(7) Where a matter has been referred to the Authority in terms of subsection (6), the Authority shall conduct
such investigation into the matter as it considers necessary and, after affording the parties an adequate opportunity
to make representations, shall—
(a) where the matter concerns a refusal by a licensee to accede to a request for interconnection in terms of
subsection (1)—
(i) direct the licensee concerned to accede to the request, subject to such terms, conditions or
modifications as the Authority may specify, if the Authority is satisfied that the interconnection
is technically feasible and will promote increased public use of telecommunication services or
more efficient use of telecommunication services; or
(ii) permit the licensee concerned to reject the request, if the Authority is not satisfied as provided in
subparagraph (i);
or
(b) where the matter concerns the terms and conditions of an agreement for the interconnection of
telecommunication systems—
(i) suggest terms and conditions which the parties should or might incorporate in the agreement to
resolve their dispute and direct them to resume negotiations towards reaching an agreement
within such reasonable time as the Authority shall specify; and
(ii) if the parties fail to reach agreement within the period specified in terms of subparagraph (i),
make its own decision as to what the disputed terms and conditions should be, and those terms
and conditions shall bind the parties as if they had been included in an agreement in terms of this
section:
Provided that any such terms and conditions shall be consistent with the guidelines
published in terms of subsection (3).
62 Approval of telecommunication apparatus
(1) Where a telecommunication licence authorises the connection to any telecommunication system to which
the licence relates of any telecommunication apparatus specified in the licence or of a description so specified, the
apparatus shall be approved by the Authority before it is so connected.
(2) A person applying for approval in terms of this section shall comply with such requirements as the
Authority may think appropriate.
(3) An approval in terms of this section may be granted
(a) so as to apply to any particular telecommunication apparatus or any class thereof, or for the purposes of
a particular telecommunication system or any class thereof;
(b) absolutely or subject to such conditions as the Authority may specify.
(4) The Authority may, subject to subsections (5) and (6), cause a notice to be published in the Gazette
establishing standards to which apparatus of a specified description shall conform if it is to be approved for
connection to a telecommunication system of a specified description.
(5) Before establishing any standard in terms of subsection (4) the Authority shall, by notice in the Gazette
(a) state that it proposes to establish any standard for the purposes of this section;
(b) describe any standard it proposes to establish and its effect;
(c) invite any representations or objections in relation to its proposal to be made and lodged with it in
writing within twenty-one days from the publication of the notice;
and the Authority shall consider any representations or objections which are duly made and not withdrawn.
(6) In establishing any standard for the purposes of this section, the Authority shall have regard to
international standards governing the compatibility and inter-operability of telecommunication systems.
63 Special provisions relating to telecommunication licensees operating telecommunication
systems
(1) In this section—
“appropriate successor company” means the successor company or, where more than one successor company
is formed, the company licensed in terms of section one hundred and thirteen to provide the
telecommunication services carried on by the Corporation immediately before the fixed date.
(2) Subject to this section and to such exceptions or conditions as the Authority may include in the relevant
licence, the Authority may apply any of the provisions of the Third Schedule to a telecommunication licensee
operating a telecommunication system:
Provided that the licensee concerned shall not be released from any duty attaching to or connected with any
right or power so applied.
(3) The Authority shall not act in terms of subsection (2) unless it is satisfied, upon representations made by
the licensee or proposed licensee concerned, that the operation of the telecommunication system concerned is not
otherwise practicable.
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