Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsInterconnection Regulations, 2010Part V16. Dispute resolution |
| 1) | Where: |
| a) | the reasonableness of any request is disputed, the party requesting interconnection may notify the Authority in accordance with regulation 16 of these regulations; |
| b) | an interconnection provider has not responded to the request for interconnection within the time set out in regulation 3(2) of these regulations, the interconnection seeker may notify the dispute to the Authority; |
| c) | parties have not reached agreement on the terms and conditions of an interconnection agreement within the time prescribed in regulation 3(3) of these regulations, any party may notify a dispute to the Authority; |
| 2) | A dispute notified to the Authority in terms of regulation 16(1) of these regulations, must be in writing and must set out the details of the alleged dispute; |
| 3) | The party lodging the dispute must provide the Authority with sufficient information to allow it to make its decision. |
| 4) | Where the Authority, after considering all relevant information, determines that the dispute warrants further investigation then the Authority shall: |
| a) | provide the other party to the dispute with a copy of the complaint setting out the nature of the alleged unreasonableness or details of the unwillingness to negotiate or agree within fourteen (14) days of the notification of the dispute; |
| b) | afford the other party to the dispute with a reasonable opportunity to respond to the allegations in writing within fourteen (14) days of receipt of the copies of the complaint referred to in regulation 16(4)(a) of these regulations; and |
| c) | afford the party which notified the dispute a reasonable opportunity to reply to the response in writing within fourteen (14) days of receipt thereof. |
| 5) | The Authority may call for oral representations after the submissions made by the parties referred to in regulation 16(4) of these regulations; |
| 6) | Notwithstanding the provisions of regulation 16(5) of these regulations, the Authority may determine the matter on the basis of the papers submitted to it by the parties. |
| 7) | The Authority will within fourteen (14) days as provided for in regulation 4(b), or 4(c) of these regulations or such longer period as is reasonably necessary, furnish the parties to the dispute with its final decision; and |
| 8) | Regulation 16 of these regulations does not, in any manner, limit the power of the Authority to refer a matter to the Complaints and Compliance Committee in terms section 37(4)(c) of the Act. |
