66 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 Electronic communications facilities leasing regulations 44. (1) The Authority must prescribe regulations to facilitate the conclusion of electronic communications facilities leasing agreements by stipulating electronic communications facilities leasing agreement principles and such regulations may include the regulations referred to in section 47. (2) Electronic communications facilities leasing regulations and electronic communications facilities leasing agreement principles must provide for a framework which may include a reference electronic communications facilities leasing offer containing model terms and conditions for electronic communications facilities listed in section 43(8). (3) Matters which the electronic communications facilities leasing regulations may address include but are not limited to— (a) the time frame and procedures for— (i) the negotiation of electronic communications facilities leasing agreements; (ii) the conclusion of electronic communications facilities leasing agreements; and (iii) the technical implementation of the electronic communications facilities leasing agreements; (b) the quality, performance and level of service to be provided, including time to repair or restore, performance, latency and availability; (c) subject to and in accordance with section 47, wholesale electronic communications facilities leasing rates and the manner in which the structure of fees and charges for such electronic communications facilities leasing must be determined; (d) the sharing of technical information including obligations imposed in respect of the disclosure of current and future electronic communications network planning activities; (e) contractual dispute resolution procedures; (f) billing and settlement procedures; (g) the list of electronic communications facilities contemplated in section 43(8) as reviewed and modified as contemplated in section 43(9); (h) services associated with leasing electronic communications facilities such as support systems, collocation, fault reporting, supervision, functionality, unbundling, and co-operation in the event of fault; (i) access and security arrangements; (j) the framework in accordance with which an electronic communications network service licensee may refuse a request to lease electronic communications facilities due to such electronic communications network service licensees’ planned expansion of its electronic communications network; (k) the framework for determining technical and financial feasibility and promotion of efficient use of electronic communications networks and provision of services contemplated in section 43(4); (l) the requirement that an electronic communications network service licensee negotiate and enter into an electronic communications facilities leasing agreement with an applicant for an individual licence; and (m) the manner in which unbundled electronic communications facilities are to be made available. (4) Where the regulations require negotiations with an applicant in terms of subsection (3)(l), a reference in this Chapter to a licensee seeking to lease electronic communications facilities must be considered to include such applicant. (5) The electronic communications facilities leasing regulations may exempt (in whole or in part) electronic communications network service licensees from the obligation to lease electronic communications facilities in terms of section 43(1) where the Authority has not found, in terms of Chapter 10, such electronic communications network service licensees to have significant market power in the relevant market or market segment. (6) Where a licensee is exempt from the obligation to lease electronic communications facilities in terms of subsection (5) and such exempted licensee enters into a electronic communications facilities leasing agreement with another exempted licensee, or a person providing services pursuant to a licence exemption, section 43(7) and section 5 10 15 20 25 30 35 40 45 50 55 60