88 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (a) an obligation to act fairly and reasonably in the way in which the licensee responds to requests for access, provisioning of services, interconnection and facilities leasing; (b) a requirement that the obligations contained in the licence terms and pro-competitive conditions must be complied with within the periods and at the times required by or under such terms and conditions, failing which a penalty may be imposed; (c) a prohibition against discriminating in relation to matters connected with access, provisioning of services, interconnection and facilities leasing; (d) an obligation requiring the licensee to publish, in such manner as the Authority may direct, all such information for the purpose of ensuring transparency in relation to— (i) access, interconnection and facilities leasing; or (ii) the provision of electronic communications network services, electronic communications services or any other service offered by the licensee applicable to the relevant market or market segments at issue; (e) an obligation to publish, in such manner as the Authority may direct, the terms and conditions for— (i) access, interconnection and facilities leasing; or (ii) the provision of electronic communications network services, electronic communications services or any other service offered by the licensee applicable to the relevant market or market segments at issue which may take the form of a reference offer; (f) an obligation to maintain a separation for accounting purposes between different matters relating to— (i) access, interconnection and facilities leasing; (ii) the provision of electronic communications network services, electronic communications services or any other service offered by the licensee applicable to the relevant market or market segments at issue; and (iii) retail and wholesale prices; (g) a requirement relating to the accounting methods to be used in maintaining the separation of accounts referred to in paragraph (f); (h) such price controls, including requirements relating to the provision of wholesale and retail prices in relation to matters connected with the provision of— (i) access, interconnection and facilities leasing; or (ii) electronic communications network services, electronic communications services or any other service offered by the licensee applicable to the relevant market or market segments at issue; (i) matters relating to the recovery of costs and cost orientation and with regard to broadcasting services, the appropriate amount of South African programming, including— (i) music content; (ii) news and information programmes; and (iii) where appropriate, programming of local or regional significance; (j) matters relating to the accounts, records and other documents to be kept and made available for inspection by the Authority. (8) Review of pro-competitive conditions: (a) Where the Authority undertakes a review of the pro-competitive conditions imposed upon one or more licensees under this subsection, the Authority must— (i) review the market determinations made on the basis of earlier analysis; and (ii) decide whether to modify the pro-competitive conditions set by reference to a market determination; (b) Where, on the basis of a review under this subsection, the Authority determines that a licensee to whom any pro-competitive conditions apply is no longer a licensee possessing significant market power in that market or market segment, the Authority must revoke the applicable pro-competitive conditions applied to that licensee by reference to the previous market determination based on earlier analysis; 5 10 15 20 25 30 35 40 45 50 55 60