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

Chapter 8 : Electronic Communications Facilities Leasing

45. Filing of electronic communications facilities leasing agreements

 

(1) An electronic communications facilities leasing agreement must be in writing and must be submitted to the Authority.

 

(2) Electronic communications facilities leasing agreements are effective and enforceable upon being filed with the Authority in the prescribed manner unless an order of a court of competent jurisdiction is granted against such agreement or the Authority provides the parties with written notice of non-compliance in terms of subsection (6).

 

(3) [Section 45(3) deleted by section 24 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

 

(4) 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 electronic communications facilities leasing agreement.

 

(5) The Authority must review electronic communications facilities leasing agreements submitted in terms of subsection (1) to determine whether such agreements are consistent with the regulations prescribed.

 

(6) Where the Authority determines that any term or condition of an electronic communications facilities leasing 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.

 

(7) The parties must, upon reaching agreement and amending the non-complying terms and conditions of the electronic communications facilities leasing agreement, submit the amended agreement to the Authority for consideration and review.

 

(8) The provisions of subsections (5) and (6) apply, with the necessary changes, to such consideration and review of the amended agreement by the Authority.