10 (b) the determination of priorities for the development of electronic communications networks and electronic communications services or any other service contemplated in Chapter 3; (c) the consideration of any matter within the Authority’s or Agency’s jurisdiction reasonably placed before it by the Minister for urgent consideration; (d) guidelines for the determination by the Authority of spectrum fees; and (e) any other matter which may be necessary for the application of this Act or the related legislation.’’; (c) by the substitution for subsection (4) of the following subsection: ‘‘(4) The Authority or the Agency, as the case may be, in exercising its powers and performing its duties in terms of this Act and the related legislation must consider policies made by the Minister in terms of subsection (1) and policy directions issued by the Minister in terms of subsection (2).’’; (d) by the substitution for subsection (5) of the following subsection: ‘‘(5) When issuing a policy under subsection (1) or a policy direction under subsection (2) the Minister— (a) must consult the Authority or the Agency, as the case may be; and (b) must, in order to obtain the views of interested persons, publish the text of such policy or policy direction by notice in the Gazette— (i) declaring his or her intention to issue the policy or policy direction; (ii) inviting interested persons to submit written submissions in relation to the policy or policy direction in the manner specified in such notice in not less than 30 days from the date of the notice; (c) must publish a final version of the policy or policy direction in the Gazette.’’; and (e) by the addition of the following subsection: ‘‘(10) If it is reasonable and justifiable in the circumstances, as contemplated under the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), the Minister may depart from the time period specified in subsection (5)(b)(ii).’’. 5 10 15 20 25 30 35 Amendment of section 4 of Act 36 of 2005 4. Section 4 of the principal Act is hereby amended by the substitution for subsection (5) of the following subsection: ‘‘(5) The Authority must, not less than 30 days prior to making regulations, inform the Minister in writing of its intention and [the subject matter of the] 40 provide the Minister with a copy of the proposed regulations.’’. Amendment of section 5 of Act 36 of 2005, as amended by section 4 of Act 37 of 2007 5. Section 5 of the principal Act is hereby amended— (a) by the substitution in subsection (3) for paragraph (b) of the following paragraph: 45 ‘‘(b) commercial broadcasting and public broadcasting of national and [regional] provincial scope whether provided free-to-air or by subscription;’’; (b) by the deletion in subsection (3) of paragraph (d); (c) by the substitution in subsection (5) for paragraph (b) of the following 50 paragraph: ‘‘(b) community broadcasting [and] or low power services whether provided free-to-air or by subscription;’’; (d) by the insertion in subsection (5) after paragraph (b) of the following paragraph: 55 ‘‘(bA) electronic communications services of district municipality or local municipal scope operated for commercial purposes;’’;