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(2) The terms and conditions of appointment of members who may be
from the public and private sector, including allowances, composition and
meetings applicable to the Council by virtue of its appointment in terms of
subsection (1), must be as determined by the Minister.
(3) The Council must report to and advise the Minister on broadband
policy and implementation and must, where required to do so by the
Minister, perform the following functions:
(a) Coordinate overall broadband implementation by government at
national, provincial and local government levels;
(b) facilitate the monitoring and measurement of broadband penetration in
South Africa;
(c) develop a broadband implementation plan that supports the Broadband Policy for South Africa which plan must include, without
limitation, skills development, research and development of broadband priority areas;
(d) advise the Minister and the Minister of Finance on government
investment in electronic communications facilities and networks that
contribute to broadband at national, provincial and local government
level to avoid unnecessary duplication;
(e) recommend measures to increase uptake and usage of broadband as
well as enhance public awareness on the benefits of broadband; and
(f) annually survey and evaluate the status of broadband penetration in
the Republic including, without limitation, household broadband
penetration and electronic communications network connectivity to
municipalities and broadband providers.’’.
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Substitution of section 73 of Act 36 of 2005
33. The following section is hereby substituted for section 73 of the principal Act:
‘‘E-rate
73. (1) Internet services, provided to all public health establishments
defined in the National Health Act, 2003 (Act No. 61 of 2003), all public
and independent schools as defined in the South African Schools Act, 1996
(Act No. 84 of 1996), all public and private colleges and all public and
private further education and training institutions [as defined in] established, declared or registered in terms of the Further Education and Training
Colleges Act, [1998 (Act No. 98 of 1998)] 2006 (Act No. 16 of 2006), and
all public and private higher education institutions defined in the Higher
Education Act, 1997 (Act No. 101 of 1997), must be provided at a
minimum discounted rate of 50% off the total charge levied by the
electronic communications service licensee providing Internet services to
such institutions.
(2) The discount is applicable [of] to the total charge levied by the
electronic communications service licensee which includes but is not
limited to the following:
(a) Any connectivity charges for access to the Internet;
(b) charges for any [equipment] electronic communications facilities
used for or in association with connectivity to the Internet; and
(c) [all calls made to an Internet Service Provider] all call charges for
access to the Internet.
(3) Where the electronic communications service licensee, who provides
Internet services to the institutions and schools as contemplated in
subsection (1), obtains its electronic communications facilities for the
provision of Internet services from [a] an electronic communications
network service licensee, the licensee is entitled to a minimum of 50% off
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