22 comparable network services provided by such licensee to itself or to an affiliate.’’. Amendment of section 38 of Act 36 of 2005 20. Section 38 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) (a) The Authority must prescribe regulations to facilitate the conclusion of interconnection agreements by stipulating interconnection agreement principles. (b) The regulations may include any regulations referred to in [section 39] sections 39 and 41.’’; (b) by the substitution in subsection (3) for paragraph (j) of the following paragraph: ‘‘(j) the framework for determining technical and [financial] economic feasibility and promotion of efficient use of the electronic communications networks and provision of services contemplated in section 37(3);’’; (c) by the substitution in subsection (3) for paragraph (k) of the following paragraph: ‘‘(k) the requirement that a licensee negotiate and enter into an interconnection agreement with an applicant for an individual licence or registrant of a class licence; and’’; and (d) by the substitution for subsections (5) and (6) of the following subsections, respectively: ‘‘(5) The interconnection regulations may include a framework for the exemption (in whole or in part) of licensees that have less than 25% market share from the obligation to interconnect under section 37(1). (6) Where a licensee is exempt from the obligation to interconnect in terms of subsection (5) and such exempted licensee enters into an interconnection agreement with another exempted licensee, or a person providing services pursuant to a licence exemption, sections 37(6) and [39(3) and (4)] 39(2) do not apply to such an interconnection agreement.’’. 5 10 15 20 25 30 Amendment of section 42 of Act 36 of 2005 21. Section 42 of the principal Act is hereby amended by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: 35 ‘‘The framework contemplated in subsection (1)(b) must [be in force not later than 1 July 2006 and] ensure that—’’. Amendment of section 43 of Act 36 of 2005 22. Section 43 of the principal Act is hereby amended— (a) by the substitution in subsection (4) for paragraph (a) of the following paragraph: ‘‘(a) is technically and [financially] economically feasible; and’’; (b) by the substitution for subsection (7) of the following subsection: ‘‘(7) The lease of electronic communications facilities by an electronic communications network service licensee in terms of subsection (1) must, unless otherwise requested by the leasing party, be nondiscriminatory as among comparable types of electronic communications facilities being leased and not be of a lower technical standard and quality than the technical standard and quality provided by such electronic communications network service licensee to itself or to an affiliate or in any other way discriminatory compared to the comparable network services provided by such licensees to itself or an affiliate.’’; (c) by the insertion after subsection (8) of the following subsection: ‘‘(8A) (a) Requests for leasing of essential facilities are deemed to promote efficient use of electronic communication networks and services. 40 45 50 55