12 (e) by the substitution for subsection (6) of the following subsection: ‘‘(6) [In consideration of the implementation of the managed liberalisation policies, the] The Authority may only accept and consider applications for individual electronic communications network services licences in terms of a policy direction issued by the Minister in terms of 5 section 3.’’; (f) by the substitution in subsection (8) for paragraph (b) of the following paragraph: ‘‘(b) a juristic person, is[, or will be,] registered under the laws of the Republic and has [or will have] its principal place of business 10 located within the Republic.’’; (g) by the insertion after subsection (8) of the following subsection: ‘‘(8A) Subsection (8) applies with the changes required by the context to any electronic communications service or network service that may be provided, electronic communications network that may be operated and 15 any radio frequency spectrum that may be used, as contemplated in section 6.’’; and (h) by the substitution in subsection (9) for paragraph (b) of the following paragraph: ‘‘(b) promote [the empowerment of historically disadvantaged per- 20 sons] broad-based black economic empowerment including the empowerment of women and the youth and [people] persons with disabilities, in accordance with the requirements of the ICT charter.’’. Amendment of section 8 of Act 36 of 2005 6. Section 8 of the principal Act is hereby amended— (a) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: ‘‘Such standard terms and conditions may [take into account] include, but are not limited to—’’; (b) by the deletion in subsection (2) of the word ‘‘and’’ at the end of paragraph (m), the addition of the expression ‘‘; and’’ at the end of paragraph (n) and the addition of the following paragraph: ‘‘(o) access to broadcasting, postal and electronic communications services for persons with disabilities that include, but are not limited to, services designed to improve accessibility for persons with disabilities, such as videotext, subtitling, audio description and sign language.’’; (c) by the substitution for subsections (3) and (4) of the following subsections, respectively: ‘‘(3) The Authority may prescribe additional terms and conditions that may be applied to any individual licence or class licence [taking into account] subject to the provisions of Chapter 10. (4) The Authority may by regulation make provision for the designation of licensees to whom universal service and universal access obligations are to be applicable and may prescribe additional terms and conditions in respect of the relevant universal service and universal access obligations on such designated licensees.’’; and (d) by the addition of the following subsection: ‘‘(5) The Authority, in exercising its powers and performing its functions in terms of this section, as it relates to universal service and universal access, must exercise such powers and perform such functions after consultation with the Agency and must consider determinations made by the Minister in terms of section 82.’’. Amendment of section 9 of Act 36 of 2005 25 30 35 40 45 50 55 7. Section 9 of the principal Act is hereby amended— (a) by the substitution in subsection (2) for paragraph (b) of the following paragraph: ‘‘(b) include the percentage of equity ownership to be held by persons from historically disadvantaged groups, which must not be less than 60