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(b) the determination of priorities for the development of electronic
communications networks and electronic communications services
or any other service contemplated in Chapter 3;
(c) the consideration of any matter within the Authority’s or Agency’s
jurisdiction reasonably placed before it by the Minister for urgent
consideration;
(d) guidelines for the determination by the Authority of spectrum fees;
and
(e) any other matter which may be necessary for the application of this
Act or the related legislation.’’;
(c) by the substitution for subsection (4) of the following subsection:
‘‘(4) The Authority or the Agency, as the case may be, in exercising its
powers and performing its duties in terms of this Act and the related
legislation must consider policies made by the Minister in terms of
subsection (1) and policy directions issued by the Minister in terms of
subsection (2).’’;
(d) by the substitution for subsection (5) of the following subsection:
‘‘(5) When issuing a policy under subsection (1) or a policy direction
under subsection (2) the Minister—
(a) must consult the Authority or the Agency, as the case may be; and
(b) must, in order to obtain the views of interested persons, publish the
text of such policy or policy direction by notice in the Gazette—
(i) declaring his or her intention to issue the policy or policy
direction;
(ii) inviting interested persons to submit written submissions in
relation to the policy or policy direction in the manner
specified in such notice in not less than 30 days from the
date of the notice;
(c) must publish a final version of the policy or policy direction in the
Gazette.’’; and
(e) by the addition of the following subsection:
‘‘(10) If it is reasonable and justifiable in the circumstances, as
contemplated under the Promotion of Administrative Justice Act, 2000
(Act No. 3 of 2000), the Minister may depart from the time period
specified in subsection (5)(b)(ii).’’.
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10
15
20
25
30
35
Amendment of section 4 of Act 36 of 2005
4. Section 4 of the principal Act is hereby amended by the substitution for subsection
(5) of the following subsection:
‘‘(5) The Authority must, not less than 30 days prior to making regulations,
inform the Minister in writing of its intention and [the subject matter of the] 40
provide the Minister with a copy of the proposed regulations.’’.
Amendment of section 5 of Act 36 of 2005, as amended by section 4 of Act 37 of 2007
5. Section 5 of the principal Act is hereby amended—
(a) by the substitution in subsection (3) for paragraph (b) of the following
paragraph:
45
‘‘(b) commercial broadcasting and public broadcasting of national and
[regional] provincial scope whether provided free-to-air or by
subscription;’’;
(b) by the deletion in subsection (3) of paragraph (d);
(c) by the substitution in subsection (5) for paragraph (b) of the following 50
paragraph:
‘‘(b) community broadcasting [and] or low power services whether
provided free-to-air or by subscription;’’;
(d) by the insertion in subsection (5) after paragraph (b) of the following
paragraph:
55
‘‘(bA) electronic communications services of district municipality or
local municipal scope operated for commercial purposes;’’;