GO\,NOVEMBER ERNMENT GAZETTE, 200 30 No. 22859 1 17 ~~ TELECOMlMUNICATIONS AMENDMENT ACT, 2001 Act No. 64,2001 ( b ) The entity contemplated in paragraph ( a ) shall(ij be referred to as “Maritime andAeronautica1 Radio Services”; and (ii) be deemed to havebeengranteda private telecommunications network licence.”. Amendment of section 43 of Act 103 of 1996 5 18. Section 43 of the principal Act is hereby amended(a) by the substitution for subsection (1) of the following subsection: “(I) (a) Anypublic switchedtelecommunicationservicelicensee shall, when requested by any other person providing telecommunication services, interconnect its telecommunication systems to the telecommunication system of the other person, in accordance with the terms and conditions of an interconnection agreement entered into between the parties, unless such request i:; unreasonable. (b)For the purposes of paragraph (a),a request is reasonable where the Authority determines that the requestedinterconnection(i) istechnicallyfeasible; (ii) will promote the efficient use of the public switched telecommunication network; (iii) can be implemented on a reciprocal basis between the parties. (c)An agreement contemplated in paragraph( a ) shall be entered into within the prescribed period or such extended period as the Authority may allow in any particular case. (d) The parties concerned :shall, unless exempted by regulation(i) notify the Authority if any request contemplated in paragraph(a) is made; (ii) where the reasonableness of any such request is disputed, refer the dispute to the Authority for its decision; (iii) where the parties are unwilling or unable to negotiate or agree on termsandconditions within the period or extended period contemplated in paragraph (c), submit all outstanding issuesto the Authority for resolution.,”; (b) by the substitution in subsection (4)for paragraphs (a) and (b)of the following ~paragraphs, respectively: “(a)in the case of a dispute relatingto reasonableness as contemplated in subsection (l)(d)(ii), make a determination taking into consider- 35 ation the factorsreferredtoinsubsection(l)(b), andany other relevant factor; (b) in the case of unwillingness or inabilityby the parties to negotiate or agree on the terms and conditions of interconnections, the Authority 40 may(i) impose terms and conditions in accordance withguidelines the contemplated in subsection (3); or (ii) propose terms and conditions in accordance with the guidelines Contemplated in subsection (3) which, subject to renegotiations, shall be agreed to by the parties within suchperiod as 45 the Authority may y~ecify.”; (c) by thesubstitutionin subsection (5) forparagraph ( b ) of thefollowing paragraph: “(b)Where the Authority determines that any terms and conditions are not consistent with the guidelmes contemplated in subsection ( 3 ) ,it may 50 direct the parties to [negotiate] renegotiate and agree onnew terms and conditions within such period as the Authority may specify, or itself proposetermsandconditionsconsistent with thoseguidelinesand which, subject to renegotiation, shall be agreed by the parties within such period as it may specify, and the provisions of subsection [(l>(e)(iii)l 55 (l)(d)(iii) and (4)(b) shall apply with the necessary changes.”; and ~ ’