REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISI...
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including the investment, technical, maintenance and operating costs; and
(b)
complying with section 28 (1) (b) (i) and (2) (a) ,
must be borne by that telecommunication service provider.
(6) A directive issued under subsection (2) (a) may in like manner be amended or
withdrawn.
(7) The Cabinet member responsible for communications must, within two months
after the fixed date and in consultation with the Minister and the other relevant Ministers
and after consultation with the Authority and a telecommunication service provider or
category of telecommunication service providers to whom, prior to the fixed date, a
telecommunication service licence has been issued under the Electronic Communications
Act(a)
issue a directive referred to in subsection (2) (a) in respect of such a
telecommunication service provider or category of telecommunication
service providers; and
(b)
determine a period, which may not be less than three months and not
more than six months from the date on which a directive referred to
in paragraph (a) is issued, for compliance with such a directive, and
the period so determined must be mentioned in the directive
concerned.
[Sub-s. (7) amended by s. 97 of Act 36 of 2005.]
(8) If a period of more than three years has been determined in terms of subsection
(2) (a) (iii), the Cabinet member responsible for communications may, upon application
by the telecommunication service provider concerned and in consultation with the
relevant Ministers, reduce that period to a period which may not be less than three years
by issuing an amended directive under subsection (2) (a) .
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Compensation payable to postal service provider, telecommunication
service provider and decryption key holder
(1) (a) The Minister, after consultation with the Cabinet members responsible for
communications and national financial matters and the postal service providers or
telecommunication service providers concerned, as the case may be, must by notice in
the Gazette prescribe(i)
the forms of assistance in the execution of a direction for which a postal
service provider, telecommunication service provider or decryption key
holder must be compensated; and
(ii)
reasonable tariffs of compensation payable to a postal service provider,
telecommunication service provider or decryption key holder for providing
such prescribed forms of assistance.
(b) The tariffs prescribed under paragraph (a) (ii)(i)
may differ in respect of different categories of postal service providers,
telecommunication service providers or decryption key holders; and
(ii)
must be uniform in respect of each postal service provider,
telecommunication service provider or decryption key holder falling within
the same category.
(c) A notice issued under paragraph (a) may at any time in like manner be amended
or withdrawn.
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