8 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 CHAPTER 14 UNIVERSAL SERVICE AND ACCESS AGENCY OF SOUTH AFRICA 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. Continued existence of Universal Service Agency Functions of Board Functions of Agency CEO and staff of Agency Financing of Agency Banking account Annual and other reports Continued existence and control of Universal Service Fund Application of money in Universal Service and Access Fund Contributions to Universal Service and Access Fund Competitive tender for universal service and access projects Accounts of Universal Service and Access Fund CHAPTER 15 5 10 15 TRANSITIONAL PROVISIONS 92. 93. 94. 95. 96. 97. 98. Existing licences Licence conversion Conflicts Existing regulations Application of Act Repeal and amendment of laws Short title and commencement 20 SCHEDULE CHAPTER 1 25 INTRODUCTORY PROVISIONS Definitions 1. In this Act, unless the context indicates otherwise— ‘‘affiliate’’ means with respect to any person, any other person that, directly or indirectly— (a) controls the first mentioned person; (b) is controlled by the first mentioned person; or (c) is under common control, with the first mentioned person; ‘‘Agency’’ means the Universal Service and Access Agency of South Africa established by section 80; ‘‘Authority’’ means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000); ‘‘broadcasting’’ means any form of unidirectional electronic communications intended for reception by— (a) the public; (b) sections of the public; or (c) subscribers to any broadcasting service, whether conveyed by means of radio frequency spectrum or any electronic communications network or any combination thereof, and ‘‘broadcast’’ is construed accordingly; ‘‘Broadcasting Act’’ means the Broadcasting Act, 1999 (Act No. 4 of 1999); ‘‘broadcasting service’’ means any service which consists of broadcasting and which service is conveyed by means of an electronic communications network, but does not include— 30 35 40 45 50

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