62 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 Notification of interconnection disputes 40. (1) A party to a dispute arising under an interconnection agreement that has been filed with the Authority may notify the Complaints and Compliance Committee in writing of the dispute and such dispute must be resolved, on an expedited basis, by the Complaints and Compliance Committee in accordance with the regulations prescribed 5 by the Authority. (2) A party who is seeking to exercise his or her rights under subsection (1) may, at any time, withdraw the notice in writing. (3) A decision by the Complaints and Compliance Committee concerning any dispute or a decision concerning a dispute contemplated in section 37(4)(c) is, in all respects, 10 effective and binding on the parties to the interconnection agreement unless an order of a court of competent jurisdiction is granted against the decision. Interconnection pricing principles 41. The Authority may prescribe regulations establishing a framework of wholesale interconnection rates to be charged for interconnection services or for specified types of 15 interconnection and associated interconnection services taking into account the provisions of Chapter 10. Carrier pre-selection 42. (1) The Authority must make regulations— (a) defining the electronic communications services subject to carrier preselection; and (b) establishing a framework in terms of which— (i) subscribers to an electronic communications service can access the electronic communications services of another electronic communications service licensee; and (ii) electronic communications network service licensees must make the necessary electronic communications facilities available for the implementation and proper functioning of carrier pre-selection. (2) The framework contemplated in subsection (1)(b) must be in force not later than 1 July 2006 and ensure that— (a) electronic communications network service licensees implement, operate and maintain the necessary electronic communications facilities to successfully implement carrier pre-selection— (i) in an efficient manner; (ii) without undue delay; and (iii) without discrimination; and (b) electronic communications service licensees honour subscriber requests to access the electronic communications services of another electronic communications service licensee on non-discriminatory terms and without delay. CHAPTER 8 20 25 30 35 40 ELECTRONIC COMMUNICATIONS FACILITIES LEASING Obligation to lease electronic communications facilities 43. (1) Subject to section 44(5) and (6), an electronic communications network service licensee must, on request, lease electronic communications facilities to any other person licensed in terms of this Act and persons providing services pursuant to a licence 45 exemption in accordance with the terms and conditions of an electronic communications facilities leasing agreement entered into between the parties, unless such request is unreasonable. (2) Where the reasonableness of any request to lease electronic communications facilities is disputed, the party requesting to lease such electronic communications 50 facilities may notify the Authority in accordance with the regulations prescribed in terms of section 44.