108 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (2) The Authority must prescribe— (a) the basis and manner of determination of such contributions, which must not exceed 1 per cent of the licensee’s annual turnover or such other percentage of the licensee’s annual turnover as may be determined by the Minister after 5 consultation with the affected parties, by notice in the Gazette; and (b) the dates when such contributions become payable and the manner in which they may be paid. (3) Broadcasting service licensees contributing to the Media Development and Diversity Agency (‘‘MDDA’’) must have their annual MDDA contribution set off against their prescribed annual contribution to the Universal Service and Access Fund. 10 Competitive tender for universal service and access projects 90. (1) The Agency must provide incentives to electronic communications network service licensees to construct, operate and maintain electronic communications networks in under-serviced areas through the award of project grants. (2) The Agency must, in consultation with the Authority— (a) publish a notice in the Gazette stating its intention to award one or more project grants and invite interested electronic communications network service licensees to submit proposals; (b) identify the targeted under-serviced area or under-serviced areas where project grants will be awarded and determine— (i) the time and place for submitting proposals; (ii) the scope of the projects which may vary according to the needs of the targeted under-serviced area or under-serviced areas; (iii) the criteria for evaluating proposals; (iv) the projected cost of the proposed project; and (v) such other matters as may be helpful in securing qualified proposals. (3) The criteria for evaluating proposals may take into consideration— (a) the objects of this Act set out in section 2; (b) the scope of the electronic communications network service licensee’s proposal, including the electronic communications network proposed for construction in the under-serviced area and the technologies proposed; (c) any electronic communications services the electronic communications network service licensee proposes to offer in terms of its electronic communications network service licence and, as applicable, any electronic communications service licence or other licence held by the electronic communications network service licensee; (d) the terms and conditions relating to any proposed services, including wholesale and retail pricing, taking into account the lack of competitive electronic communications networks and services in the targeted underserviced area; and (e) such other matters as the Agency, in consultation with the Authority, finds appropriate for the targeted under-serviced area. (4) The subsidy for project grants must be paid out of the Universal Service and Access Fund. (5) The Agency must supervise the execution of projects awarded under subsection (1). 15 20 25 30 35 40 45 Accounts of Universal Service and Access Fund 91. (1) The Agency must— (a) cause full records to be kept of the transactions of the Universal Service and 50 Access Fund; (b) as soon as possible, but not later than three months after 31 March in each year, cause the books and accounts relating to such transactions to be balanced as at that date and thereafter prepare a statement showing in all necessary detail—