Amendment of section 2 of Act 103 of 1996 “ ( r )promote and facilitate convergence of telecommunication, broadcasting and (s) information technology; develop the Information, Communication and Technology (ICT) strategv for the Republic, in orderto bridge the digital divide.”. 5 Amendment of section 3 of Act 103 of 1996 3. The following section is hereby substituted for section 3 of the principal Act: “3. This Act shall not apply in relation to broadcasting, broadcasting signal 10 distribution or broadcasting services frequency bands, except as provided in sections [28(3)] 2(r) and 127 to 129 and in relation to multimedia services (if applicable).”. Amendment of section 29 in Act 103of 1996 4. Section 29 of the principal Act is hereby amended by the substitution for 15 subsections ( 5 ) and (6) of the following mbsections, re,spectively: “ ( 5 ) The Authority [shall] may, after the period referred to in subsection (4) has passed, hold a hearing in respect of .the proposed plan. (6) After the hearing, if any, and afterdue consideration of any written representations received pursuant to the notice mentioned in subsection (4) or 20 tendered at the hearing, the Authority shall adopt the frequency band plan in question, with or without amendment, and cause such plan to be published in the Gazette. . ” Insertion of sections 30A and 30B in Act 103 of 1996 5. The following sections are hereby inserted in the principal Act after section 30: 25 “Radio frequency spectrum access in 1800 MHz frequency band 30A. (1) ( a ) Within six months after the date of commencement of this paragraph or such longerperiod as the Ministermay determine, the mobile cellular operators may apply to the Authority for access to the radio frequency spectrum in the 1800 MHz frequency band to provide mobile cellular telecommunication services and such other services as the mobile cellular operators are, from time-to-time, licensed to provide. ( b ) Within 30 days of receipt of the application contemplated in paragraph (a) the Authority shall assign to each mobile cellular operator a radio frequency spectrum(i) against the payment of such fees, to be payable over a period, as the Minister shall determine by notice in the Gazette; and (ii) subject to such conditions as the Authority may prescribe. ( c )For purposes of paragraph (b)(i), the Minister may specify by notice in the Gazette a multiple payment schedule pursuant to which the mobile cellular operators shall make payment, and the terms and conditions of such payment. (d) Prior to the date a radio frequency spectrum is assigned to a mobile cellular operator as contemplated in paragraph (b), the holder of a licence which exists at the commencelment ofthe Telecommunications Amendment Act, 2001, shall, in accordance with radio regulations governing migration and clearing of radio spectrum bands, clear the spectrum to be occupied by such mobile cellular operator. (2) ( a )The second national operator and Telkom shall each be deemed to be a holder of a radio frequency spectrum licence in the 1800 MHz frequency band to provide public switched telecommunication services. and such other services as the second national operator, from time-to-time. is licensed to provide. 30 35 40 45 50