~ 10 No. 22889 Act No. 64,2001 GOVERNMENT GAZETIE, ~-~ ~~~~ ~ 30 NOVEMBER 2001 TELECOMMUNICATIONS AMENDMENT ACT. 2001 which existed immediately prior to the commencement of this Act, for the conveyanceor provision 'of electricity,telecommunications,pipelines, railways, transport or electrical substations. (b) Every servitude is hereby extended so as to include the additional rightto use thelandtowhichsuchservituderelatesfor purposes of providingapublic switched telecommunicationservice or network by I means of telecommunication facilities. (c) Eskom may allow anyof itssubsidiaries in respect of Eskom servitudes to(i)utiliseaservitude in respect of theadditionalright referred toin paragraph (b) on such terms and conditions as may be agreed upon between Eskom and the subsidiary; (ii) allow any third party in which Eskom has an equity interest to utilise I the servitude in respect of that additional right on such terms and conditions as may be agreed upon between the parties;or (iii) utilise a servitude in respect of that additional rightin order to provide public switched teleconununication servicesany tothird party on such terms and conditions a:; may be agreed upon betweenthe parties. (d) Compensation as contemplated in section 25(3) of the Constitution shall be payableby the party exercising theadditional right as contemplated in paragraph (b)to the registered land-owner concerned, to theextent that the servitude becomes more onerousthan the original servitude. ( e ) Notice of the exercise or use of the right in terms of paragraph (c) shall be given in writing to the registered owner of the land concerned, either by personal service or by pre-paidregistered post, and the compensation contemplatedin paragraph (d) shall be payable and shallbe assessed as at the date of such notice. (f) Sections 9, 10, 11, 12(3), 12(5), 14 and 15 of the Expropriation Act, 1975 (Act No. 63 of 1975), shall with the necessary changes beapplicable in respect of any compensatilon claim, compensationoffer and the payment and determinationof such compensation. (g) The Registrarof Deeds shall make such entries or endorsementsin or on any relevant title deedor other documents in theoffice of the Registra or submitted to the Registrar, as may be necessary for the purposes of paragraph (c). ( h ) No fees or other levies shall be payable in respect of entries 01 endorsements contemplated in paragraph (8). (i) Paragraphs (c), (d), (e), (f), (8) and (h) apply with the necessary changes to Transnet and its subsidiaries licensed in terms of this Act and the South African Rail Commuter Corporation Limited. 5 10 15 20 25 30 35 40 Sentech 32C. (1) With effect from 7 May 2002, Sentech Limited referred to in section 4 of the SentechAct, 1996 (Act No. 63 of 1996), shallbe granted a licence to provide( a ) an international telecormunication gatewayserviceenabling it to operate as a carrier of carriers; and (b) multimedia services to any person who requests such service. (2) Sentech shall provide the multimedia serviceas a common carrieron a reasonable, equitableand non-discriminatory basis. (3) In respect of the granti:ng of other multimedia serviceslicences(a) the Minister shall invite applications on a date to befixed by the Minister by notice in the Gazette; and (b) section 34(2)(b) and ( c ) apply with the necessary changes. (4) On or before 31 December 2001, the Authority shall publish in the Gazette draft licences, which shall include proposed conditions on which Sentech Limited must provide the services contemplatedin subsection (1). (5) Within 30 days of the publication referred to in subsection (4), Sentech Limited and any interested party may submit written comments to the Authorityin connection with the proposed conditions to the licence. (6) After due considerationof the commentscontemplated in subsection (5),if any, the Authority shall :finalise the licences and issue themSentech to with effect from 7 May 2002. 45 50 55 I 6o I