42 Amendment of section 87 of Act 36 of 2005 40. Section 87 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: ‘‘(2) All money received, the amounts of which in terms of subsection (1) must be credited to to the Universal Service and Access Fund in the books of the Agency, must be paid into the National Revenue Fund established by section [185] 213 of the Constitution.’’. 5 Amendment of section 88 of Act 36 of 2005 41. Section 88 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraphs (a) and (b) of the following paragraphs, respectively: ‘‘(a) for the assistance of needy persons towards the cost of the provision to, or the use by, them of broadcasting, electronic communications network services 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;’’; (b) by the deletion in subsection (1) of paragraph (c); (c) by the substitution in subsection (1)(d) for the words preceding subparagraph (i) of the following words: ‘‘to schools and [further education and training institutions] colleges as defined in or established, declared or registered in terms of the South African Schools Act, 1996 (Act No. 84 of 1996), and the Further Education and Training Colleges Act, [1998 (Act No. 98 of 1998)] 2006 (Act No. 16 of 2006), respectively, for the procurement of broadcasting and electronic communications services and access to electronic communications networks: Provided that—’’; (d) by the deletion in subsection (1)(d) of subparagraph (i); (e) by the substitution in subsection (1)(d)(ii) for the words preceding item (aa) of the following words: ‘‘in the case of independent schools and [independent further education and training institutions] private colleges—’’; (f) by the substitution in subsection (1) for paragraph (e) of the following paragraph: ‘‘(e) for the establishment and operation of [broadcasting services and for the establishment and operation] community centres, including training of and the payment of allowances to personnel of centres, where access can be obtained to electronic communications [networks] network services, electronic communications services and broadcasting services.’’; (g) by the addition to subsection (1) of the following paragraph: ‘‘(f) as may be prescribed by regulation by the Minister, with the concurrence of the Minister of Finance.’’; (h) by the insertion after subsection (1) of the following subsection: ‘‘(1A) The Agency must at least every two years, after obtaining public participation, determine by notice in the Gazette, for the purposes of payments referred to in subsection (1), the manner in which applications must be made and the manner in which subsidies will be paid.’’; and (i) by the substitution for subsections (3) and (4) of the following subsections, respectively: ‘‘(3) The Authority must at least [bi-annually] every two years 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] The Agency must at least every two years, after obtaining public participation, make recommendations to enable the Minister to determine by notice in the Gazette, for the purposes of 10 15 20 25 30 35 40 45 50 55