act 103 of 1996
5
18. Section 43 of the principal Act is hereby amended(a) by the substitution for subsection (1) of the following subsection:
“(I) (a) Anypublic switchedtelecommunicationservicelicensee
shall, when requested by any other person providing telecommunication
services, interconnect its telecommunication systems to
the telecommunication system of the other person, in accordance with the terms and
conditions of an interconnection agreement entered into
between the
parties, unless such request i:; unreasonable.
(b)For the purposes of paragraph (a),a request is reasonable
where the
Authority determines that the requestedinterconnection(i) istechnicallyfeasible;
(ii) will promote the efficient use of the public switched telecommunication network;
(iii) can be implemented on a reciprocal basis between the parties.
(c)An agreement contemplated in paragraph( a ) shall be entered into
within the prescribed period or such extended period as the Authority
may allow in any particular case.
(d) The parties concerned :shall, unless exempted by regulation(i) notify the Authority if any request contemplated in paragraph(a) is
made;
(ii) where the reasonableness of any such request is disputed, refer the
dispute to the Authority for its decision;
(iii) where the parties are unwilling or unable to negotiate or agree on
termsandconditions
within the period or extended period
contemplated in paragraph (c), submit all outstanding issuesto the
Authority for resolution.,”;
(b) by the substitution in subsection (4)for paragraphs
(a) and (b)of the following
~paragraphs, respectively:
“(a)in the case of a dispute relatingto reasonableness as contemplated in
subsection (l)(d)(ii), make a determination taking into
consider- 35
ation the factorsreferredtoinsubsection(l)(b),
andany other
relevant factor;
(b) in the case of unwillingness or inabilityby the parties to negotiate or
agree on the terms and conditions
of interconnections, the Authority
40
may(i) impose terms and conditions in accordance withguidelines
the
contemplated in subsection (3); or
(ii) propose terms and conditions in accordance
with the guidelines Contemplated in subsection (3) which, subject to renegotiations, shall be agreed to by the parties within suchperiod as 45
the Authority may y~ecify.”;
(c) by thesubstitutionin
subsection (5) forparagraph ( b ) of thefollowing
paragraph:
“(b)Where the Authority determines that
any terms and conditions are
not consistent with the guidelmes contemplated
in subsection ( 3 ) ,it may 50
direct the parties to [negotiate] renegotiate and agree onnew terms and
conditions within such period as the Authority may specify, or itself
proposetermsandconditionsconsistent
with thoseguidelinesand
which, subject to renegotiation, shall be agreed by the parties
within such
period as it may specify, and the provisions of subsection [(l>(e)(iii)l 55
(l)(d)(iii) and (4)(b) shall apply with the necessary changes.”; and
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