GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. ACT To amend the Electronic Communications Act, 2005, so as to insert, amend or delete certain definitions; to align the Act with broad-based black economic empowerment legislation; to refine provisions relating to licensing; to make further provision towards ensuring effective competition amongst persons licensed under the Act; to remove regulatory bottlenecks; to require the Minister of Communications to establish a council to advise the Minister on broadband policy and implementation; to make further provision for the discounted rate at which Internet services must be provided to schools, educational institutions and public health establishments; to authorise the Minister to require that certain information be submitted to the Minister; to make provision for the fiduciary duties of members of the Board of the Universal Service and Access Agency of South Africa; to provide afresh for the appointment and conditions of appointment of the chief executive officer of the Board; to make further provision for the utilisation of money in the Universal Service and Access Fund; and to provide for matters connected therewith. E IT ENACTED by the Parliament of the Republic of South Africa, as follows:— B Amendment of section 1 of Act 36 of 2005, as amended by section 1 of Act 37 of 2007 1. Section 1 of the Electronic Communications Act, 2005 (Act No. 36 of 2005) 5 (hereinafter referred to as the principal Act), is hereby amended— (a) by the insertion before the definition of ‘‘affiliate’’ of the following definition: ‘‘ ‘Advertising Standards Authority of South Africa’ means the entity which regulates the content of advertising, or any entity that replaces it but has the same functions;’’; (b) by the insertion after the definition of ‘‘Agency’’ of the following definitions: 10 ‘‘ ‘allocation’, in relation to a frequency band, means the entry in the Table of Frequency Allocations of a given frequency band for the purpose of its use by one or more terrestrial or space radio-communication services or radio astronomy service under specified conditions; ‘assignment’, in relation to a radio frequency or radio frequency 15 channel, means authorisation given by the Authority for a radio station to use a radio frequency or radio frequency channel under specified conditions, and ‘‘assign’’ must be interpreted accordingly;’’;