24
(b) All electronic communications network services licensees receiving requests contemplated in paragraph (a) are required to agree on
non-discriminatory terms and conditions of a facilities leasing agreement
for those essential facilities within 20 days of receiving the request.
(c) If the electronic communications network licensee can prove that 5
the request is not technically or economically feasible within the 20 day
period the electronic communications network services licensee may
refuse the request.
(d) If no agreement regarding the non-discriminatory terms and
conditions contemplated in paragraph (b) can be reached, the Authority 10
must impose terms and conditions consistent with this Chapter within 20
days of receiving notification of the failure to reach an agreement.’’; and
(d) by the substitution for subsection (11) of the following subsection:
‘‘(11) Any exclusivity provision contained in any agreement or other
arrangement that is prohibited under subsection (10) is invalid from a 15
date [to be determined by the Minister after consultation with
relevant parties] one year after the commencement of the Electronic
Communications Amendment Act, 2014.’’.
Amendment of section 44 of Act 36 of 2005
23. Section 44 of the principal Act is hereby amended—
(a) by the substitution in subsection (3) for paragraph (k) of the following
paragraph:
‘‘(k) the framework for determining technical and [financial] economic
feasibility and promotion of efficient use of electronic communications networks and provision of services contemplated in section
43(4);’’; and
(b) by the substitution for subsections (5) and (6) of the following subsections,
respectively:
‘‘(5) The electronic communications facilities leasing regulations may
include a framework for the exemption (in whole or in part) of electronic
communications network service licensees that have less than 25%
market share from the obligation to lease electronic communications
facilities in terms of section 43(1).
(6) Where a licensee is exempt from the obligation to lease electronic
communications facilities in terms of subsection (5) and such exempted
licensee enters into [a] an electronic communications facilities leasing
agreement with another exempted licensee, or a person providing
services pursuant to a licence exemption, section 43(7) and section
[45(3) and (4)] 45(2) and (7) do not apply to any such electronic
communications facilities leasing agreement.’’.
20
25
30
35
40
Amendment of section 45 of Act 36 of 2005
24. Section 45 of the principal Act is hereby amended by the deletion of subsection
(3).
Substitution of section 55 of Act 36 of 2005
25. The following section is hereby substituted for section 55 of the principal Act:
45
‘‘Control over advertisements
55. (1) All broadcasting service licensees must adhere to the Code of
Advertising Practice (in this section referred to as the Code) as from time to
time determined and administered by the Advertising Standards Authority
of South Africa and to any advertising regulations prescribed by the 50
Authority in respect of scheduling of adverts, infomercials and programme
sponsorships.