94
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
CHAPTER 13
GENERAL
Establishment of Electronic Communications and ICT Museum, information
communication technology for government and other related services
72. (1) The Director-General must establish and manage a museum that depicts the 5
evolution and the history of the communications and information communication
technology sectors in South Africa.
(2) The museum and its contents are part of the national estate as defined in the
National Heritage Resources Act, 1999 (Act No. 25 of 1999).
(3) The contents of the museum housed in the Telkom Museum on Telecommunica- 10
tion History must be transferred to the museum established in terms of subsection (1).
(4) The Minister must, after consultation with the cabinet member responsible for
government communications, establish a centre for government departments and
entities to communicate with the public to ensure efficiency in administrative services.
(5) The centre must also serve as the directory of contact using SMS and other related 15
services.
(6) The Authority must allocate a four-digit number through which the public can
access government directory information services free of charge.
(7) The cost of providing the government directory information service must be borne
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by the licensee.
E-rate
73. (1) Internet services, provided to all public schools as defined in the South African
Schools Act, 1996 (Act No. 84 of 1996), and all public further education and training
institutions as defined in the Further Education and Training Act, 1998 (Act No. 98 of
1998), must be provided at a minimum discounted rate of 50% off the total charge levied
by the licensee providing Internet services to such institutions.
(2) The discount is applicable of the total charge levied by the licensee which includes
but is not limited to the following:
(a) Any connectivity charges for access to the Internet;
(b) charges for any equipment used for or in association with connectivity to the
Internet; and
(c) all calls made to an Internet Service Provider.
(3) Where the licensee, who provides Internet services to the institutions as
contemplated in subsection (1), obtains its electronic communications facilities for the
provision of Internet services from a electronic communications network service
licensee, the licensee is entitled to a minimum of 50% off the retail rate charged to it by
the electronic communications network service licensee for the facilities in question.
(4) The implementation of this section must be in the manner prescribed.
(5) The Minister may, in consultation with the Minister responsible for Education,
declare categories of independent schools or private further education and training
institutions to be entitled to the discount mentioned in subsection (1).
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Offences and penalties
74. (1) Any natural person, juristic person or licensee who contravenes or fails to
comply with any licence condition contained in the licence, is guilty of an offence and
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is liable on conviction to the penalties set out in subsection (2).
(2) Any natural person, juristic person or licensee who contravenes or fails to
materially comply with any specific terms and conditions contained in the licence
relating to construction or placing into service of electronic communications facilities or
electronic communications networks, is guilty of an offence and upon conviction, such
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natural person, juristic person or licensee must outsource—