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comparable network services provided by such licensee to itself or to an
affiliate.’’.
Amendment of section 38 of Act 36 of 2005
20. Section 38 of the principal Act is hereby amended—
(a) by the substitution for subsection (1) of the following subsection:
‘‘(1) (a) The Authority must prescribe regulations to facilitate the
conclusion of interconnection agreements by stipulating interconnection
agreement principles.
(b) The regulations may include any regulations referred to in [section
39] sections 39 and 41.’’;
(b) by the substitution in subsection (3) for paragraph (j) of the following
paragraph:
‘‘(j) the framework for determining technical and [financial] economic
feasibility and promotion of efficient use of the electronic communications networks and provision of services contemplated in
section 37(3);’’;
(c) by the substitution in subsection (3) for paragraph (k) of the following
paragraph:
‘‘(k) the requirement that a licensee negotiate and enter into an
interconnection agreement with an applicant for an individual
licence or registrant of a class licence; and’’; and
(d) by the substitution for subsections (5) and (6) of the following subsections,
respectively:
‘‘(5) The interconnection regulations may include a framework for the
exemption (in whole or in part) of licensees that have less than 25%
market share from the obligation to interconnect under section 37(1).
(6) Where a licensee is exempt from the obligation to interconnect in
terms of subsection (5) and such exempted licensee enters into an
interconnection agreement with another exempted licensee, or a person
providing services pursuant to a licence exemption, sections 37(6) and
[39(3) and (4)] 39(2) do not apply to such an interconnection
agreement.’’.
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Amendment of section 42 of Act 36 of 2005
21. Section 42 of the principal Act is hereby amended by the substitution in subsection
(2) for the words preceding paragraph (a) of the following words:
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‘‘The framework contemplated in subsection (1)(b) must [be in force not later
than 1 July 2006 and] ensure that—’’.
Amendment of section 43 of Act 36 of 2005
22. Section 43 of the principal Act is hereby amended—
(a) by the substitution in subsection (4) for paragraph (a) of the following
paragraph:
‘‘(a) is technically and [financially] economically feasible; and’’;
(b) by the substitution for subsection (7) of the following subsection:
‘‘(7) The lease of electronic communications facilities by an electronic
communications network service licensee in terms of subsection (1)
must, unless otherwise requested by the leasing party, be nondiscriminatory as among comparable types of electronic communications facilities being leased and not be of a lower technical standard and
quality than the technical standard and quality provided by such
electronic communications network service licensee to itself or to an
affiliate or in any other way discriminatory compared to the comparable
network services provided by such licensees to itself or an affiliate.’’;
(c) by the insertion after subsection (8) of the following subsection:
‘‘(8A) (a) Requests for leasing of essential facilities are deemed to
promote efficient use of electronic communication networks and
services.
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