24 (b) All electronic communications network services licensees receiving requests contemplated in paragraph (a) are required to agree on non-discriminatory terms and conditions of a facilities leasing agreement for those essential facilities within 20 days of receiving the request. (c) If the electronic communications network licensee can prove that 5 the request is not technically or economically feasible within the 20 day period the electronic communications network services licensee may refuse the request. (d) If no agreement regarding the non-discriminatory terms and conditions contemplated in paragraph (b) can be reached, the Authority 10 must impose terms and conditions consistent with this Chapter within 20 days of receiving notification of the failure to reach an agreement.’’; and (d) by the substitution for subsection (11) of the following subsection: ‘‘(11) Any exclusivity provision contained in any agreement or other arrangement that is prohibited under subsection (10) is invalid from a 15 date [to be determined by the Minister after consultation with relevant parties] one year after the commencement of the Electronic Communications Amendment Act, 2014.’’. Amendment of section 44 of Act 36 of 2005 23. Section 44 of the principal Act is hereby amended— (a) by the substitution in subsection (3) for paragraph (k) of the following paragraph: ‘‘(k) the framework for determining technical and [financial] economic feasibility and promotion of efficient use of electronic communications networks and provision of services contemplated in section 43(4);’’; and (b) by the substitution for subsections (5) and (6) of the following subsections, respectively: ‘‘(5) The electronic communications facilities leasing regulations may include a framework for the exemption (in whole or in part) of electronic communications network service licensees that have less than 25% market share from the obligation to lease electronic communications facilities in terms of section 43(1). (6) Where a licensee is exempt from the obligation to lease electronic communications facilities in terms of subsection (5) and such exempted licensee enters into [a] an electronic communications facilities leasing agreement with another exempted licensee, or a person providing services pursuant to a licence exemption, section 43(7) and section [45(3) and (4)] 45(2) and (7) do not apply to any such electronic communications facilities leasing agreement.’’. 20 25 30 35 40 Amendment of section 45 of Act 36 of 2005 24. Section 45 of the principal Act is hereby amended by the deletion of subsection (3). Substitution of section 55 of Act 36 of 2005 25. The following section is hereby substituted for section 55 of the principal Act: 45 ‘‘Control over advertisements 55. (1) All broadcasting service licensees must adhere to the Code of Advertising Practice (in this section referred to as the Code) as from time to time determined and administered by the Advertising Standards Authority of South Africa and to any advertising regulations prescribed by the 50 Authority in respect of scheduling of adverts, infomercials and programme sponsorships.