| (a) |
The Authority must prescribe regulations to facilitate the conclusion of interconnection agreements by stipulating interconnection agreement principles. The regulations may include any regulations referred to in section 39. |
| (b) |
The regulations may include any regulations referred to in sections 39 and 41. |
[Section 38(1) substituted by section 20(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (2) |
Interconnection regulations and interconnection agreement principles must provide for a framework which may include a reference interconnection offer containing model terms and conditions for interconnection. |
| (3) |
The interconnection regulations and interconnection agreement principles may include, but are not limited to matters relating to— |
| (a) |
the time frame and procedure for— |
| (i) |
the negotiation of interconnection agreements; |
| (ii) |
the conclusion of an interconnection agreement; and |
| (iii) |
the technical implementation of the interconnection agreement; |
| (b) |
the quality, performance and level of service to be provided; |
| (c) |
subject to and in accordance with section 41, interconnection pricing principles; |
| (d) |
the provision of electronic communications facilities to establish points of interconnection; |
| (e) |
the sharing of technical information, including obligations imposed in respect of the disclosure of current and future electronic communications network planning activities; |
| (f) |
contractual dispute-resolution procedures; |
| (g) |
billing and settlement procedures; |
| (h) |
interconnection services such as support systems, calling line identification, signalling services, supervision, functionality, unbundling of interconnection services, fault reporting, co-operation in the event of faults and collocation; |
| (i) |
access and security arrangements; |
| (j) |
the framework for determining technical and economic feasibility and promotion of efficient use of the electronic communications networks and provision of services contemplated in section 37(3); |
[Section 38(3)(j) substituted by section 20(b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (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 |
[Section 38(3)(k) substituted by section 20(c) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (l) |
the manner in which interconnection services are to be unbundled and made separately available by licensees. |
| (4) |
Where the regulations require negotiations with an applicant as contemplated in subsection (3)(k), reference in this Chapter to a licensee seeking to interconnect must be considered to include a reference to an applicant. |
| (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). |
[Section 38(5) substituted by section 20(d) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (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(2) do not apply to such an interconnection agreement. |
[Section 38(6) substituted by section 20(d) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
Supreme Court Act, 1959
