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Electronic Communications Act, 2005 (Act No. 36 of 2005)

Chapter 7 : Interconnection

39. Filing of interconnection agreements

 

(1) An interconnection agreement must be in writing and must be submitted to the Authority.

 

(2) An interconnection agreement becomes effective and enforceable upon filing with the Authority in the prescribed manner, unless—
(a) an order of a court of competent jurisdiction is granted against such agreement; or
(b) the Authority provides the parties with written notice of non-compliance in terms of subsection (5).

 

(3) The Authority must, at the request of any person and on payment of such fee as may be prescribed, furnish that person with a copy of any interconnection agreement and the rates and charges contained in such agreement.

 

(4) The Authority must review an interconnection agreement submitted in terms of subsection (1) to determine whether the agreement is consistent with the regulations prescribed.

 

(5) Where the Authority determines that any term or condition of an interconnection agreement is not consistent with the regulations, the Authority must in writing—
(a) notify the parties of the non-complying terms and conditions; and
(b) direct the parties to agree on new terms and conditions consistent with the regulations.

 

(6) The parties must, upon reaching agreement and amending the non-complying terms and conditions of the interconnection agreement, submit the amended agreement to the Authority for consideration and review.

 

(7) The provisions of subsections (4) and (5) apply, with the necessary changes, to the consideration and review of the amended agreement by the Authority.