12
(e) by the substitution for subsection (6) of the following subsection:
‘‘(6) [In consideration of the implementation of the managed
liberalisation policies, the] The Authority may only accept and consider
applications for individual electronic communications network services
licences in terms of a policy direction issued by the Minister in terms of 5
section 3.’’;
(f) by the substitution in subsection (8) for paragraph (b) of the following
paragraph:
‘‘(b) a juristic person, is[, or will be,] registered under the laws of the
Republic and has [or will have] its principal place of business 10
located within the Republic.’’;
(g) by the insertion after subsection (8) of the following subsection:
‘‘(8A) Subsection (8) applies with the changes required by the context
to any electronic communications service or network service that may be
provided, electronic communications network that may be operated and 15
any radio frequency spectrum that may be used, as contemplated in
section 6.’’; and
(h) by the substitution in subsection (9) for paragraph (b) of the following
paragraph:
‘‘(b) promote [the empowerment of historically disadvantaged per- 20
sons] broad-based black economic empowerment including the
empowerment of women and the youth and [people] persons with
disabilities, in accordance with the requirements of the ICT
charter.’’.
Amendment of section 8 of Act 36 of 2005
6. Section 8 of the principal Act is hereby amended—
(a) by the substitution in subsection (2) for the words preceding paragraph (a) of
the following words:
‘‘Such standard terms and conditions may [take into account] include,
but are not limited to—’’;
(b) by the deletion in subsection (2) of the word ‘‘and’’ at the end of paragraph
(m), the addition of the expression ‘‘; and’’ at the end of paragraph (n) and the
addition of the following paragraph:
‘‘(o) access to broadcasting, postal and electronic communications
services for persons with disabilities that include, but are not limited
to, services designed to improve accessibility for persons with
disabilities, such as videotext, subtitling, audio description and sign
language.’’;
(c) by the substitution for subsections (3) and (4) of the following subsections,
respectively:
‘‘(3) The Authority may prescribe additional terms and conditions that
may be applied to any individual licence or class licence [taking into
account] subject to the provisions of Chapter 10.
(4) The Authority may by regulation make provision for the
designation of licensees to whom universal service and universal access
obligations are to be applicable and may prescribe additional terms and
conditions in respect of the relevant universal service and universal
access obligations on such designated licensees.’’; and
(d) by the addition of the following subsection:
‘‘(5) The Authority, in exercising its powers and performing its
functions in terms of this section, as it relates to universal service and
universal access, must exercise such powers and perform such functions
after consultation with the Agency and must consider determinations
made by the Minister in terms of section 82.’’.
Amendment of section 9 of Act 36 of 2005
25
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35
40
45
50
55
7. Section 9 of the principal Act is hereby amended—
(a) by the substitution in subsection (2) for paragraph (b) of the following
paragraph:
‘‘(b) include the percentage of equity ownership to be held by persons
from historically disadvantaged groups, which must not be less than 60