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30%, or such other conditions or higher percentage as may be prescribed
under section 4(3)(k) of the ICASA Act;’’; and
(b) by the substitution in subsection (6) for paragraph (b) of the following
paragraph:
‘‘(b) may impose such additional terms and conditions as may be
prescribed in terms of section 8(3) and make a designation
contemplated in section 8(4).’’.
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Amendment of section 10 of Act 36 of 2005
8. Section 10 of the principal Act is hereby amended by the substitution in subsection
(1) for paragraph (h) of the following paragraph:
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‘‘(h) if the amendment is [in pursuance of and] in accordance with [the
regulations made under] Chapter 10 and any regulations that have been
made under it.’’.
Amendment of section 13 of Act 36 of 2005
9. Section 13 of the principal Act is hereby amended—
(a) by the substitution for subsections (1) and (2) of the following subsections,
respectively:
‘‘(1) An individual licence may not be let, sub-let, assigned, ceded or
in any way transferred, and the control of an individual licence may not
be assigned, ceded or in any way transferred, to any other person without
the prior written permission of the Authority.
(2) An application for permission to let, sub-let, assign, cede or in any
way transfer an individual licence, or assign, cede or transfer control of
an individual licence may be made to the Authority in the prescribed
manner.’’;
(b) by the substitution in subsection (3) for paragraph (a) of the following
paragraph:
‘‘(a) promote the ownership and control of electronic communications
services by historically disadvantaged groups and to promote
broad-based black economic empowerment; or’’; and
(c) by the addition of the following subsection:
‘‘(6) The provisions of section 9(2) to (6) apply, with the necessary
changes, to this section.’’.
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Amendment of section 16 of Act 36 of 2005
10. Section 16 of the principal Act is hereby amended—
(a) by the substitution for subsections (1) and (2) of the following subsections,
respectively:
‘‘(1) The Authority may, upon receipt of a written registration in the
manner prescribed and satisfying the conditions provided for in section
5(8), [grant] issue a class licence, provided that the class licences
obtained by one person do not collectively assume the scope or coverage
of an individual licence.
(2) Registration for a class licence may be submitted [at any time] in
the manner prescribed by the Authority.’’; and
(b) by the substitution for subsection (6) of the following subsection:
‘‘(6) No class licence may be ceded, let, sub-let or transferred without
the prior written approval of the Authority, provided that if the Authority
has not refused or denied the cession, let, sublet or transfer within 30
days after notice has been given to the Authority, approval shall be
considered to have been given.’’.
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