8 No. 22889 Act No. 64,2001 GOVEFWMENT GAZETTE. 30 NOVEMBER 2001 TELECOMMUNICATIONS AMENDMENT ACT, 2001 (6) Within six months after thedatethe second national operator is granted apublic switched telecommunic,ations service licence, or such longer period as the Minister may determine, Telkom may apply to the Authority for a third genteration telecommunication radio frequency spectrum licence to provide public switched telecommunication services, and such otherservices as Telkom, from time-to-time, is licensed to provide. (c)The Authority shall issue to the second national operator and Telkom a third generation telecommunication radio frequency spectrum licence contemplated in paragraph (u) or (b), as the case may be(i) against the payment of such fees, to be payable over a period, as the Minister shall determine by notice in the Gazette; and (ii) subject to such conditions as the Authority may specify in that licence. (d) For purposes of paragraph (c)(i), the Minister may specify by notice in the Gazette a multiple payment schedule pursuant to which the second national operator and Telkom, respectively, shall make payment and the terms and conditions of such payment. (3) (a) Holders of a third generation telecommunication radio frequency spectrum licence shallco-ordinate, in good faith, their respective frequency usage with other such licensees to(i) avoid harmful interference among licensees; (ii) ensure efficient use of any applicable frequency band; and (iii) allow for the provision (of cost-efficient services. (b)The Authority may prescribe regulations governing the co-ordination contemplated in paragraph(a), which may include a process for the speedy resolution of disputes among licensees. (4) In determining the fees contemplated in subsections (l)jb)(i) and (2)(c)(i), the Minister shall take into account(i) MHz pair per population per licence year; (ii) provision of paired or unpaired spectrum; (iii) technical and administrative cost of spectrum management, including projected costs for Authority involvement in frequency co-ordination contemplated in subsection (3); and (iv) any other matter that is (consistentwith section 2.”. 32A, 32B and 32C Insertion of sections 5 10 15 20 25 30 in Act 103 of’1996 3s 6. The following sections are hereby inserted in the principal Act after section 32: “Holders of public switched telecommunication services licences and granting of further licences 32A. (1) From 7 May 20Cl2 until 7 May 2005 Telkom and the second national operator shall be the: holders of public switched telecommunica- 40 tion service licences. (2) (a) For a periodof two years after the date of commencement of the public switched telecommunication service licence thesecond national operator may use Telkom’s facilities on a resale basis in accordance with agreements concluded between the parties for the purposes of providing 45 public switched telecommunication services. (b) The agreements contemplated in paragraph (a) becomeeffective within 60 days of the issuing of the public switched telecommunication service licence to the second national opera.tor. (3) Where Telkom and the second national operator fail to conclude so agreements contemplated in subsection (2), or after the parties have negotiated in good faith and used their reasonable endeavours to resolve disputes relating to such agreements, either party may request theAuthority in writing to resolve all outstanding issues. (4) (a) Where the Authority receives, a request contemplated in subsection (3),it shall, within 30 days of that request, determine the terms and conditions of the agreement in a manner consistent with this Act. ~