| (1) |
Any natural person, juristic person or licensee who contravenes or fails to comply with any licence condition contained in the licence, is guilty of an offence and is liable on conviction to the penalties set out in subsection (2). |
| (2) |
Any natural person, juristic person or licensee who contravenes or fails to materially comply with any specific terms and conditions contained in the licence relating to construction or placing into service of electronic communications facilities or electronic communications networks, is guilty of an offence and upon conviction, such natural person, juristic person or licensee must outsource— |
| (b) |
placing into service, |
of the electronic communications facilities or electronic communications networks, or parts thereof, that are the subject of the contravention or failure to comply, by entering into one or more agreements with a third-party engaging such person to build or operate the electronic communications facilities or electronic communications networks in accordance with the specific terms and conditions contained in the licence.
| (3) |
The agreements contemplated in subsection (2) are subject to the following: |
| (a) |
The natural person, juristic person or licensee must enter into the outsource agreement within (90) ninety days of a finding of a contravention or failure to comply with the terms and conditions of the licensee; and |
| (b) |
The particular electronic communications facilities or electronic communications networks must be constructed and placed in operation as soon as practicable after conclusion of the outsource agreement subject to oversight and review by the Authority. |
| (4) |
In the case of unwillingness or inability of the licensee to negotiate or agree on the terms and conditions of the outsource agreement, within the period specified in subsection (3)(a), the Authority may— |
| (a) |
impose terms and conditions consistent with the specific terms and conditions contained in the licence, this Act and the related legislation, as applicable; or |
| (b) |
propose terms and conditions, which, subject to negotiations among the parties, must be agreed to by the parties within the period specified in subsection (3)(a). |
| (5) |
The construction or placing into service of the electronic communications facilities or electronic communications networks, or parts thereof, contemplated in subsection (2) may be undertaken by— |
| (a) |
the third-party outsource contractor under the authority of the licence held by the natural person, juristic person or licensee that is a party to the outsource agreement; or |
| (b) |
in terms of an individual or class licence held by the third-party outsource contractor, provided, that the natural person, juristic person or licensee must remain liable under its licence and the outsource agreement must be subject to the terms and conditions of such licence, this Act and the related legislation, as applicable. |
Supreme Court Act, 1959
