NOVEMBER
GOVERNMENT
30
GAZETTE,
22889
18
No.
Act No. 64,2001
2001
TELECOMMUNICATIONS
AMENDMENT
ACT, 2001
(d) by the addition of the following subsections:
“(10) ( a ) Five years after the date on which an interconnection
agreement is concluded a party to that agreement may request the other
party or parties to promptly negotiate in good faith to modify or amend
some or all of the terms of such agreement.
5
(bj Subsections (1) to (6) and the regulations promulgated under this
section shall apply, with the necessary changes, in relation to any
proposed modification or amendment of any term or condition contemplated in paragraph (a).
(11) Interconnection rates and any agreement with regard thereto shall 10
be made public.”.
Amendment of section 44 of Act 103 of 1996
19. Section 44 of the principal Act is hereby amended(a) by the deletion of subsection (1);
(b) by the substitution for subsections (2), (3) and (4) of thefollowing
15
subsections, respectively:
“(2) Telkom and any other provider of apublic [fixed] switched
telecommunication service shall, when requested by any other person
providing a telecommunica.tion service, including a private telecommunication network, lease or otherwise make available telecommunication 20
facilities to such other person pursuant
to an agreement to be entered into
between the parties, unless such request is unreasonable.
(3) The provisions of section [43(l)(c), (d) and (e)] 43(l)(b)(i) and
(ii), (c) and (e) shall apply, -withthe necessary changes, in relation to any
request and agreement contemplated in [subsections (1) and] subsec- 25
tion (2).
(4) Every agreement for ‘theleasing [or otherwise making available]
of telecommunication facilities or resale, including any agreement
contemplated in [subsections (1) and] subsection (2), shall,unless
exempted by the regulations, be lodged by the parties with the Authority 30
to enable it to determine whether the agreement is consistent with the
guidelines contemplated in subsection ( 3 . ” ;
(c) by the addition to subsection (5) of thefollowingparagraph,theexisting
subsection becoming paragraph (a):
“(b)The guidelines contemplated in paragraph (a) may relate to35
(
i
J
resale, including the basis for determining wholesale and retail
tariffs; and
(uJ the manner in which telecommunication facilities are made
available.”; and
(d) by the substitution for subsection (7) of the following subsection:
40
“(7) u
(J In the application of section [43(l)(e)(iii)]43(l)(d)(iii) and
(4)(b) in relation to making the telecommunication facilities of [Telkom]
a public switched telecommunication servicelicenseeavailable
to
another person and where the Authority is satisfied that [Telkom]
holder of a public switched telecommunication servicelicenceis45
unwilling or unable to make suitable facilities available to that person
within a reasonable period of time, the Authority may, instead of
proposing terms and conditions as contemplated in section 43(4)(b),
authorise that person to provide or obtain any necessary telecommunication facilities otherthan from [Telkom] such holder on conditions 50
determined by the Authority, notwithstanding the provisions of sections
[37(2)(c),] 38(2), 40(2) and 41(2)(a) and this section.
(b) Subject to section 32,4(2) and (4), notwithstanding the guidelines
contemplated in subsection (5), no public switched telecommunication
service licencee shall be required to unbundle its local loop for the
period 55
of two years referred to in section 32A(2)(a) and (4).”.
Amendment of section 45 of Act 103 of I996
2!0. Section 45 of the principal Act is hereby arnended(a) by the substitution for subsection (2) of the following subsection: