Electronic Communications Act, 2005 (Act No. 36 of 2005)Chapter 8 : Electronic Communications Facilities Leasing45. 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. |