(1) The Authority and the Commission for Communications Regulation shall make every effort to settle by agreement any question arising as to which of them should perform the functions conferred on a competent authority by Part 2 (section 4(3) excepted), Part 2C and Part 2D that may relate to the provision of an electronic communications service or electronic communications network, or associated facilities.

(2) If at any time the Authority or the Commission for Communications Regulation considers that the question cannot be resolved by agreement, it may refer the question for resolution by the Minister.

(3) As soon as practicable after the question has been referred under subsection (2), the Minister shall determine the question and then notify the Authority and the Commission for Communications Regulation of the determination. In making a determination, the Minister shall—

(a) consult with the Minister for Communications, Marine and Natural Resources, and

(b) take into account any representations made with respect to the question by the Authority or the Commission for Communications Regulation.