70 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 Notification of electronic communications facilities leasing agreement disputes 46. (1) A party to a dispute arising out of an electronic communications facilities leasing agreement may notify the Authority in writing of the dispute and such dispute must be resolved, on an expedited basis, by the Complaints and Compliance Committee 5 in accordance with the regulations prescribed by the Authority. (2) A party who notifies the Authority of a dispute in terms of 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 43(5)(c) is, in all respects, effective and binding on the parties to the electronic communications facilities leasing 10 agreement unless an order of a court of competent jurisdiction is granted against the decision. Facilities leasing pricing principles 47. The Authority may prescribe regulations establishing a framework for the establishment and implementation of wholesale rates applicable to specified types of 15 electronic communication facilities and associated services taking into account the provisions of Chapter 10. CHAPTER 9 BROADCASTING SERVICES Application 20 48. This chapter applies only to broadcasting service licensees. Public broadcasting service licences 49. In considering the grant of a new public broadcasting service licence the Authority must, with due regard to the objects and principles enunciated in section 2, among 25 others, take into account the following: (a) The demand for the proposed broadcasting service within the proposed licenced area; (b) The need for the proposed broadcasting service within such area, having regard to broadcasting services already existing in that area; and (c) The technical quality of the proposed broadcasting service in regard to 30 developments in broadcasting technology. Community broadcasting service licences 50. In considering the grant of a new community broadcasting service licence the Authority must, with due regard to the objects and principles enunciated in section 2, 35 among others, take into account whether— (a) the applicant is fully controlled by a non-profit entity and carried on or is to be carried on for non-profit purposes; (b) the applicant intends to serve the interests of the relevant community; (c) as regards the provision of the proposed broadcasting service, the applicant has the support of the relevant community or of those associated with or 40 promoting the interests of such community, which support must be measured according to such criteria as may be prescribed; (d) the applicant intends to encourage members of the relevant community or those associated with or promoting the interests of such community to participate in the selection and provision of programmes to be broadcast in the 45 course of such broadcasting service; and (e) the applicant has never been convicted of an offence in terms of this Act or the related legislation.