14 30%, or such other conditions or higher percentage as may be prescribed under section 4(3)(k) of the ICASA Act;’’; and (b) by the substitution in subsection (6) for paragraph (b) of the following paragraph: ‘‘(b) may impose such additional terms and conditions as may be prescribed in terms of section 8(3) and make a designation contemplated in section 8(4).’’. 5 Amendment of section 10 of Act 36 of 2005 8. Section 10 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (h) of the following paragraph: 10 ‘‘(h) if the amendment is [in pursuance of and] in accordance with [the regulations made under] Chapter 10 and any regulations that have been made under it.’’. Amendment of section 13 of Act 36 of 2005 9. Section 13 of the principal Act is hereby amended— (a) by the substitution for subsections (1) and (2) of the following subsections, respectively: ‘‘(1) An individual licence may not be let, sub-let, assigned, ceded or in any way transferred, and the control of an individual licence may not be assigned, ceded or in any way transferred, to any other person without the prior written permission of the Authority. (2) An application for permission to let, sub-let, assign, cede or in any way transfer an individual licence, or assign, cede or transfer control of an individual licence may be made to the Authority in the prescribed manner.’’; (b) by the substitution in subsection (3) for paragraph (a) of the following paragraph: ‘‘(a) promote the ownership and control of electronic communications services by historically disadvantaged groups and to promote broad-based black economic empowerment; or’’; and (c) by the addition of the following subsection: ‘‘(6) The provisions of section 9(2) to (6) apply, with the necessary changes, to this section.’’. 15 20 25 30 Amendment of section 16 of Act 36 of 2005 10. Section 16 of the principal Act is hereby amended— (a) by the substitution for subsections (1) and (2) of the following subsections, respectively: ‘‘(1) The Authority may, upon receipt of a written registration in the manner prescribed and satisfying the conditions provided for in section 5(8), [grant] issue a class licence, provided that the class licences obtained by one person do not collectively assume the scope or coverage of an individual licence. (2) Registration for a class licence may be submitted [at any time] in the manner prescribed by the Authority.’’; and (b) by the substitution for subsection (6) of the following subsection: ‘‘(6) No class licence may be ceded, let, sub-let or transferred without the prior written approval of the Authority, provided that if the Authority has not refused or denied the cession, let, sublet or transfer within 30 days after notice has been given to the Authority, approval shall be considered to have been given.’’. 35 40 45 50