Regulation Gazette No. 6119

Vol. 393 - PRETORIA, 6 MARCH 1998 - NO. 18734

GOVERNMENT NOTICE

DEPARTMENT OF COMMUNICATIONS

No. R. 346 - 6 March 1998

REGULATIONS IN TERMS OF SECTION 96 OF THE TELECOMMUNICATIONS ACT, 1996

In terms of section 96 (6) of the Telecommunications Act, 1996 (Act No. 103 of 1996), I, Jay Naidoo, Minister for Posts, Telecommunications and Broadcasting, hereby approve and publish the regulations in the Schedule made by the South African Telecommunications Regulatory Authority under section 96 (1), read with section 96 (5) (b), of the said Act.

J. NAIDOO
Minister for Posts, Telecommunications and Broadcasting

SCHEDULE

  1. Where it appears to be Authority that a licensee has contravened or failed to comply with the provisions of the Act or terms and conditions of the relevant licence or agreement for the interconnection or provision of telecommunications facilities as contemplated in the Act, the Authority shall—
    1. inform the licensee concerned by notice in writing of the alleged contravention or failure, and require the licensee to submit written representation with regard to such allegation not later than 14 calendar day after receipt of such notice. The Authority may, on application or on its own accord, condone any late filing of such written representation.
    2. investigate the matter in any lawful manner and may for that purpose—
      1. permit evidence to be adduced; appoint and utilise inspectors as contemplated in section 99 of the Act;
      2. summon and examine witnesses; order the production of any of books or documents or objects as it may deem necessary;
      3. engage and utilise the services of experts or professional persons to assist in its investigative function; and
      4. where applicable, take appropriate steps set out in the Code of Practices for Consumer Affairs and agreed to, from time to time, by the Licensee and the Authority in terms of the relevant licence.
  2. Any party, aggrieved by an alleged contravention or failure to comply with the provisions of a licence or agreement, may lodge a complaint in writing with the Authority, setting out in full
    1. the nature of the alleged contravention or non-compliance;
    2. the extent to which such alleged contravention or non-compliance had impacted on the complainant;
    3. the relief sought as a result of such an alleged contravention or non compliance.
  3. The provisions of regulation 1 of this regulation shall to the extent practical apply in any situation contemplated in regulation 2 above.
  4. A party lodging a complaint to the Authority against a telecommunications operator shall prior to lodging such complaint with the Authority cause a full text of such a complaint to be served on the said operator.
  5. Where the Authority determines that the alleged contravention or failure—
    1. merits a formal hearing, the Authority shall advise the licensee of its determination and of the date, time and the place where the hearing will held and of the fact that the licensee is entitled to legal representation;
    2. does not merit a formal hearing, the Authority shall advise the licensee of its determination and proceed to decide the matter summarily.
  6. After due consideration of all evidence and reports before the Authority, the Authority shall make an appropriate order of determination, or issue an appropriate directive, including without limitation
    1. making orders and determinations or issuing directives contemplated in sections 5 (2) (b), 36 (1) (d), 43 (1) (c), 43 (4), 43 (5), 44 (7), 53 and 100 of the Act;
    2. that a fine not exceeding R500 000 be paid to the Authority;
    3. where applicable, any monies (pus interest thereon, calculated at the prevailing prime rate), or benefits which unduly accrued to the licensee, be refunded or resumed to the payer thereof;
    4. on order to reimburse the Authority for costs and expenditure incurred by the Authority utilising the services of an expert or professional person as the case may be.
  7. Any contravention or failure to comply with the provisions of this regulation or of an order, determination or directive issued pursuant to clause 6 hereof shall constitute an offence. Any person found guilty of this offence shall on conviction be liable to a fine not exceeding the amount of R500 000 (five hundred - thousand rend) or imprisonment for a period not exceeding six months.