Gazette 7492
ORIGINAL PDF ↗GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA
N$10.20
WINDHOEK - 26 March 2021
No. 7492
CONTENTS
Page
GENERAL NOTICE
No. 104 Communication Regulatory Authority of Namibia: Notice of Intention to make Regulations Prescribing Functions of Carriers in Respect of Installation and Maintenance of Telecommunications Facilities: Communications Act, 2009
General Notice
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA
No. 104
NOTICE OF INTENTION TO MAKE REGULATIONS PRESCRIBING FUNCTIONS OF CARRIERS IN RESPECT OF INSTALLATION AND MAINTENANCE OF TELECOMMUNICATIONS FACILITIES: COMMUNICATIONS ACT, 2009
The Communications Regulatory Authority of Namibia (hereafter ‘the Authority’), under section 129 of the Communications Act, 2009 (Act No. 8 of 2009) and in accordance with regulation 4(3) of the Regulations Regarding Rule-Making Procedures published as General Notice No. 334 of 17 December 2010 (hereafter ‘the Regulations Regarding Rule-Making Procedures’) publishes this notice of intention to make regulations which includes -
- A concise statement of the purpose for the proposed Regulations as set out in Schedule 1;
- A draft of the proposed Regulations as set out in Schedule 2.
The Authority invites the public to submit comments in writing to the Authority within 30 days from the date of publication of this notice in the Gazette , and written comments must -
- (a) contain the name and contact details of the person making the written submissions and the name and contact details of the person or entity on whose behalf the written submissions are made, if different; and
- (b) be clear and concise.
- (c) be sent or delivered -
- (i) by hand to the head office of CRAN, Communications House, 56 Robert Mugabe Avenue,Windhoek;
- (ii) by post to CRAN, Private Bag 13309, Windhoek, Namibia;
- (iii) by electronic mail to CRAN email address: legal@cran.na;
- (iv) by facsimile to CRAN facsimile number: +264 61 222790; and
- (v) by facsimile-to-email to number: 0886550852.
The ‘Notice of Intention to Make Regulations’ is available at the head offices of the Authority during business hours and copies may be made on payment of a fee determined by the Authority, and on the Authority’s website where copies may be downloaded free of charge.
H. M. GAOMAB II
CHAIRPERSON OF THE
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA
SCHEDULE 1 CONCISE STATEMENT OF PURPOSE
The objects of the proposed regulations are to -
- (a) make the rights granted to the carriers by Part 5 of Chapter V of the Act to install certain telecommunications facilities applicable to other telecommunications facilities;
- (b) set out the manner, form and period of notice to be given by a carrier to a land owner in connection with installation or maintenance of telecommunications facilities; and
- (c) set out the procedure to be followed and consultations to be held between a carrier and the land owner.
SCHEDULE 2
REGULATIONS PRESCRIBING FUNCTIONS OF CARRIERS IN RESPECT OF INSTALLATION AND MAINTANANCE OF TELECOMMUNICATIONS FACILITIES: COMMUNICATIONS ACT, 2009
The Communications Regulatory Authority of Namibia, under section 129 of the Communications Act, 2009 (Act No. 8 of 2009) read with section 68(2) of that Act and after having complied with regulation 4 of the Regulations Regarding Rule-Making Procedures published under General Notice No. 334 of 17 December 2010, has made the regulations set out in the Schedule.
Definitions
- In these regulations, any word or expression to which a meaning is assigned in the Act has that meaning, and unless the context otherwise indicates -
‘landowner’ means a person who owns or legally occupies a land, and includes the State, a local authority and a public body;
‘party’ means a carrier or landowner, and includes any affected person or public body that is joined as a party;
‘telecommunications facilities’ means telecommunications facilities relate to the wires, fibres, or any other form of telecommunications line as well as facilities used to protect or support such wires, fibres or lines (including poles, stays, ducts and pipes), and include masts, antennas, towers, pay telephones and other similar equipment; and
‘the Act’ means the Communications Act, 2009 (Act No. 8 of 2009).
Objects and application of regulations
- (1) The objects of these Regulations are to -
- (a) prescribe the functions of carriers in installing and maintaining telecommunications facilities;
- (b) set out the procedure to be followed and consultations to be held between a carrier and the landowner; and
- (c) to make the rights granted to the carriers by Part 5 of Chapter V of the Act to install certain telecommunications facilities applicable to other telecommunications facilities.
- (2) These regulations -
- (a) apply to all carriers; and
- (b) do not prevent the carriers and landowners from entering into agreements governing carriers’ access to land for purpose of installation and maintenance of telecommunications facilities.
Submission of documents to Authority
- Whenever documents are required to be delivered to the Authority, such documents are delivered physically or electronically -
- (a) by hand to an employee of the Authority at its principal place of business, being Communication House, No. 56 Robert Mugabe Avenue, Windhoek;
- (b) by post mailed to Private Bag 13309, Windhoek;
- (c) by electronic mail sent to legal@cran.na;
- (d) by facsimile faxed to +264 61 222 790; or
- (e) in any other manner or to any other address specified by the Authority from time to time.
Application of Part 5 of Chapter V of Act to other telecommunications facilities
- The rights granted to the carriers by Part 5 of Chapter V of the Act to install telecommunications facilities relate to wires, fibres, or any other form of telecommunications line as well as facilities used to protect or support such wires, fibres or lines (including poles, stays, ducts and pipes) as referred to in section 59(3) of the Act apply to masts, antennas, towers, pay telephones and other similar equipment as contemplated in section 59(4) of the Act.
Service of correspondences between carriers and landowners
- For the purpose of these regulations, a correspondence between a carrier and landowner should be effected -
- (a) by delivering a copy thereof personally to the person to be served;
- (b) by leaving a copy of the correspondence at the place of residence or place of business of the person to be served, where personal service is not reasonably possible;
- (c) by delivering or leaving a copy thereof at the domicilium citandi so chosen, if the person to be served has chosen a domicilium citandi ;
- (d) by delivering a copy thereof to any agent duly authorised in writing to accept service on behalf of the person to be served; or
- (e) by handing a copy thereof to a responsible employee of the company or body corporate at its registered offices or its principal place of business, or if no such employee is willing to accept service, by affixing a copy of the correspondence to the main gate or door of such office or place of business.
Notice by carriers to access land
- (1) A carrier must submit to the landowner a written notice to access the land in the form of Form A set out in the Annexure before accessing the land for the purpose of conducting -
-
(a) inspection on the land or do anything on the land that is necessary or desirable to determine whether the land is suitable for its purpose;
-
(b) installation of telecommunications facilities;
-
(c) alteration, removal or replacement of telecommunications facilities; or
-
(d) routine maintenance of telecommunications facilities.
-
(2) The notice must -
-
(a) set out the reason of the carrier for accessing the land and outline the actions it intends to take as part of accessing the land;
-
(b) specify the duration of the activities and the proposed start date for accessing the land which must be -
-
(i) at least five days for inspection on the land, installation, alteration, removal or replacement as referred to in subregulation (1); or
-
(ii) at least three days for routine maintenance, from the date of receipt of the notice by the land owner; and
-
(c) be copied to the Authority for noting.
Objection by landowner
- (1) Subject to subregulation (5), upon receipt of a notice from the carrier in terms of regulation 6, the landowner may give the carrier a written objection to the notice in the form of Form B set out in the Annexure.
-
(2) The objection is given to the carrier at least five days before the proposed start date and must -
-
(a) include grounds of the objection; and
-
(b) indicate the date the parties must meet for consultation as required by regulation 8(2); and
-
(c) be copied to the Authority for noting.
-
(3) The grounds of objection by the landowner include -
-
(a) the location of the telecommunications facility proposed by the carrier;
-
(b) the duration of the activities;
-
(c) the date for accessing the land and start the activities;
-
(d) consideration of health, safety and security; and
-
(e) the likely effect that the proposed activities have on the land such as -
-
(i) servitude;
-
(ii) on going work or work about to commence; or
-
(iii) environmental degradation.
-
(4) If no objection is received from the landowner within five days from date of receipt of the notice, the carrier may proceed to access the land as outlined in the notice.
-
(5) An objection by a landowner to the notice by a carrier to access land does not apply to a notice to access land for routine maintenance of telecommunications facilities.
Consultation between carriers and landowners
- (1) In case where the landowner objects to the notice of the carrier, the landowner and carrier have 10 days consultation period from the date of receipt of the objection to discuss and try to resolve the objection.
-
(2) The landowner must make reasonable efforts to start the consultation within the first five days of the consultation period.
-
(3) The landowner and carrier must participate in good faith to resolve the objection.
-
(4) If the landowner and the carrier cannot resolve the objection by agreement during the consultation period, either party by agreement must -
-
(a) prepare the outcome of their consultation in the form of Form C set out in the Annexure; and
-
(b) refer the dispute to the Authority for adjudication.
Emergency access to land
- A carrier may access the land without notice for purpose of performing activities that need to be carried without delay in order to protect -
- (a) the health, safety or security of persons;
- (b) the environment;
- (c) the property of the carrier; or
- (d) the telecommunications facilities or to deal with its maintenance.
Notice by carrier-landowners to other carriers
- (1) Where a carrier who is also a landowner (carrier-landowner) wishes -
- (a) to install telecommunications facilities; or
- (b) to conduct alteration, removal or replacement of telecommunications facilities,
on its own land, the carrier-landowner must, for the purposes of coordination and noting by other carriers and the Authority, respectively, give a notice to other carriers and the Authority in the form of Form D set out in the Annexure before such installation, alteration, removal or replacement is conducted.
- (2) The notice must -
- (a) set out the nature of the telecommunications facilities to be installed, altered, removed or replaced; and
- (b) specify -
- (i) the duration of the activities; and
- (ii) the proposed start date which should be at least seven days from the date of receipt of the notice by other carriers and the Authority.
ANNEXURE
Communications Act, 2009 (Act No. 8 of 2009)
NOTICE BY CARRIER TO ACCESS LAND
(Regulation 6(1))
In terms of regulation 6(1) of the Regulations Prescribing Functions of Carriers in Respect of Installation and Maintenance of Telecommunications Facilities published under General Notice No. 104 of 26 March 2021, a carrier must submit to the landowner this Notice to access the land before engaging in activities set out in regulation 6(2).
A. CARRIER
Carrier
Contact Person
Physical Address
Postal Address
Telephone number(s)
Facsimile number
Electronic mail address (email address)
B. LANDOWNER
Landowner
Contact Person
Physical Address
Postal Address
Telephone number(s)
Facsimile number
Electronic mail address (email address)
C. REASON FOR ACCESS TO LAND
Provide a clear and concise reason for accessing land in terms of regulation 6(2). (May attach supporting documents)
D. ACTIVITIES CARRIER INTEND TO PERFORM
Provide an outline of activities the carrier intends to perform as part of accessing land. (May attach supporting documents)
FORM A
E. DURATION OF ACTIVITIES
Provide duration of activities and proposed start date which should be at least 14 days from date of receipt of Notice by landowner.
F. ANY OTHER INFORMATION
Provide any other relevant information.
Signed by at in his/her capacity as duly authorized and warranting such authority and warranting that the information provided herein is true and correct, on the day of 20 .
_________________________ Signature
ACKNOWLEDGEMENT OF RECEIPT BY LANDOWNER:
Name
Date
Place
Signature
ACKNOWLEDGEMENT OF RECEIPT BY CRAN:
(In terms of regulation 6(2)(c))
Name
Date
Place
Signature
ANNEXURE
Communications Act, 2009 (Act No. 8 of 2009)
OBJECTION TO CARRIER’S NOTICE
(Regulation 7(1))
In terms of regulation 7(1) of the Regulations Prescribing Functions of Carriers in Respect of Installation and Maintenance of Telecommunications Facilities published under General Notice No. 104 of 26 March 2021, a landowner may upon receipt of Notice from the carrier object to the notice received in terms of regulation 6.
The objection should be served to carrier at least seven days before the proposed start date.
A. LANDOWNER
Landowner
Contact Person
Physical Address
Postal Address
Telephone number(s)
Facsimile number
Electronic mail address (email address)
B. CARRIER
Carrier
Contact Person
Physical Address
Postal Address
Telephone number(s)
Facsimile number
Electronic mail address (email address)
C. GROUNDS OF OBJECTION
Provide clear and concise ground of objection to carrier’s notice in terms of regulation 7(2). (May attach supporting documents)
D. CONSULTATION BETWEEN PARTIES
Provide a proposed date on which parties may meet to consult in terms of regulation 8, and the venue for the meeting.
FORM B
E. ANY OTHER INFORMATION
Provide any other relevant information.
Signed by at in his/her capacity as duly authorized and warranting such authority and warranting that the information provided herein is true and correct, on the day of 20 .
_________________________ Signature
ACKNOWLEDGEMENT OF RECEIPT BY CARRIER:
Name
Date
Place
Signature
ACKNOWLEDGEMENT OF RECEIPT BY CRAN:
(In terms of regulation 7(2)(c))
Name
Date
Place
Signature
ANNEXURE
Communications Act, 2009 (Act No. 8 of 2009)
OUTCOME OF CONSULTATION BETWEEN PARTIES
(Regulation 8(4)(a))
In terms of regulation 8(4)(a) of the Regulations Prescribing Functions of Carriers in Respect of Installation and Maintenance of Telecommunications Facilities published under General Notice No. 104 of 26 March 2021, either party by agreement must prepare in writing the outcome of their consultation to the other party.
A. CARRIER
Carrier
Contact Person
Physical Address
Postal Address
Telephone number(s)
Facsimile number
Electronic mail address (email address)
B. LANDOWNER
Landowner
Contact Person
Physical Address
Postal Address
Telephone number(s)
Facsimile number
Electronic mail address (email address)
C. NOTICE BY CARRIER
Provide details of notice of request to access land by carrier. (May attach supporting documents)
D. OBJECTION BY LANDOWNER
Provide details of objection by landowner. (May attach supporting documents)
FORM C
E. OUTCOME OF CONSULTATION BETWEEN PARTIES
Provide a brief outcome of consultation between parties. (May attach supporting documents)
F. ANY OTHER INFORMATION
Provide any other relevant information.
Signed by at in his/her capacity as duly authorized and warranting such authority and warranting that the information provided herein is true and correct, on the day of 20 .
_________________________ Signature
ACKNOWLEDGEMENT OF RECEIPT BY OTHER PARTY:
Name
Date
Place
Signature
Communications Act, 2009 (Act No. 8 of 2009)
NOTICE BY CARRIER-LANDOWNER TO INSTALL, ALTER, REMOVE OR REPLACE TELECOMMUNICATIONS FACILITIES
(Regulation 10)
In terms of regulation 10 of the Regulations Prescribing Functions of Carriers in Respect of Installation and Maintenance of Telecommunications Facilities published under General Notice No. 104 of 26 March 2021, a carrier-landowner must submit to other carriers and CRAN this notice to install, alter, remove or replace telecommunications facilities before engaging in such activities.
A. CARRIER-LANDOWNER
Carrier-Landowner
Contact Person
Physical Address
Postal Address
Telephone number(s)
Facsimile number
Electronic mail address (email address)
B. OTHER CARRIERS/CRAN
Carrier/CRAN
Contact Person
Physical Address
Postal Address
Telephone number(s)
Facsimile number
Electronic mail address (email address)
C. NATURE OF ACTIVITIES
Provide a clear and concise nature of telecommunication facilities to be installed, altered, removed or replaced. (May attach supporting documents)
D. ACTIVITIES CARRIER-LANDOWNER INTENDS TO PERFORM
Provide an outline of activities the carrier-landowner intends to perform on its land. (May attach supporting documents)
FORM D
E. DURATION OF ACTIVITIES
Provide duration of activities and proposed start date which should be at least seven days from the date of receipt of notice by carrier and the Authority.
Duration:
Start Date:
F. ANY OTHER INFORMATION
Provide any other relevant information.
Signed by at in his/her capacity as duly authorized and warranting such authority and warranting that the information provided herein is true and correct, on the day of 20 .
_________________________ Signature
ACKNOWLEDGEMENT OF RECEIPT BY CARRIER:
Name
Date
Place
Signature
ACKNOWLEDGEMENT OF RECEIPT BY CRAN:
Name
Date
Place
Signature
CONSIDERATION OF COMMENTS ON THE REGULATIONS PRESCRIBING FUNCTIONS OF CARRIERS IN RESPECT OF INSTALLATION AND MAINTENANCE OF TELECOMMUNICATIONS FACILITIES
1. Introduction
The purpose of this paper is to review the comments received from stakeholders on the proposed Prescribing Functions of Carriers in respect of Installation and Maintenance of Telecommunications Facilities which was published in Government Gazette No. 7354 on 7 October 2020. Written comments were received from MTC Mobile Telecommunications Limited (‘MTC’), Telecom Namibia (‘Telecom’) and Paratus Telecommunications (Pty) Ltd (‘Paratus’).
2. Consideration of Comments
| COMMENTSBYMTC | COMMENTSBYMTC | COMMENTSBYMTC |
|---|---|---|
| Comment | Comment | Review &Consideration |
| 1. | MTC notes the content of these Regulations 1 to 6 and agrees thereto. | The Authority notes the comment. |
| 2. | MTC submits that they object to these Regulations 7 to 9 in its entirety, as same is ultra vires to the provisions of the sections 60 and 62 of the Communications Act No. 8 of 2009. MTC also submits that Chapter 5 of the Communications Act No. 8 of 2009 affords Carriers the right to enter upon any land and construct erect, telecommunications facilities for the provision of a telecommunications service, the Act only requires Carriers to provide a notice to the Land Owners in order to exercise such rights. MTCfurther states that the proposed Regulations have the effect of delaying a Carrier’s rights as afforded to it in terms of sections 60 and 62 respectively, of the Communications Act. Though the Authority has the power in terms of the Act to provide for Regulations specifying the manner, form, period, procedure and consultations to be held between the Carriers and Land Owners. The Act does not make provision for an objection from a Land Owner on the exercise of a Carrier’s rights, nor does it allow for such objection to halt the execution of a Carrier’s rights in terms of the Act. The Act merely allows the Authority to make regulations prescribing dispute resolution procedures and to prescribe a consultative process, but does not allow for such processes to halt the execution of a Carrier’s rights. MTCis of the opinion that a Carrier’s rights are only limited from application in terms of section 59 of the Act, specifically where national security or the safety of the President is threatened or where prejudice to public purpose or | |
| TELECOM | TELECOM | TELECOM |
| Comment | Comment | Review &Consideration |
| 1. | Telecom submits that on page 3, Regulations 2(2)(b) states that the agreement between the landowner and the Carriers may create a loophole to subject carriers to conditions other than those permitted under the Communications Act. For instance, the Communications Act gives carriers a right to install telecommunications facilities on any land but does not require carriers to pay landowners for such installation. The agreement may be used to create such a loophole. Telecom therefore proposes that agreements be allowed but no terms other than those permitted under the Communications Act may be imposed. |
| 2. | Telecom submits on page 5, Regulations 6(2)(a) states that although Telecom acknowledge the importance of giving notice to the land owner and ensuring proper coordination of installation of telecommunications facilities to avoid chaos and effecting other services that also relies upon the usage of the same land such as water, electricity, aviation etc., Telecom is concerned that fourteen (14) days to notify the landowner; some whom are competitors may be too long and might result in anticompetitive behaviour and activities. Telecom thus propose that the period be shortened to seven (7) days. | |
|---|---|---|
| 3. | Telecom in terms of page 5, Regulation 7(2)(b) propose that the date to be proposed when parties must meet for consultation in 8(2) must not be later than 3 days from the date of notice of objection. | |
| 4. | Telecom in terms of page 5, Regulation 7(3)(c) propose that objections on the date should only be subject to the date not complying to the prescribe date in the Regulations referencing when the Carrier may proceed to install Telecommunications facilities. | |
| 5. | Telecom in terms of page 6, Regulation 8(2) proposes that the consultation must take place within 3 days from the date of objection as per their comments under regulation 7(2)(b). | |
| Paratus | Paratus | |
| Comment | Review &Consideration | |
| 1. | Paratus notes its objection to the entire proposed Regulations. Paratus further submits that Section 68 allows the Authority to prescribe ‘the manner, form and period of notice’ (not whether or not notice must be given in the first place) to be given by a carrier to any person or public body in connection with the performance by the carrier of functions contemplated in Part 5 of the Act, and the ‘procedure to be followed and consultations to be held’ between a carrier and any affect person or public body. Acarrier must perform its functions in terms of Chapter 5 and in accordance with the regulations contemplated in section 68(2). Paratus submits that section 68 is not a model of clarity and must be read in context and considering the provisions of Part 5 of the Act (and cannot derogate therefrom). Paratus thus submits that the Authority should guard against impermissible dilution or limiting of the rights accorded in the Act through ultra vires regulations. They also propose that the regulation must employ language consist with the Act, and not lump concepts or obligations. | |
| 2. | Paratus submits that it is important to distinguish between sharing of infrastructure and accessing land for purposes of installing equipment. Paratus submits that section 50 refers to Infrastructure Sharing and that that section specifically makes provision for the utility to refuse to lease infrastructure referred to under certain defined circumstances (50(7)). | |
| 3. | Paratus submits that section 60 makes provision for a carrier to enter any land and construct or maintain telecommunications facilities upon, under or over such land. It does not require consent from the landowner or occupier of land and it does not make provision for any objection. Paratus further submits that if it was the Legislature’s intention, it would have made specific provision therefore, such as provided for in section 50. Even section 61 makes provision for the carrier to agree with the local authority, yet sections 60 and 62 do not. This cannot be implied. | |
| 4. | Paratus submits that section 62 provides for notice to be given to the local authority. In terms of the act, the local authority is only entitled to supervise the work to ensure that it does not affect their own underground pipes and cables. |
| Paratus submits that the principles applicable to the rights granted under Part 5 to carriers include: | 5. | |
|---|---|---|
| 6. | Paratus ‘Owner’ is generally understood to be the person in whom a dominium is vested. Paratus further submits that if the Act intended to encompass persons other than owners of land where reference is made to owner, it would have expressly stated so. Section 64(1) refers to ‘owner or occupier’ of the land’. Similar wording is found in section 65(2). It’s apparent that the Legislature appreciated the distinction between an owner and an occupier. Further categories of persons are also contemplated in Part 5. Paratus also states that it is important to avoid conflating terms in the proposed regulations, moreover, given that certain sections (under Part 5) only apply to certain categories or persons. This will simply result in confusion and is undesirable. | |
| the local authority is not specifically mentioned in this clause and it will only apply to it if it is the actual owner of a specific piece of land)And even then it is not given blanket right to object. (c) when there are different technically feasible and economically reasonable ways of exercising the rights concerned, the rights must be exercised in such a manner that the rights of the land owner and the carrier are balanced in a fair manner. (d) When the exercise of rights referred to in this Part may affect national security or the safety of the President or a member of Cabinet the Director-General may forward a directive to the Authority indicating any requirements with which the telecommunications facilities in question must comply. (The Director-General is required to send a directive in the event of a threat, not the local authority). Paratus submits that the proposed regulations impermissibly grant rights to the local authority which the Act has specifically not made provision for, and dilute and infringe the rights of carriers. submits that ‘Land owner’ is not defined in the Act. | ||
| 7. | Paratus states that section 62, 65 and 67 provide for notices by the carrier. Paratus submits that the proposed regulations (regulation 6) requires a carrier to provide ’ written notice to access the land …before accessing the land’ for purposes envisaged in the proposed regulation 6 (1) (a-c). Note proposed regulation 7(4) - a carrier may ‘proceed and access land as outlined in the notice’ only if no objection is received from the land owner within nine days from date of receipt of the notice. Paratus further submits that section 60 does not requires or provide for this and section 62, 65 and 67 do not contemplate what is now sought to be introduced in the proposed regulations. Paratus submits that the said proposed regulations currently read, there can be no access without prior notice and access can only be exercised if there is no objection. This is not what the Act contemplates and is ultra vires the Act. |
| Paratus submits that in terms of the proposed regulation 7, the Authority seeks to introduce some form of ‘objection’ procedure. Paratus submits this is not contemplated in the Act. Paratus thus submits that the Act (in particular the section referenced above) do not make provision for objections and also do not preclude access or the of a right upon an ‘objection’ being made. | 8. exercise | |
|---|---|---|
| Paratus submits that in terms of the proposed regulation 8(4), the land owner and the carrier cannot resolve the ‘objection’ by agreement, then the dispute must be referred to the Authority for adjudication. Paratus states that in terms of section 69(1), only disputes concerning the exercise of rights conferred upon a carrier in Part 5 are to be adjudicated by the Authority. Furthermore, section 69(2) does not compel a party to refer the dispute to the Authority. Paratus further submits that if the objection is such that is does not constitute or relate to a dispute regarding the exercise of rights conferred upon a carrier in Part 5 of the Act, the Authority in any event would have no jurisdiction to hear such a dispute. | 9. | |
| 10. | Paratus submits that the proposed regulations are ultra vires theAct in material respects and need to be revisited in toto. |