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approval, which approval shall be given if the Authority is satisfied that the agreement will be
consistent with the guidelines published in terms of subsection (3).
(5) If the Authority refuses to approve an agreement in terms of subsection (4), it shall notify
the parties in writing of the reasons for its refusal and shall require the parties to re-negotiate the
proposed agreement, within such period as the Authority may specify, to make it consistent with
the guidelines published in terms of subsection (3).
(6) If, after a request for the interconnection of telecommunication systems has been made in
terms of subsection (1)—
(a) the licensee to whom the request was made refuses to accede to the request; or
(b) the licensees concerned are unable, within the period referred to in paragraph (a) of
subsection (2), to agree on the terms and conditions of an agreement for the
interconnection of their telecommunication systems;
the matter shall be referred to the Authority for its decision.
(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
Select target paragraph3
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