NOVEMBER GOVERNMENT 30 GAZETTE, 22889 18 No. Act No. 64,2001 2001 TELECOMMUNICATIONS AMENDMENT ACT, 2001 (d) by the addition of the following subsections: “(10) ( a ) Five years after the date on which an interconnection agreement is concluded a party to that agreement may request the other party or parties to promptly negotiate in good faith to modify or amend some or all of the terms of such agreement. 5 (bj Subsections (1) to (6) and the regulations promulgated under this section shall apply, with the necessary changes, in relation to any proposed modification or amendment of any term or condition contemplated in paragraph (a). (11) Interconnection rates and any agreement with regard thereto shall 10 be made public.”. Amendment of section 44 of Act 103 of 1996 19. Section 44 of the principal Act is hereby amended(a) by the deletion of subsection (1); (b) by the substitution for subsections (2), (3) and (4) of thefollowing 15 subsections, respectively: “(2) Telkom and any other provider of apublic [fixed] switched telecommunication service shall, when requested by any other person providing a telecommunica.tion service, including a private telecommunication network, lease or otherwise make available telecommunication 20 facilities to such other person pursuant to an agreement to be entered into between the parties, unless such request is unreasonable. (3) The provisions of section [43(l)(c), (d) and (e)] 43(l)(b)(i) and (ii), (c) and (e) shall apply, -withthe necessary changes, in relation to any request and agreement contemplated in [subsections (1) and] subsec- 25 tion (2). (4) Every agreement for ‘theleasing [or otherwise making available] of telecommunication facilities or resale, including any agreement contemplated in [subsections (1) and] subsection (2), shall,unless exempted by the regulations, be lodged by the parties with the Authority 30 to enable it to determine whether the agreement is consistent with the guidelines contemplated in subsection ( 3 . ” ; (c) by the addition to subsection (5) of thefollowingparagraph,theexisting subsection becoming paragraph (a): “(b)The guidelines contemplated in paragraph (a) may relate to35 ( i J resale, including the basis for determining wholesale and retail tariffs; and (uJ the manner in which telecommunication facilities are made available.”; and (d) by the substitution for subsection (7) of the following subsection: 40 “(7) u (J In the application of section [43(l)(e)(iii)]43(l)(d)(iii) and (4)(b) in relation to making the telecommunication facilities of [Telkom] a public switched telecommunication servicelicenseeavailable to another person and where the Authority is satisfied that [Telkom] holder of a public switched telecommunication servicelicenceis45 unwilling or unable to make suitable facilities available to that person within a reasonable period of time, the Authority may, instead of proposing terms and conditions as contemplated in section 43(4)(b), authorise that person to provide or obtain any necessary telecommunication facilities otherthan from [Telkom] such holder on conditions 50 determined by the Authority, notwithstanding the provisions of sections [37(2)(c),] 38(2), 40(2) and 41(2)(a) and this section. (b) Subject to section 32,4(2) and (4), notwithstanding the guidelines contemplated in subsection (5), no public switched telecommunication service licencee shall be required to unbundle its local loop for the period 55 of two years referred to in section 32A(2)(a) and (4).”. Amendment of section 45 of Act 103 of I996 2!0. Section 45 of the principal Act is hereby arnended(a) by the substitution for subsection (2) of the following subsection: