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No. 22889
Act No. 64,2001
GOVERNMENT
GAZETTE,
30 NOVEMBER 2001
TELECOMMUNICATIONS AMENDMENT ACT, 2001
(ii) For purposesof this paragraph commercially sensitive documents
or information or other matter reasonably justifyingconfidentiality shall
exclude documents or information that was or becomes,
or as a matter of
law should be, generally available to the public.”.
Substitution of section 35 of Act 103 oft 1996
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9. The following section is hereby substituted for section 35of the principal Act:
“Decision on applications
35. (1) The Authorityshall, after having duly consideredany application
for a licence made in terms of this Act and any written submissions in
relation to the applications that may be called for by the Authority and
submitted to the Authority within the period determined by the Authority( a ) in thecase ofanapplication
foralicencereferredto
in section
34(2)(a),makeits
recsDmmendation to the Minister, and propose
licence conditions; and
(b) in the case of any other licence application, notify the applicant of its
decision, the reasons therefor and the licence conditions.
(2) The Minister may in respect of a recommendation by the Authority
contemplated in subsection (1)( a ) acceptit;
(b) request further information from the Authority;
(c) refer it back to the Authority for further consideration; or
(d) reject it.
(3) In the consideration of applications in terms of this Act, due regard
shall be given to application:(a) by persons from historically disadvantaged groups; and
(b) which promote the empowerment and advancement of women in the
telecommunication industry.
(4) Without derogating from subsection (3), in the evaluation of equity
ownership held by persons from historically disadvantaged groups orheld
by women inan application for a licence in terms
of this Act, theAuthority
shall give due preference forup to 30% of such equity ownership or such
higher equity ownership percentage as maybe prescribed.
(5) Subject to section36(5), a licence shall be granted on conditions
appropriate to the licence artd consistent with the objects referred to in
section 2 and the other provi:;ions of this Act.
(6) The Authority shall, where the application
has been granted, issuethe
licence in question to the applicant.
(7) Any licence granted int1:rms of this section, shall become effective on
the date specified therein.
(8) Nothing in this section derogates from the rights
of an applicant tobe
furnished with reasons for a decision under the Promotionof Administrative Justice Act, 2000 (Act ND. 3 of 2000).”.
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Insertion of section 35A in Act 103 of 1996
10. The following section is hereby ins1:rted in the principal Act after section35:
“Alternative licensing methods
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35A. (1) Notwithstanding sections 34 and 35(a) in the case of a licence referred to section 34(2), the Minister may in
specific instances determine the manner in
which applications may be
made, such as by way of’auction or tender, or both, andthe licensing
process and the licensing conditions
that will apply;
and
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( b ) for all other licences,the Authority may in specific instances prescrii
the licensing conditions $at will apply.”.