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No. 22889
GOVERNMENT GAZETTE, 30 NOVEMBER 2001
Act No. 64,2001
TELECOMMUNICATIONS AMENDMENT ACT, 200 1
(2) The systems contemplated in subsection (1) shall not include
telecommunication equipment located on thepremises of a customer,
unless it is meant for public pay-telephones or mobile telecommunications
on the premises of a customc?”.
Substitution of section 37 of Act 103 of’1996
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12. The following section is hereby substituted for section 37 of the principal Act:
“Mobile cellular telecommunication services
37. (1) @) Vodacom (Pty.:, Ltd. and Mobile Telephone Networks (Pty.)
Ltd., companies incorporated in terms of the Companies Act,1973 (Act No.
61 of 1973), shall each be deemedto be the holder of a licence in termsof 10
this Act to provide a mobile cellular telecommunication service in
accordance with the terms and conditions of the telecommunications
licences and multiparty implementation agreement published under Cieneral Notice No. 1078 of 29October 1993:Provided that each such company
shall apply to theMinister through the Authority within six months after the 15
date of commencement of this Act, or such extendedperiod as the Authority
may allow, for such a licence and the Minister shall grant the application
and the Authority shall issue .:o that company a licence which shall, subject
to section 42(3)(a), incorporate those terms and conditions.
[(Z)(a)An invitation con1.emplatedin section 34(2) shallbe issued in 20
accordance with the provisions of paragraph(b).
(b) The Authority shall, within two years
after the commencement of
this Act, conduct an enquiry in terms of section 27 into the economic
feasibility of the provision of more than two mobile cellular telecommunicationservicesandmakeknown
its findingbynoticeinthe
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Gazette,and,if it findsthattheprovisionofmorethantwosuch
services is feasible, recommend that the Minister invite applications
for
the grant of a licence to provide such service.
(c) If the Minister follows that recommendation the provisions of
sections 34 and 35 shall apply.]
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(b)Cell C (Pty.) Ltd., a company incorporated interms of the Companies
Act, 1973 (Act No. 61 of 1973), shall be the holder of a licence in termsof
this Act to provide a mobile cellular telecommunication service in
accordance with the terms and conditions as specified in its licence issued
to it by the Authority on 25 June 2001.
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[(d)](2) A licence contemplated in [paragraph (a)]subsection (1) shall
c o n t a i n a condition prohibiting the mobile cellular telecommunication
service in question, until a date to be fixed by the Minister by notice in the
Gazette, from utilising anyfixed lines which may be required forthe
provision of the serviceother than fixed lines made availableby Telkom or 40
any other person providing a public switched telecommunication service.
(3) The holder of a licence in termsof this section shall not berequired
to hold a licence contemplated in section 34(2)(a)(i), (iii) or (iv) or section
39 or 40 to enable him or her to provide the mobile cellular telecommunication service in question.
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(4) (a) Before 31 December 2003 the Minister shall(i) determine, byway of a market study, the feasibility of granting a
mobile cellular telecommunication licence in addition to the licences
refelred to in subsection (1); and
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(ii) by notice in the Gazette, publish the determination.
(b) In conducting the mark<e
Minister shall consider the Republic’s international obligations;
( 5 )If the Minister determines that any additional licencemay be granted,
such licence may be issued after 31 December 2003 in terms of section
34
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”