16 GOVERNMENT No. GAZETTE, 22889 Act No. 64,2001 30 NOVEMBER 2001 TELECOMMUNICATIONS AMENDMENT ACT. 2001 ( b ) In the consideration of applications in terms of this section, due regard shall be given to applications(i) by persons from historkally disadvantaged groups; and (ii) from applicants which are managed and controlled, or owned, by women. 5 (3) An under-serviced area licensee shall provide any telecommunication services, including voice over internet protocol services, fixed-mobile services and public pay telephones, in respect of the area to which the licence applies. (4) Under-serviced area licences granted by the Minister shall become 10 effective after 7 May 2002. ( 5 ) All under-serviced area licences granted under this section shall be issued on materially the same terms and conditions. (6) Under-serviced area licensees may by agreement obtain interconnection to the networks of public switched telecommunication service 15 licensees and mobile cellular operators, and through the national longdistance telecommunication service of a public switched telecommunication service licensee to the international telecommunication gateway of a carrier of carrier’s licensee, if such agreement complies with(a) section 43 and any regulations prescribed to give effect to that section; 20 and ( 6 ) the prescribed terms and conditions, including price,in terms of which under-serviced area licensees may obtain such interconnection.”. Amendment of section 41 of Act 103 of’1996 17. Section 41 of the principal Act is hereby amended(a) by the substitution in subsection (1) for paragraphs (a) and (b)of the following paragraphs: “ ( a ) A person providing a telecommunication network for purposes principally or integrally related to the operations of such person (hereinafter referred to as a private telecommunication network), shall, notwithstanding the provisions of sections 32(1) and 33(1) and regardless of whether or not such network is utilised by means of telecommunication facilities made available by Telkom, or the second national operator, not require a licence exceptas contemplated in paragraph (b). (b) A private telecommunication network licence shall, subject to the regulations, be required for the provision of a private telecommunication network, where such netMrork is interconnected to the telecommunication system of Telkom or :my other person providing apublic switched telecommunication [network] service.”; (b) by the deletion of subsection (!); and (c) by the addition of the following subsections: “( 10) (a) The Minister :shall, with the concurrence of the Minister of Education, establish an entity to construct and operate an educational network. (6)The entity contemphted in paragraph (a) shall be deemed to have been granted a private telecommunications network licence to link all public schools and public further education and training institutions defined in the SouthAfrican Schools Act,1996 (Act No. 84 of 1996), and the Further Education and Training Act, 1998 (Act NO. 98 of 1998), respectively, as well as such other education and training institutions as may be determined by the Minister of Education. (11) (a) The Minister shall, with the concurrence of the Minister of Transport, establish an lmtity to construct and operate a private telecommunication netwo1.k to fulfil South Africa’s obligations in terms of(i) the International Convention for the Safety of Life at Sea (SOLAS) 1974178; (ii) Annexure 12 to the Convention on International Civil Aviation, signed by South Africa on 7 December 1944 in Chicago; and (iii) the International Convention on Maritime Searchand Rescue, 1979. 25 30 35 40 I 45 50 55 ~ i 60