14 No. 22889 GOVERNMENT GAZETTE, 30 NOVEMBER 2001 Act No. 64,2001 TELECOMMUNICATIONS AMENDMENT ACT, 200 1 (2) The systems contemplated in subsection (1) shall not include telecommunication equipment located on thepremises of a customer, unless it is meant for public pay-telephones or mobile telecommunications on the premises of a customc?”. Substitution of section 37 of Act 103 of’1996 5 12. The following section is hereby substituted for section 37 of the principal Act: “Mobile cellular telecommunication services 37. (1) @) Vodacom (Pty.:, Ltd. and Mobile Telephone Networks (Pty.) Ltd., companies incorporated in terms of the Companies Act,1973 (Act No. 61 of 1973), shall each be deemedto be the holder of a licence in termsof 10 this Act to provide a mobile cellular telecommunication service in accordance with the terms and conditions of the telecommunications licences and multiparty implementation agreement published under Cieneral Notice No. 1078 of 29October 1993:Provided that each such company shall apply to theMinister through the Authority within six months after the 15 date of commencement of this Act, or such extendedperiod as the Authority may allow, for such a licence and the Minister shall grant the application and the Authority shall issue .:o that company a licence which shall, subject to section 42(3)(a), incorporate those terms and conditions. [(Z)(a)An invitation con1.emplatedin section 34(2) shallbe issued in 20 accordance with the provisions of paragraph(b). (b) The Authority shall, within two years after the commencement of this Act, conduct an enquiry in terms of section 27 into the economic feasibility of the provision of more than two mobile cellular telecommunicationservicesandmakeknown its findingbynoticeinthe 25 Gazette,and,if it findsthattheprovisionofmorethantwosuch services is feasible, recommend that the Minister invite applications for the grant of a licence to provide such service. (c) If the Minister follows that recommendation the provisions of sections 34 and 35 shall apply.] 30 (b)Cell C (Pty.) Ltd., a company incorporated interms of the Companies Act, 1973 (Act No. 61 of 1973), shall be the holder of a licence in termsof this Act to provide a mobile cellular telecommunication service in accordance with the terms and conditions as specified in its licence issued to it by the Authority on 25 June 2001. 35 [(d)](2) A licence contemplated in [paragraph (a)]subsection (1) shall c o n t a i n a condition prohibiting the mobile cellular telecommunication service in question, until a date to be fixed by the Minister by notice in the Gazette, from utilising anyfixed lines which may be required forthe provision of the serviceother than fixed lines made availableby Telkom or 40 any other person providing a public switched telecommunication service. (3) The holder of a licence in termsof this section shall not berequired to hold a licence contemplated in section 34(2)(a)(i), (iii) or (iv) or section 39 or 40 to enable him or her to provide the mobile cellular telecommunication service in question. 45 (4) (a) Before 31 December 2003 the Minister shall(i) determine, byway of a market study, the feasibility of granting a mobile cellular telecommunication licence in addition to the licences refelred to in subsection (1); and 50 (ii) by notice in the Gazette, publish the determination. (b) In conducting the mark<e Minister shall consider the Republic’s international obligations; ( 5 )If the Minister determines that any additional licencemay be granted, such licence may be issued after 31 December 2003 in terms of section 34 55 ”