84 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (7) The Authority may, whenever the Authority considers it necessary in view of the developments in broadcasting technology or for the purposes of advancing the objects and principles enunciated in section 2, institute and conduct a public inquiry and make recommendations to the Minister regarding amendment of any of the provisions of 5 subsections (1) to (6). (8) The recommendations contemplated in subsection (7) must be tabled in the National Assembly by the Minister within 14 days of receipt thereof if the National Assembly is then in session, or if the National Assembly is not in session, within 14 days after the commencement of its next ensuing session. (9) A determination made in terms of subsection (1), whether or not pursuant to an 10 inquiry by the Authority, is not applicable to, and is not enforceable against, any broadcasting service licensee to which such determination relates for the duration of the term of the licence valid at the time such determination is made, but becomes applicable to, and enforceable against, such a broadcasting service licensee only upon the renewal 15 of its licence upon the expiration of such term. CHAPTER 10 COMPETITION MATTERS Competition matters 67. (1) Where the Authority determines that the holder of a licence under this Act or a person providing a service pursuant to a licence exemption has engaged in an act or intends to engage in any act that is likely to substantially prevent or lessen competition by, among other things,— (a) giving an undue preference to; or (b) causing undue discrimination against, any other licensee or person providing a service pursuant to a licence exemption, the Authority may direct the licensee, by written notice, to cease or refrain from engaging in such act. (2) The Authority must prescribe regulations— (a) setting out what actions in terms of subsection (1) would be considered by the Authority as giving undue preference to or causing undue discrimination against another licensee or person providing a service pursuant to a licence exemption; (b) detailing procedures for complaints and the monitoring and investigation of such actions that ensure the protection of the interests of consumers; (c) indicating the penalties that may be imposed for failure to comply with a written notice to cease or refrain from taking such actions as prescribed in terms of subsection (2)(a). (3) The regulations prescribed in terms of subsection (2) must specify that— (a) the Authority may refrain in whole or in part from the exercise of any power or the performance of any function under subsection (1) where the Authority finds, as a question of fact, that to refrain would be consistent with South African electronic communications and broadcasting policy objectives contained in section 2; (b) no ruling may be made unless, as a question fact, the Authority is satisfied that the service or class of services in question, is or will be subject to competition sufficient to protect the interests of users; and (c) the Authority must not make a ruling if the Authority finds, as a question of fact, that to refrain would be likely to impair the establishment or continuance of a competitive market for that service or class of service. (4) The Authority must prescribe regulations defining the relevant markets and market segments, as applicable, that pro-competitive conditions may be imposed upon licensees having significant market power where the Authority determines such markets or market segments have ineffective competition. The regulations must, among other things— 20 25 30 35 40 45 50