16 Amendment of section 17 of Act 36 of 2005 11. Section 17 of the principal Act is hereby amended by the substitution for subsections (3), (4) and (5) of the following subsections, respectively: ‘‘(3) Subject to section 18, the Authority must, within [sixty (60)] thirty (30) days after receipt of a registration notice, [grant] issue the class licence and update 5 its internal records by including [the]— (a) the name of the accepted registrant; (b) the nature of the service that the registrant proposes to provide; and (c) the licence conditions applicable to the class licence. (4) If the Authority delays the [grant] issue of a class licence beyond the [sixty 10 (60)] thirty (30) day period, the Authority must give written notice of the delay and of the reasons for the delay, to the registrant. (5) In any case where— (a) the Authority fails to give notice of a delay to the registrant and fails to [grant] issue the class licence within the [sixty (60)] thirty (30) days as required in 15 terms of subsection (4); (b) the registrant has complied with the regulations prescribed in terms of section 5(7) applicable to class [licenses] licences; (c) the registrant satisfies the conditions provided for in section 5(8); and (d) the Authority has not [declined to accept] refused or denied the registration 20 notice for the class licence in terms of section 18, the class licence is considered to have been [granted] issued by the Authority on the [61st] 31st day after receipt of the registration notice by the Authority.’’. Amendment of section 20 of Act 36 of 2005 12. Section 20 of the principal Act is hereby amended by the addition of the following 25 subsection: ‘‘(3) The Authority must, within 18 months of the coming into operation of the Electronic Communications Amendment Act, 2014, prescribe how electronic communications network service licensees must exercise their rights and fulfil their obligations under this Chapter and may, within that period, in the prescribed 30 manner, impose conditions and obligations on licensees in the exercise and fulfilment of such rights and obligations, having considered the policy and policy directions contemplated in section 21.’’. Substitution of section 21 of Act 36 of 2005 13. The following section is hereby substituted for section 21 of the principal Act: 35 ‘‘[Guidelines for rapid] Rapid deployment of electronic communications facilities 21. (1) The Minister must, in consultation with the Minister of [Provincial and Local Government] Cooperative Governance and Traditional Affairs, the Minister of [Land Affairs] Rural Development and Land Reform, the Minister of Water and Environmental Affairs, the Authority and other relevant institutions, develop [guidelines] a policy and policy directions for the rapid deployment and provisioning of electronic communications facilities, following which the Authority must prescribe regulations. (2) The [guidelines] regulations must provide procedures and processes for— (a) obtaining any necessary permit, authorisation, approval or other governmental authority including the criteria necessary to qualify for such permit, authorisation, approval or other governmental authority; and (b) resolving disputes that may arise between an electronic communications network service licensee and any landowner, in order to satisfy the public interest in the rapid rollout of electronic communications networks and electronic communications facilities. 40 45 50 55

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents