8
(s) by the substitution in the definition of ‘‘reseller’’ for paragraph (a) of the
following paragraph:
‘‘(a) acquires, through lease or other commercial arrangement, [by] any
electronic communications network service or electronic commu5
nications service; and’’;
(t) by the substitution for the definition of ‘‘service charter’’ of the following
definition:
‘‘ ‘service charter’ means a document, developed by a licensee after
consultation with its staff, subscribers and end-users which sets out the
standards of service subscribers and end-users can expect and is a 10
performance measurement and accountability tool that focuses on
subscriber and end-user service outcomes;’’;
(u) by the insertion after the definition of ‘‘service charter’’ of the following
definition :
‘‘ ‘service licence’ means a licence authorising the holder to provide any 15
service contemplated in Chapter 3;’’; and
(v) by the substitution for the definition of ‘‘universal service’’ of the following
definition:
‘‘ ‘universal service’ means the universal provision of electronic
communications network services, electronic communications services 20
and broadcasting services as determined from time to time in terms of
Chapter 14;’’.
Amendment of section 2 of Act 36 of 2005, as amended by section 2 of Act 37 of 2007
2. Section 2 of the principal Act is hereby amended by the substitution for paragraph
25
(h) of the following paragraph:
‘‘(h) promote [the] broad-based black economic empowerment [of historically
disadvantaged persons, including Black people], with particular attention
to the needs of women, opportunities for youth and challenges for [people]
persons with disabilities;’’.
Amendment of section 3 of Act 36 of 2005, as amended by section 3 of Act 37 of 2007 30
3. Section 3 of the principal Act is hereby amended—
(a) by the substitution in subsection (1), for paragraph (e) of the following
paragraph:
‘‘(e) guidelines for the determination by the Authority of licence fees and
spectrum fees associated with the award of the licences contem- 35
plated in Chapter 3 and Chapter 5, including incentives that may
apply to individual licences where the applicant makes binding
commitments to construct electronic communications networks and
provide electronic communications services in rural and under40
serviced areas of the Republic;’’;
(b) by the substitution for subsection (2) of the following subsection:
‘‘(2) The Minister may, subject to subsections (3) and (5), issue to the
Authority or, subject to subsection (5), issue to the Agency policy
directions consistent with the objects of this Act, national policies and of
the related legislation in relation to—
45
(a) the undertaking of an inquiry in terms of section 4B of the ICASA
Act on any matter within the Authority’s jurisdiction and the
submission of reports to the Minister in respect of such matter;