90 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (c) Where, on the basis of such review, the Authority determines that the licensee to whom pro-competitive conditions apply continues to possess significant market power in that market or market segment, but due to changes in the competitive nature of such market or market segment the pro-competitive conditions are no longer proportional in accordance with subsection (7), the 5 Authority must modify the applicable pro-competitive conditions applied to that licensee to ensure proportionality. (9) Subject to the provisions of this Act, the Competition Act applies to competition matters in the electronic communications industry. (10) The Authority is, for the purposes of the Competition Act, a regulatory authority 10 defined in section 1 of that Act. (11) The Authority may ask for and receive from the Competition Commission, assistance or advice on relevant proceedings of the Authority, including proceedings under this Chapter. (12) The Competition Commission may ask for and receive from the Authority, 15 assistance or advice on relevant proceedings of the Competition Commission. CHAPTER 11 NUMBERING Numbering plans and number portability 68. (1) The Authority must make regulations prescribing— (a) a numbering plan which must be amended and updated as the Authority considers necessary— (i) for efficient use and allocation of numbers; and (ii) to accommodate the varied protocols used and services provided by licensees under this Act; and (b) measures to ensure that number portability is introduced in 2005 or soon thereafter, as far as is practicably possible, including— (i) the creation of a national number portability database; and (ii) cost allocation and cost recovery among licensees. (2) A numbering plan must consist of a scheme of identification so as to ensure that electronic communications are correctly and efficiently directed to the point of reception for which they are intended. (3) Subject to subsection (7), the Authority must, in preparing a numbering plan, take account of existing numbering plans or schemes. (4) The numbering plan contemplated in subsection (1)(a) must be non-discriminatory. (5) The Authority must maintain and manage a central numbering database system. (6) Every individual electronic communications service licensee and individual electronic communications network service licensee, as applicable, must submit information on all numbers, including numbers of pre-paid subscribers allocated in terms of its licence, to the Authority. (7) The regulations made in terms of subsection (1) must include matters relating to— (a) the fees licensees must pay for the allocation of numbers to recover administration costs; (b) the conditions under which a licensee may be required to surrender unused numbers to the Authority for reallocation; (c) the allocation of responsibility between electronic communications service licensees and electronic communications network service licensees for the implementation of the numbering plan and number portability to— (i) ensure effective functionality; (ii) ensure access and routing within electronic communications networks; and (iii) allow licensees to assign numbers to subscribers and transfer numbers when subscribers change services in an efficient manner without unreasonable delay or disruption of service; 20 25 30 35 40 45 50 55