~ GOVERNMENT GAZETTE,30 NOVEMBER 2001 TELECOMMUNICATIONS AMENDMENT ACT, 2001 No. 22889 ~~~~ 9 Act No. 64, 2001 (b)Where the Authority makes a determination in terms of paragraph (a), the determination shall be binding on the parties and shall form part of the agreement between the parties. (c) The agreement contemplated in paragraph (b) shall lapse two years after the date of its conclusion. ( 5 ) (a) Before 31 December 2003 the Minister shall(i) determine, by way of a mxrket study, the feasibility of granting one or more public switched telecommunication service licences in addition to the licences referred to in subsection (1); and (ii) by notice in the Gazette, publish the determination. (b) In conducting the market study contemplated in paragraph (a), the Minister shall consider(i) the Republic’s international obligations; (ii) national and international market conditions prevailing at the time; (iii) the Republic’s policy objectives; and (iv) any other relevant factor. (6) (a) If the Minister determines that any additional public switched telecommunication service licence may be granted(i) such licence may only come into effect by 8 May 2005; and (ii) at least one of the additional operators shall be licensed to provide service-based competition. (b)A holder of a licence contemplated in paragraph (a) may(i) compete as a service-based licensee and may not provide its own facilities until the Minister so determines; and (ii) utilise the facilities of Telkom and the second national operator on a resale basis for a period of I:WO years from the dateof commencement of its public switched telecommunication service licence, in accordance with agreements concluded between the partiesfor the purposes of providing public switched telecommunication services. (7) Wherethe Minister makes the determination contemplated in subsection (5),the Authority ma:y prescribe regulations to ensure equaland non-discriminatory access to facilities among all licensed operators. (8) In any case where telecommunication facilities are made available pursuant to section 44 or the regulations promulgated thereunder to the holder of a licence to provide public switched telecommunication services, such licence holder shall have the right of resale, 5 10 15 20 25 30 35 Second national operator application andqualification 32B. (I) The second national operator shall be granted a publicswitched telecommunication service licence on no less favourable terms and conditions than those of the licence held by Telkom. ( 2 ) Subject to subsection (3), such percentage of the equity interest of the second national operator shall be set aside for Eskom and Transnet, as the Minister, with concurrence of the Minister of PublicEnterprises, may determine. (3) The final determination of the equity interest of Eskom and Transnet in the second national operator shall be determined by the value of the contribution of Eskom and Transnet, as the case may be, in the second national operator. (4) The contribution referred to in subsection (3) may include, among other things( a ) cash; (b) rights of way; (c) immovable property; (d) personal rights; and ( e ) other assets, including existing infrastructure, facilities and equipment. (5) ( a ) For the purposes of this subsection, “servitude” means any servitude, lease, right of use or other real right (whether registered or not) in or over land in favour of Esk:om, Transnet and the South African Rail Commuter Corporation Limited established in terms of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989), 40 45 50 55 60