STAATSKOERANT, 24 JANUARIE 2014 No. 37261 Chapter 9: Universal Access and Service 9.1 Introduction Universal access and service (UAS) refers to policies adopted by governments to ensure citizens have equal and fair access to a point of communication. A distinction is made between universal service and universal access to communication services, although the two terms are often used interchangeably. Strictly speaking, universal service is aimed at direct provision of telecommunications, broadcasting or postal services to individuals or households regardless of their geographic location. Universal access on the other hand is aimed at increasing access to communication services on a shared basis, such as on a community or village-wide level. Whilst in the past shared access has been through public pay phones, more recently universal access programmes include the installation of telecentres and cyber labs equipped with computers for Internet and broadband access. While traditionally UAS programmes were aimed at providing fixed telephony, recently the focus has shifted to mobile telephony, Internet and broadband (fixed and wireless) services. A distinction is made between universal service and universal access. Generally, there are three pillars to a UAS policy: Affordability - communication services need to be provided at affordable prices; Availability - communication services should be provided whenever and wherever they are needed, including in remote and rural areas; Accessibility - all citizens should be able to use communication services, regardless of location, gender, disability or any other personal characteristics. USAASA contends that the above pillars must be expanded to include 'awareness' of the use and benefit of communications. Another dimension is that of 'ability' to use ICT services, indicating the importance of relevant content and applications to stimulate demand. 9.2 Regulatory Framework and Past Measures to Achieve UAS Universal service and access in a democratic South Africa was embedded in legislation as early as 1996 with the promulgation of the Telecommunications Act No 103 of 1996. This was carried over into the Electronic Communications Act No 36 of 2005 (the ECA). Chapter 14 (sections 80-91) of the ECA contains the regulatory framework for achieving UAS in South Africa. Among other things, it establishes the Universal Service and Access Agency (USAASA) of South Africa, sets out how the Universal Service and Access Fund (USAF) should be administered and empowers ICASA to prescribe various regulations required for the achievement of UAS, including the following: Regulations in Respect of the Prescribed Annual Contributions of Licensees to the Universal Service and Access Fund (2011) Regulations on the Definition of Under-Serviced Areas Regulations in Respect of E-Rate. Various efforts have been undertaken in the past to achieve UAS in South Africa, including licensing operators in underserviced areas, establishing a Universal Service and Access Fund, implementing an E-Rate regime for public schools and imposing universal service obligations on licensees. These measures are discussed below. 69 This gazette is also available free online at www.gpwonline.co.za 73