GOVERNMENT GAZETTE. 30 NOVEMBER 200 1
TELECOMMUNICATIONS AMENCMENT ACT, 2001
No. 22889
15
Act No. 64,2001
Amendment of section 38 of Act 103 of 19!)6
13. Section 38 of the principalAct is hereby amended bythe substitution for
subsection (1) of the following subsection:
“( 1) No [person]persons otherthan Tdkom shall be granted a licence to provide
national long-distance telecommunication services until after [a date to be fixed 5
by the Minister by notice in the Gazette] 7 May 2002.”.
Amendment of section 39 of Act 103 of 19!)6
14. Section 39 of the principal Act is herebyamended(a) bythe substitution in subsection (1) forparagraph (a) ofthe following
10
paragraph:
“(a)No [person]persons other thanTelkom shall be granted a licence
to providea local access telecommunication service
until after [a dateto
be fixed by the Minister by notice in the Gazette] 7 May 2002.”; and
(b) bythe substitutioninsubsection
(2) forparagraph ( a ) ofthe following
15
paragraph:
“ ( a )No [person] persons otherthan Telkom shall be granteda licence
to provide a public pay-telephone serviceuntil after [a date to be fixed
by the Minister by notice in the Gazette] 7 May 2002.”;
(c) by the addition to subsection (2) of the following paragraph:
( c ) nothing in this section shall be construedas limiting applications for 20
a licencecontemplatedinparagraph
(a) to public switched
telecommunication services licensees only.”.
Amendment of section 40 of Act 103 of 1996
15. Section 40 of the principal Act is herebyamended(a) by the substitution for subsection ( 2 ) of the following subsection:
“(2) A licence to provide any value-added network services, including, but not limited to, electronic data interchange, [E-mail] electronic
mail, protocolconversion,accesstoadatabase
or amanageddata
network service, shall contain a condition that the service in question
[shall] be provided by means of telecommunication facilities=
0 until 7 May 2002, providedby Telkom or made availableto Telkom
as contemplated in section 44 [until a date to be fixed by the
Minister by notice in the Gazette, and a different date may
be so
fixed in respect of national long-distance facilities];
fb) after 7 May2002,provided byTelkomandthe
secondnational
operator or any of them until a datefixed by the Minister by notice
in the Gazette.”; and
(b) bytheaddition to subsection @)\of thefollowingparagraph,theexisting
subsection becoming paragraph (a):
“(b) Withoutprejudicetoany
rights ofTelkom under its public
switchedtelecommunicationservicelicencewhichexistatthecommencement ofthe TelecommunicationsAmendmentAct,2001,
the
second national operator and t i e licensees contemplated in section 40A
may provide voice over internet protocol after7 May 2002.”.
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30
35
40
Insertion of section 40A in Act 103 of 1996
45
16. The principal Act is hereby amendedby the insertionof thefollowing section after
section 40:
“Under-servicedarea licence
40A. (1) The Minister shall by notice in the Gazette determine those
geographic areas where there is teledensity
of less than 5% and in respect of 1 50
which small businessesmay apply to the Authority for under-serviced area
licences to provide such services or facilities.
(2) ( a )The Authoritymay issue an under-serviced area licence atosmall
business on application in the prt:scribed manner.