108
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(2) The Authority must prescribe—
(a) the basis and manner of determination of such contributions, which must not
exceed 1 per cent of the licensee’s annual turnover or such other percentage of
the licensee’s annual turnover as may be determined by the Minister after
5
consultation with the affected parties, by notice in the Gazette; and
(b) the dates when such contributions become payable and the manner in which
they may be paid.
(3) Broadcasting service licensees contributing to the Media Development and
Diversity Agency (‘‘MDDA’’) must have their annual MDDA contribution set off
against their prescribed annual contribution to the Universal Service and Access Fund. 10
Competitive tender for universal service and access projects
90. (1) The Agency must provide incentives to electronic communications network
service licensees to construct, operate and maintain electronic communications
networks in under-serviced areas through the award of project grants.
(2) The Agency must, in consultation with the Authority—
(a) publish a notice in the Gazette stating its intention to award one or more
project grants and invite interested electronic communications network
service licensees to submit proposals;
(b) identify the targeted under-serviced area or under-serviced areas where
project grants will be awarded and determine—
(i) the time and place for submitting proposals;
(ii) the scope of the projects which may vary according to the needs of the
targeted under-serviced area or under-serviced areas;
(iii) the criteria for evaluating proposals;
(iv) the projected cost of the proposed project; and
(v) such other matters as may be helpful in securing qualified proposals.
(3) The criteria for evaluating proposals may take into consideration—
(a) the objects of this Act set out in section 2;
(b) the scope of the electronic communications network service licensee’s
proposal, including the electronic communications network proposed for
construction in the under-serviced area and the technologies proposed;
(c) any electronic communications services the electronic communications
network service licensee proposes to offer in terms of its electronic
communications network service licence and, as applicable, any electronic
communications service licence or other licence held by the electronic
communications network service licensee;
(d) the terms and conditions relating to any proposed services, including
wholesale and retail pricing, taking into account the lack of competitive
electronic communications networks and services in the targeted underserviced area; and
(e) such other matters as the Agency, in consultation with the Authority, finds
appropriate for the targeted under-serviced area.
(4) The subsidy for project grants must be paid out of the Universal Service and
Access Fund.
(5) The Agency must supervise the execution of projects awarded under subsection
(1).
15
20
25
30
35
40
45
Accounts of Universal Service and Access Fund
91. (1) The Agency must—
(a) cause full records to be kept of the transactions of the Universal Service and
50
Access Fund;
(b) as soon as possible, but not later than three months after 31 March in each
year, cause the books and accounts relating to such transactions to be balanced
as at that date and thereafter prepare a statement showing in all necessary
detail—