68 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 45(3) and (4) do not apply to any such electronic communications facilities leasing agreement. (7) Despite a finding of significant market power, for purposes of promoting investment in new fibre electronic communications networks, the Authority may exempt an electronic communications network service licensee from the obligation to lease fibre loops and sub-loops serving residential premises if the electronic communications network service licensee meets the following requirements: (a) The new fibre loops and sub-loops, as applicable, have been, or will be, constructed and placed in operation after the coming into force of this Act; (b) the new fibre loops and sub-loops, as applicable, are, or will be— (i) constructed in, and serve, a geographic area that, at the time of construction, is not then served by the electronic communications network service licensee and such electronic communications network service licensee has no obligation to serve such geographic area; or (ii) constructed in, and serve, a geographic area that, at the time of construction, is then served by the electronic communications network service licensee and such electronic communications network service licensee maintains and continues to support its existing electronic communications facilities in the geographic area and to make such existing electronic communications facilities available for lease in accordance with the obligations under this Chapter and electronic communications facilities leasing regulations; and (c) the electronic communications network service licensee has not entered into any exclusive arrangement with the owner of the property, local authority or any other person or persons exercising control over the geographic area or parts thereof barring or impeding the construction of competing electronic communications networks in the geographic area. 5 10 15 20 25 Filing of electronic communications facilities leasing agreements 45. (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) The Authority must publish electronic communications facilities leasing agreements submitted in terms of subsection (1). (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. 30 35 40 45 50