32 (2) The terms and conditions of appointment of members who may be from the public and private sector, including allowances, composition and meetings applicable to the Council by virtue of its appointment in terms of subsection (1), must be as determined by the Minister. (3) The Council must report to and advise the Minister on broadband policy and implementation and must, where required to do so by the Minister, perform the following functions: (a) Coordinate overall broadband implementation by government at national, provincial and local government levels; (b) facilitate the monitoring and measurement of broadband penetration in South Africa; (c) develop a broadband implementation plan that supports the Broadband Policy for South Africa which plan must include, without limitation, skills development, research and development of broadband priority areas; (d) advise the Minister and the Minister of Finance on government investment in electronic communications facilities and networks that contribute to broadband at national, provincial and local government level to avoid unnecessary duplication; (e) recommend measures to increase uptake and usage of broadband as well as enhance public awareness on the benefits of broadband; and (f) annually survey and evaluate the status of broadband penetration in the Republic including, without limitation, household broadband penetration and electronic communications network connectivity to municipalities and broadband providers.’’. 5 10 15 20 25 Substitution of section 73 of Act 36 of 2005 33. The following section is hereby substituted for section 73 of the principal Act: ‘‘E-rate 73. (1) Internet services, provided to all public health establishments defined in the National Health Act, 2003 (Act No. 61 of 2003), all public and independent schools as defined in the South African Schools Act, 1996 (Act No. 84 of 1996), all public and private colleges and all public and private further education and training institutions [as defined in] established, declared or registered in terms of the Further Education and Training Colleges Act, [1998 (Act No. 98 of 1998)] 2006 (Act No. 16 of 2006), and all public and private higher education institutions defined in the Higher Education Act, 1997 (Act No. 101 of 1997), must be provided at a minimum discounted rate of 50% off the total charge levied by the electronic communications service licensee providing Internet services to such institutions. (2) The discount is applicable [of] to the total charge levied by the electronic communications service licensee which includes but is not limited to the following: (a) Any connectivity charges for access to the Internet; (b) charges for any [equipment] electronic communications facilities used for or in association with connectivity to the Internet; and (c) [all calls made to an Internet Service Provider] all call charges for access to the Internet. (3) Where the electronic communications service licensee, who provides Internet services to the institutions and schools as contemplated in subsection (1), obtains its electronic communications facilities for the provision of Internet services from [a] an electronic communications network service licensee, the licensee is entitled to a minimum of 50% off 30 35 40 45 50