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10
No. 22889
Act No. 64,2001
GOVERNMENT
GAZETIE,
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30 NOVEMBER 2001
TELECOMMUNICATIONS AMENDMENT ACT. 2001
which existed immediately prior to the commencement of this Act, for the
conveyanceor provision 'of electricity,telecommunications,pipelines,
railways, transport or electrical substations.
(b) Every servitude is hereby extended so as to include the additional
rightto use thelandtowhichsuchservituderelatesfor
purposes of
providingapublic switched telecommunicationservice or network by I
means of telecommunication facilities.
(c) Eskom may allow anyof itssubsidiaries in respect of Eskom
servitudes to(i)utiliseaservitude
in respect of theadditionalright referred toin
paragraph (b) on such terms and conditions as may be agreed upon
between Eskom and the subsidiary;
(ii) allow any third party in which Eskom has an equity interest to utilise I
the servitude in respect of that additional right on such terms and
conditions as may be agreed upon between the parties;or
(iii) utilise a servitude in respect of that additional rightin order to provide
public switched teleconununication servicesany
tothird party on such
terms and conditions a:; may be agreed upon betweenthe parties.
(d) Compensation as contemplated in section 25(3) of the Constitution
shall be payableby the party exercising theadditional right as contemplated
in paragraph (b)to the registered land-owner concerned, to theextent that
the servitude becomes more onerousthan the original servitude.
( e ) Notice of the exercise or use of the right in terms of paragraph (c)
shall be given in writing to the registered owner of the land concerned,
either by personal service or by pre-paidregistered
post, and the
compensation contemplatedin paragraph (d) shall be payable and shallbe
assessed as at the date of such notice.
(f) Sections 9, 10, 11, 12(3), 12(5), 14 and 15 of the Expropriation Act,
1975 (Act No. 63 of 1975), shall with the
necessary changes beapplicable
in respect of any compensatilon claim, compensationoffer and the payment
and determinationof such compensation.
(g) The Registrarof Deeds shall make such entries or endorsementsin or
on any relevant title deedor other documents in theoffice of the Registra
or submitted to the Registrar, as may be necessary for the purposes of
paragraph (c).
( h ) No fees or other levies shall be payable in respect of entries 01
endorsements contemplated in paragraph
(8).
(i) Paragraphs (c), (d), (e), (f), (8) and (h) apply with the necessary
changes to Transnet and its subsidiaries licensed in terms
of this Act and the
South African Rail Commuter Corporation Limited.
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Sentech
32C. (1) With effect from 7 May 2002, Sentech Limited referred to in
section 4 of the SentechAct, 1996 (Act No. 63 of 1996), shallbe granted a
licence to provide( a ) an international telecormunication gatewayserviceenabling it to
operate as a carrier of carriers; and
(b) multimedia services to any person who requests such service.
(2) Sentech shall provide the multimedia serviceas a common carrieron
a reasonable, equitableand non-discriminatory basis.
(3) In respect of the granti:ng of other multimedia serviceslicences(a) the Minister shall invite applications
on a date to befixed by the
Minister by notice in the Gazette; and
(b) section 34(2)(b) and ( c ) apply with the necessary changes.
(4) On or before 31 December 2001, the Authority shall publish in the
Gazette draft licences, which shall include proposed conditions on which
Sentech Limited must provide the services contemplatedin subsection (1).
(5) Within 30 days of the publication referred to in
subsection (4),
Sentech Limited and any interested party may submit written comments to
the Authorityin connection with the proposed conditions to the licence.
(6) After due considerationof the commentscontemplated in subsection
(5),if any, the Authority shall :finalise the licences and issue themSentech
to
with effect from 7 May 2002.
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