GOVERNMENT GAZETTE, 30 NOVEMBER 2001
TELECOMMUNICATIONS AMENDMENT ACT, 2001
No. 22889
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Act No. 64,2001
(7) The holder of a telecommunication servicelicence shall not be
precluded from providing services which are the same as, or similar to
multimedia services, provided that such services fall within the ambitof the
telecommunication service licmce so held.
(8) No person whoprovides the service contemplated in subsection
(1)(b) shall permit such service to be used for the carrying of voice only
until a date to be fixed by the Minister by notice in the Gazette.”.
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Amendment to section 33 of Act 103 of 1996
7.Section 33 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraph (a) of the following paragraph:
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“ ( a ) as contemplated in sections 32C(l)(b), 34(2)(a)(i) to [iv]
and 39 to 41;
and”.
Amendment of section 34 of Act 103 of 11996
8. Section 34 of the principal Act is hereby amended(a) by the deletion in subsection (2)(a)(iv) of the word “or” and by the insertion
(b)
(c)
(d)
(e)
u)
in that subsection of the following subparagraph, the existing ‘subparagraph
(v) becoming subparagraph (vi):
“(v) a multimedia service; or”.
by the substitution in subsection ( 2 ) for paragraphs (b)and (c) of the following
paragraphs, respectively:
“(b)The Minister shall, in an invitation contemplated in paragraph
(a), specify(i) the kind of service in respect of which applications are invited;
(ii) the form in which applications shall be submitted and the manner in
which it is contemplated that the service shall be provided, [or]
the place where and times when [a] a
n
2 document in that regard
may be obtained from the Authority;
(iii) the period within and manner in which such applications shall be
lodged.
(c) Prior to publishing any invitation contemplated in paragraph (a),
the Ministershall consult with the Authority to determine the evaluation
criteria the Authority intends to use in making its recommendation to the
Minister pursuant to section 35(l)(a)(i) and theweighingfactor
applicable to each evaluation criterion and the application of section
35(4) and ( 3 . ” ;
by the substitution in subsection (3) for the words preceding paragraph (a) of
the following words:
“(3) Inthecase
of an application for alicence to providea
telecommunication service rleferred to in subsection (2) or any other
telecommunication service prescribed for thepurposes of this subsection
the Authority [shall] m a y - ” ;
by the addition to subsection (3) olf the following paragraph:
“ ( d ) A hearing contemplated in paragraph (c) may be opento the
public.”.
by the insertion after subsection (3) of the following subsections:
“(3A) The Authority may require an applicant or an interested party
who has lodged written representations in terms of subsection (3) to
furnish the Authority, within the period specified by it, with such further
information as may be reasonably necessary in order to consider the
application.
(3B) No application may be amended or varied afterthe period
contemplated in subsection (2)(b)(iii).”;
by the substitution in subsection (4) for paragraph (b) of the following
paragraph:
“(b) ci)The Authority may, at the request of an applicant or person
who lodgedrepresentations, determine that any document or information
[relating to the financialcaplacity or business plansof any person or
to] that- is commercially s&sit&e or any other matter- reasonably
justifying confidentiality, shall not be open to public inspection, if such
document or information can be separated from theapplication,
representations or other documents in question.
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