GOVERNMENT GAZETTE. 30 NOVEMBER 200 1 TELECOMMUNICATIONS AMENCMENT ACT, 2001 No. 22889 15 Act No. 64,2001 Amendment of section 38 of Act 103 of 19!)6 13. Section 38 of the principalAct is hereby amended bythe substitution for subsection (1) of the following subsection: “( 1) No [person]persons otherthan Tdkom shall be granted a licence to provide national long-distance telecommunication services until after [a date to be fixed 5 by the Minister by notice in the Gazette] 7 May 2002.”. Amendment of section 39 of Act 103 of 19!)6 14. Section 39 of the principal Act is herebyamended(a) bythe substitution in subsection (1) forparagraph (a) ofthe following 10 paragraph: “(a)No [person]persons other thanTelkom shall be granted a licence to providea local access telecommunication service until after [a dateto be fixed by the Minister by notice in the Gazette] 7 May 2002.”; and (b) bythe substitutioninsubsection (2) forparagraph ( a ) ofthe following 15 paragraph: “ ( a )No [person] persons otherthan Telkom shall be granteda licence to provide a public pay-telephone serviceuntil after [a date to be fixed by the Minister by notice in the Gazette] 7 May 2002.”; (c) by the addition to subsection (2) of the following paragraph: ( c ) nothing in this section shall be construedas limiting applications for 20 a licencecontemplatedinparagraph (a) to public switched telecommunication services licensees only.”. Amendment of section 40 of Act 103 of 1996 15. Section 40 of the principal Act is herebyamended(a) by the substitution for subsection ( 2 ) of the following subsection: “(2) A licence to provide any value-added network services, including, but not limited to, electronic data interchange, [E-mail] electronic mail, protocolconversion,accesstoadatabase or amanageddata network service, shall contain a condition that the service in question [shall] be provided by means of telecommunication facilities= 0 until 7 May 2002, providedby Telkom or made availableto Telkom as contemplated in section 44 [until a date to be fixed by the Minister by notice in the Gazette, and a different date may be so fixed in respect of national long-distance facilities]; fb) after 7 May2002,provided byTelkomandthe secondnational operator or any of them until a datefixed by the Minister by notice in the Gazette.”; and (b) bytheaddition to subsection @)\of thefollowingparagraph,theexisting subsection becoming paragraph (a): “(b) Withoutprejudicetoany rights ofTelkom under its public switchedtelecommunicationservicelicencewhichexistatthecommencement ofthe TelecommunicationsAmendmentAct,2001, the second national operator and t i e licensees contemplated in section 40A may provide voice over internet protocol after7 May 2002.”. 25 30 35 40 Insertion of section 40A in Act 103 of 1996 45 16. The principal Act is hereby amendedby the insertionof thefollowing section after section 40: “Under-servicedarea licence 40A. (1) The Minister shall by notice in the Gazette determine those geographic areas where there is teledensity of less than 5% and in respect of 1 50 which small businessesmay apply to the Authority for under-serviced area licences to provide such services or facilities. (2) ( a )The Authoritymay issue an under-serviced area licence atosmall business on application in the prt:scribed manner.