106 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (3) Subsidies paid from the Universal Service and Access Fund in terms of section 88 must be financed from money appropriated by Parliament for that purpose. (4) The Universal Service and Access Fund must be administered by the Agency subject to the control and in accordance with the instructions of the Minister. Application of money in Universal Service and Access Fund 88. (1) The money in the Universal Service and Access Fund must be utilised exclusively for the payment of subsidies— (a) for the assistance of needy persons towards the cost of the provision to, or the use by, them of broadcasting and electronic communications services; (b) subject to subsection (2), to any broadcasting service licensee and electronic communications network service licensee for the purpose of financing the construction or extension of electronic communications networks in underserviced areas as prescribed; (c) to public schools and public further education and training institutions as defined in the South African Schools Acts, 1996 (Act No. 84 of 1996), and the Further Education and Training Act, 1998 (Act No. 98 of 1998), respectively, for the procurement of broadcasting and electronic communications services and access to electronic communications networks; (d) to schools and further education and training institutions as defined in the South African Schools Acts, 1996 (Act No. 84 of 1996), and the Further Education and Training Act, 1998 (Act No. 98 of 1998), respectively, for the procurement of broadcasting and electronic communications services and access to electronic communications networks: Provided that— (i) in the case of public schools, they are recognised by their provincial Departments of Education as falling into the lowest three quintiles for socio-economic redress in terms of the National Norms and Standards for School Funding (1998); and (ii) in the case of independent schools and independent further education and training institutions— (aa) they are registered with the Commissioner for Inland Revenue as public benefit organisations in terms of section 10(1)(cN) of the Income Tax Act, 1962 (Act No. 58 of 1962); and (bb) they are registered with their provincial Departments of Education or the National Department of Education (as the case may be) for the receipt of state subsidies; (e) for the establishment and operation of broadcasting services and for the establishment and operation, including training of and the payment of allowances to personnel of centres where access can be obtained to electronic communications networks. (2) The Authority must, by regulation, for purposes of subsection (1)(b), define under-serviced areas. (3) The Authority must at least bi-annually review and update, the prescribed definition of under-serviced area and the list of designated under-serviced areas eligible for construction payments from the Universal Service and Access Fund. (4) The Minister may, for the purposes of payments referred to in subsection (1)(a), by notice in the Gazette determine— (a) types of needy persons to whom assistance may be given; (b) the persons who must apply for assistance and the manner in which such applications must be made; (c) the manner in which and persons to whom subsidies may be paid. 5 10 15 20 25 30 35 40 45 50 Contributions to Universal Service and Access Fund 89. (1) Subject to subsection (3), every holder of a licence granted or considered to have been granted in terms of Chapter 3 must pay, in addition to any other fees contemplated in this Act or the related legislation, the prescribed annual contributions of 55 the licensee’s licensed activity to the Universal Service and Access Fund.