1 1 1 . 12 No. 22889 Act No. 64,2001 GOVERNMENT GAZETTE, 30 NOVEMBER 2001 TELECOMMUNICATIONS AMENDMENT ACT, 2001 (ii) For purposesof this paragraph commercially sensitive documents or information or other matter reasonably justifyingconfidentiality shall exclude documents or information that was or becomes, or as a matter of law should be, generally available to the public.”. Substitution of section 35 of Act 103 oft 1996 5 9. The following section is hereby substituted for section 35of the principal Act: “Decision on applications 35. (1) The Authorityshall, after having duly consideredany application for a licence made in terms of this Act and any written submissions in relation to the applications that may be called for by the Authority and submitted to the Authority within the period determined by the Authority( a ) in thecase ofanapplication foralicencereferredto in section 34(2)(a),makeits recsDmmendation to the Minister, and propose licence conditions; and (b) in the case of any other licence application, notify the applicant of its decision, the reasons therefor and the licence conditions. (2) The Minister may in respect of a recommendation by the Authority contemplated in subsection (1)( a ) acceptit; (b) request further information from the Authority; (c) refer it back to the Authority for further consideration; or (d) reject it. (3) In the consideration of applications in terms of this Act, due regard shall be given to application:(a) by persons from historically disadvantaged groups; and (b) which promote the empowerment and advancement of women in the telecommunication industry. (4) Without derogating from subsection (3), in the evaluation of equity ownership held by persons from historically disadvantaged groups orheld by women inan application for a licence in terms of this Act, theAuthority shall give due preference forup to 30% of such equity ownership or such higher equity ownership percentage as maybe prescribed. (5) Subject to section36(5), a licence shall be granted on conditions appropriate to the licence artd consistent with the objects referred to in section 2 and the other provi:;ions of this Act. (6) The Authority shall, where the application has been granted, issuethe licence in question to the applicant. (7) Any licence granted int1:rms of this section, shall become effective on the date specified therein. (8) Nothing in this section derogates from the rights of an applicant tobe furnished with reasons for a decision under the Promotionof Administrative Justice Act, 2000 (Act ND. 3 of 2000).”. 10 15 20 25 30 35 40 Insertion of section 35A in Act 103 of 1996 10. The following section is hereby ins1:rted in the principal Act after section35: “Alternative licensing methods 45 35A. (1) Notwithstanding sections 34 and 35(a) in the case of a licence referred to section 34(2), the Minister may in specific instances determine the manner in which applications may be made, such as by way of’auction or tender, or both, andthe licensing process and the licensing conditions that will apply; and 50 ( b ) for all other licences,the Authority may in specific instances prescrii the licensing conditions $at will apply.”.