60 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (e) the sharing of technical information, including obligations imposed in respect of the disclosure of current and future electronic communications network planning activities; (f) contractual dispute-resolution procedures; (g) billing and settlement procedures; (h) interconnection services such as support systems, calling line identification, signalling services, supervision, functionality, unbundling of interconnection services, fault reporting, co-operation in the event of faults and collocation; (i) access and security arrangements; (j) the framework for determining technical and financial feasibility and promotion of efficient use of the electronic communications networks and provision of services contemplated in section 37(3); (k) the requirement that a licensee negotiate and enter into an interconnection agreement with an applicant for an individual licence; and (l) the manner in which interconnection services are to be unbundled and made separately available by licensees. (4) Where the regulations require negotiations with an applicant as contemplated in subsection (3)(k), reference in this Chapter to a licensee seeking to interconnect must be considered to include a reference to an applicant. (5) The interconnection regulations may exempt (in whole or in part) licensees from the obligation to interconnect under section 37(1) where the Authority has not found such licensees to have significant market power in the relevant market or market segment in terms of Chapter 10. (6) Where a licensee is exempt from the obligation to interconnect in terms of subsection (5) and such exempted licensee enters into an interconnection agreement with another exempted licensee, or a person providing services pursuant to a licence exemption, sections 37(6) and 39(3) and (4) do not apply to such an interconnection agreement. 5 10 15 20 25 Filing of interconnection agreements 39. (1) An interconnection agreement must be in writing and must be submitted to the Authority. (2) An interconnection agreement becomes effective and enforceable upon filing with the Authority in the prescribed manner, unless— (a) an order of a court of competent jurisdiction is granted against such agreement; or (b) the Authority provides the parties with written notice of non-compliance in terms of subsection (5). (3) 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 interconnection agreement and the rates and charges contained in such agreement. (4) The Authority must review an interconnection agreement submitted in terms of subsection (1) to determine whether the agreement is consistent with the regulations prescribed. (5) Where the Authority determines that any term or condition of an interconnection 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. (6) The parties must, upon reaching agreement and amending the non-complying terms and conditions of the interconnection agreement, submit the amended agreement to the Authority for consideration and review. (7) The provisions of subsections (4) and (5) apply, with the necessary changes, to the consideration and review of the amended agreement by the Authority. 30 35 40 45 50