20 writing to the notice (unless otherwise extended by the Authority) demonstrating that it is utilising the radio frequency spectrum in compliance with this Act and the licence conditions. (10) The Authority, based on the written response of the licensee, must notify the licensee of its decision to withdraw or not to withdraw the licence or assigned radio frequency spectrum.’’. 5 Amendment of section 34 of Act 36 of 2005 16. Section 34 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) The Minister, in the exercise of his or her functions, represents the Republic in international fora, including the ITU, in respect of— (a) the international [allotment] allocation of radio frequency spectrum; [and] (b) the international coordination of radio frequency spectrum usage; and (c) the co-ordination and approval of any regional radio frequency spectrum plans applicable to the Republic, in accordance with international treaties[,] and multinational and bilateral agreements entered into by the Republic.’’; and (b) by the substitution in subsection (7) for paragraph (a) of the following paragraph: ‘‘(a) take into account the ITU’s international spectrum [allotments] allocations for radio frequency spectrum use, in so far as ITU allocations have been adopted or agreed upon by the Republic, and give due regard to the reports of experts in the field of spectrum or radio frequency planning and to internationally accepted methods for preparing such plans;’’. 10 15 20 25 Amendment of section 35 of Act 36 of 2005 17. Section 35 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: 30 ‘‘(1) No person may possess, use, supply, sell, offer for sale or lease or hire any type of electronic communications equipment or electronic communications facility, including radio apparatus, used or to be used in connection with the provision of electronic communications, unless such equipment, electronic communications facility or radio apparatus has, subject to subsection (2), been 35 approved by the Authority.’’. Amendment of section 36 of Act 36 of 2005 18. Section 36 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: ‘‘(1) The Authority may, subject to the provisions of the Standards Act, [1993 40 (Act No. 29 of 1993] 2008 (Act No. 8 of 2008), prescribe standards for the performance and operation of any equipment or electronic communication facility, including radio apparatus.’’. Amendment of section 37 of Act 36 of 2005 19. Section 37 of the principal Act is hereby amended— 45 (a) by the substitution in subsection (3) for paragraph (a) of the following paragraph: ‘‘(a) is technically and [financially] economically feasible; and’’; and (b) by the substitution for subsection (6) of the following subsection: ‘‘(6) The interconnection agreement entered into by a licensee in terms 50 of subsection (1) must, unless otherwise requested by the party seeking interconnection, be non-discriminatory as among comparable types of interconnection and not be of a lower technical standard and quality than the technical standard and quality provided by such licensee to itself or to an affiliate or in any other way discriminatory compared to the 55