26 (2) The Complaints and Compliance Committee must adjudicate complaints concerning alleged breaches of the Code by broadcasting service licensees who are not members of the Advertising Standards Authority of South Africa, in accordance with section 17C of the ICASA Act, as well as complaints concerning alleged breaches of the advertising 5 regulations. (3) Where a broadcasting licensee, irrespective of whether or not he or she is a member of the said Advertising Standards Authority of South Africa, is found to have breached the Code or advertising regulations, such broadcasting licensee must be dealt with in accordance with applicable 10 provisions of sections 17A to 17H of the ICASA Act.’’. Amendment of section 62 of Act 36 of 2005 26. Section 62 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: ‘‘(3) A common carrier must— (a) subject to its technological capacity to do so and to the provisions of paragraph (b), provide broadcasting signal distribution to broadcasting licensees upon their request and in accordance with the national radio frequency plan contemplated in section 34, on an equitable, reasonable, non-preferential and non-discriminatory basis; (b) in determining its tariffs, duly take into account the following: (i) the different categories of broadcasting service [licenses] licences referred to in sections 49, 50 and 51; and (ii) the nature and technical parameters of the service provided to each broadcasting licensee with a view to ensuring that the different tariffs are appropriate to and commensurate with the various broadcasting services to which they relate; (c) carry public broadcasting services, including educational, commercial and community services and shall be deemed an electronic communications network service licensee that provides signal distribution for public broadcasting services.’’. 15 20 25 30 Amendment of section 65 of Act 36 of 2005 27. Section 65 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: ‘‘(1) No person may— 35 (a) directly or indirectly exercise control over more than one commercial broadcasting service licence in the commercial television broadcasting service; or (b) be a director of a company which is, or of two or more companies which between them are, in a position to exercise control over more than one 40 commercial broadcasting service licence in the commercial television broadcasting service; or (c) be in a position to exercise control over a commercial broadcasting service licence in the commercial television broadcasting service and be a director of any company which is in a position to exercise control over any other 45 commercial broadcasting service [license] licence in the commercial television broadcasting service.’’. Amendment of section 67 of Act 36 of 2005 28. Section 67 of the principal Act is hereby amended— (a) by the deletion of subsections (1), (2) and (3); 50 (b) by the substitution for subsection (4) of the following subsection: ‘‘(4) The Authority must, following an inquiry, prescribe regulations defining the relevant markets and market segments[, as applicable, that pro-competitive conditions may be imposed upon licensees having significant market power where the Authority determines 55 such markets or market segments have] and impose appropriate and sufficient pro-competitive licence conditions on licensees where there is