Electronic Communications Act, 2005 (Act No. 36 of 2005)Chapter 7 : Interconnection39. 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. |