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Amendment of section 87 of Act 36 of 2005
40. Section 87 of the principal Act is hereby amended by the substitution for
subsection (2) of the following subsection:
‘‘(2) All money received, the amounts of which in terms of subsection (1) must
be credited to to the Universal Service and Access Fund in the books of the Agency,
must be paid into the National Revenue Fund established by section [185] 213 of
the Constitution.’’.
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Amendment of section 88 of Act 36 of 2005
41. Section 88 of the principal Act is hereby amended—
(a) by the substitution in subsection (1) for paragraphs (a) and (b) of the following
paragraphs, respectively:
‘‘(a) for the assistance of needy persons towards the cost of the provision
to, or the use by, them of broadcasting, electronic communications
network services and electronic communications services;
(b) subject to subsection (2), to any [broadcasting service licensee
and] electronic communications network service licensee for the
purpose of financing the construction or extension of electronic
communications networks in underserviced areas as prescribed;’’;
(b) by the deletion in subsection (1) of paragraph (c);
(c) by the substitution in subsection (1)(d) for the words preceding subparagraph
(i) of the following words:
‘‘to schools and [further education and training institutions] colleges
as defined in or established, declared or registered in terms of the South
African Schools Act, 1996 (Act No. 84 of 1996), and the Further
Education and Training Colleges Act, [1998 (Act No. 98 of 1998)] 2006
(Act No. 16 of 2006), respectively, for the procurement of broadcasting
and electronic communications services and access to electronic
communications networks: Provided that—’’;
(d) by the deletion in subsection (1)(d) of subparagraph (i);
(e) by the substitution in subsection (1)(d)(ii) for the words preceding item (aa) of
the following words:
‘‘in the case of independent schools and [independent further
education and training institutions] private colleges—’’;
(f) by the substitution in subsection (1) for paragraph (e) of the following
paragraph:
‘‘(e) for the establishment and operation of [broadcasting services and
for the establishment and operation] community centres, including training of and the payment of allowances to personnel of
centres, where access can be obtained to electronic communications
[networks] network services, electronic communications services
and broadcasting services.’’;
(g) by the addition to subsection (1) of the following paragraph:
‘‘(f) as may be prescribed by regulation by the Minister, with the
concurrence of the Minister of Finance.’’;
(h) by the insertion after subsection (1) of the following subsection:
‘‘(1A) The Agency must at least every two years, after obtaining
public participation, determine by notice in the Gazette, for the purposes
of payments referred to in subsection (1), the manner in which
applications must be made and the manner in which subsidies will be
paid.’’; and
(i) by the substitution for subsections (3) and (4) of the following subsections,
respectively:
‘‘(3) The Authority must at least [bi-annually] every two years review
and update, the prescribed definition of under-serviced area and the list
of designated under-serviced areas eligible for construction payments
from the Universal Service and Access Fund.
(4) [The Minister may] The Agency must at least every two years,
after obtaining public participation, make recommendations to enable
the Minister to determine by notice in the Gazette, for the purposes of
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