68. 60. Code of conduct and customer subscriber service charter

(1) The Authority The Authority must, as soon as reasonably possible after the coming into effect force of this Act, prescribe regulations setting out a consumer code of conduct for licensees subject to this Act and the related legislation as applicable persons exempt from holding a licence as provided for in section 6 to the extent such persons provide a service to the public.

(2) The Authority may develop different codes of conduct for applicable to different categories of licences. types of services. All communications network services licence and communications service licensees shall adhere to the Code of Conduct for such services as prescribed.

(3) The Authority must, as soon as reasonably possible after the coming into efect force of this Act, prescribe regulations setting out the minimum standards for customer subscsriber service charters.

(4) The Authority may develop different minimum standards for customer subscriber service charters for different categories types of licences services.

(5) The matters which a customer-subscriber service charter may address include, but are not limited to-

(a) the provision of information to customer subscribers regarding service rates, and performance and consumer complaint procedures;

(b) provisioning and fault repair services;

(c) the protection of private consumer subscriber information;

(d) customer subscriber charging, billing, collection and credit practices;

(e) consumer complaint procedures and the remedies that may be imposed to reduce the matters at issue: and

(f) any other matter of concern to consumers or customer subscribers

(6) Where a customer or consumer subscriber is not satisfied after utilizing the consumer complaint procedures set out in the regulations, his or her complaint may b submitted to the investigation Unit in accordance with the provisions of section 17G of the ICASA Act.

61. Retail and wholesale tariffs

69. People with disabilities

1. The Authority may shall establish a consumer advisory panel that will advise the Authority on matters relating to consumer issues in the Republic

1. only in respect of those markets or market segments where the Authority determines that no or ineffective competition exists; or
2. in order to protect consumer interests, prescribed the manner of determining retail and wholesale tariffs which may be levied by a licensee in respect of the provision of

1. Ineffective competition exist where a licensee in any market or market segment has significant market power or control of essential facilities. The constitution of the consumer advisory panel shall be prescribed.

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71. 62. Establishment of Communications and ICT Museum, information communication technology for government and other related services

(1) The Director-General must establish and manage a museum that depicts the evolution and the history of the communications and information communication technology sectors in South Africa.

(2) The museum and its contents are part of the national estate as defined in the National Heritage Resources Act, 1999 (Act No. 25 of 1999).

(3) The contents of the museum housed in the Telkorn Museum on Telecommunication History must be transferred to the museum established in terms of subsection (1).

(4) The Minister must, after consultation with the cabinet member responsible for government communications, establish a centre for government departments and entities to communicate with the public to ensure efficiency in administrative services.

(5) The centre must also serve as the directory of contact using SMS and other related services.

(6) The Authority must allocate a four-digit number through which the public can i access government directory information services free of charge.

(7) The cost of providing the government directory information service must be borne by the licensee.

63. Competition matters

(1) Subject to the provisions of this Act and of the related legislation, the Competition Act, 1998 (Act No 89 of 1998), applies to competition matters in the communications industry.

(4)The Authority may , with regard to the matters referred to in subsection (3) prescribe regulations to ensure efficient and effective monitoring and investigation of anti-competitive actions, ensuring protection of consumer interests and the speedy resolution of complaints with regard thereto.

72. 64 Offences and penalties

(1) Any natural person who contravenes or fails to comply with a provision of this Act or of the related legislation is guilty of an offence and is liable on conviction to a fine not exceeding R500 000 or imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

(2) Any juristic person or licensee who contravenes or fails to comply with a provision of this Act or of the related legislation is guilty of an offence and is liable on conviction to a fine not exceeding the greater of RI 000000 or 10 per cent of the juristic person's or licensee's annual turnover for every day or part thereof during which the offence is continued.

65. Numbering plans and number portability

(1) The Authority must prescribe

(2) A numbering plan must consist of a scheme of identification so as to ensure that communication is correctly and efficiently directed to the point of reception for which it was intended

(3) Subject to subsection (7), the Authority- must, in preparing a numbering plan, take account of existing numbering plans or schemes. Subject to subsection (4). any natural person, juristic person or licensee who contravenes or fails to comply with an licence condition contained in the licence is guilty of an offence and is liable on conviction to the penalties set out in subsection (1) as applied to natural persons or subsection (2) as applied to juristic persons and licensees

(4) The numbering plan contemplated in subsection (1)(a) must be non discriminatory. Any natural person or licensee who contravenes or fails to materially comply with any specific terms and conditions contained in the licence as contemplated in section 8 relating to construction and/or placing into service of communications facilities and/or communications networks is guilty of an offence and upon conviction, such natural person, juristic person or licensee shall outsource the construction and/or placing into service of the communications facilities and/or communications networks, or parts thereof, that are the subject of the contravention or failure to comply bv entering into one or more agreements with a third-party engaging such person to build and/or operate the communications facilities and/or communications networks in accordance with the specific terms and conditions contained in the licence. The agreements contemplated bv this subsection ("4) shall he subject to the following-

(5) The Authority' must maintain and manage a central numbering database system.

(a) the-fees licensees must pay for the allocation of numbers to recover administration costs; the natural person, juristic person or licensee must enter into the outsource agreement within ninety (90) days of a finding by the Authority of a contravention or failure to comply with the licence specific terms and conditions and the particular communications facilities and/or communications networks must be constructed and placed in operations as soon as practicable after conclusion of the outsource agreement subject to oversight and review by the Authority;

(b) the conditions under which a licensee may be required to surrender unused numbers to the Authority for reallocation: in the case of unwillingness or inability of the licensee to negotiate or agree on the terms and conditions of the outsource agreement, within the period specified by the Authority in subsection (a), the Authority may-

(c) the allocation of responsibility between communications service licensees and communication network service licensees for the implementation of the numbering plan and number portability to

(d) protection for consumers including disclosure of consumer rights relating to

(i) numbers and number portability; and impose terms and conditions consistent with the specific terms and conditions contained in the licence and this Act and the related legislation, as applicable: or

(ii) the process and procedures to be followed for resolving subscriber complaints and affording subscribers remedies in the form of discounts and credits when the service provider fails to meet its obligations under this section; and propose terms and conditions, which. subject to negotiations among the parties, must be agreed to by the parties within the period specified by the Authority in subsection (a)

(e) a framework, including a schedule for transforming the-numbering plan to a non geographic numbering system taking into account similar non-geographic numbering plans adopted in other jurisdictions.

73. 66 Directory services

The Authority may prescribe or impose through licence conditions, as the case may be, measures in respect of directories and directory enquiry services, regarding-

(a) the protection of personal data;

(b) the protection of privacy;

(c) language preferences;

d) the prevention of fraud;

(e) the prohibition of marketing and unfair trading practices;

(f) the provision of assistance to security services or other public safe officials;

(g) related charges;

(h) the establishment of a national directory information database;

(i) the availability of a directory: and

(j) (i) such other related matters as the Authority may determine; and

(j) the availability' of a directory.

74. 67. Carrier pre-selection

(1) The Authority must make regulations-

(a) defining the relevant market or market segment and the communications services subject to carrier pre-selection which may include market segments relating to national long distance and international communications services; and

(b) establishing a framework in terms of which-

(i) subscribers to a communications service can access the communications services of another communications service licensee in relation to the market or market segment and the communications services referred to in paragraph(a); and

(ii) communications network service licensees must make the necessary communications facilities available for the implementation and proper functioning of carrier pre-selection.

(2) The framework contemplated in subsection (1)(b) must be in force no later than1July 2006 and ensure that-

(a) communications network service licensees implement, operate and maintain the necessary communications facilities to successfully implement carrier pre-selection"

(i) in an efficient manner;

(ii) without undue delay; and

(iii) without discrimination; and

(b) communications service licensees honour subscriber requests to access the communications services of another communications service licensee on non-discriminatory terms and without delay.

75. 68 Establishment of public emergency communications centres

(1) The Minister may by notice in the Gazette establish public emergency communications centres to be known as "112 Emergency Centres".

(2) A 112 Emergency Centre is a service by means of which the user of a communications networka subscriber has the ability to contact an emergency centre by dialling the numerals 112 in order to request an emergency service.

(3) 1 12 Emergency Centres must be accountable to the Minister.

(4) Communications network service licensees and communications service licensees must-

(a) carry communications to 1 12 Emergency Centres and from 112 Emergency Centres to emergency organisations; and

(b) make automatic number identity, such as caller line identity, and automatic location identity available to 1 12 Emergency Centres.

(5) The obligation imposed on licensees in terms of subsection (4)(b) supersedes any request by a user. including an end user. subscriber to withhold their identity or location, which may be permitted under any applicable law or licence condition.

(6) Licensees are exempted from liability for all claims arising out of acts done in meeting their obligation under subsection (4)(b).

(7) The Authority may make regulations to-

(a) ensure the implementation of sections 69. 70 76. 77 and 74-18; and

(b) extend the obligations under subsection (4) to other holders of class and individual licences.

(8) Where the Authority extends the obligations under subsection (4) to other licensees the provisions of sections 69. 70 76. 77 and 74-28 apply to such licensees.

76. 69 Duties of 112 Emergency Centres and licensees

(1) 1 12 Emergency Centres must transmit a request for an emergency service to an emergency organisation.

(2) Licensees required to carry communications to 1 12 Emergency Centres may not levy any charge on the caller for placing calls to 112 Emergency Centres.

(3) The cost of transporting any communications, including automatic number identity and automatic location identity, to and from 1 12 Emergency Centres to any emergency organisation must be borne by the licensee.

77. 70 National Public emergency number

(1) The number 112 is hereby established as the exclusive national public emergency number.

(2) No person may apply for the registration, in terms of applicable intellectual property legislation or any other law, of any mark or domain name containing the numerals 1-1-2 in that sequence.

(3) No person may call the national emergency telecommunication number 112 for any purpose other than to request an emergency service.

78. 71 Standards, capabilities and operating procedures of 112 Emergency Centres

(1) As far as practicably possible, 112 Emergency Centres must have voice, SMS, data and global positioning systems capability.

(2) The Minister may, from time to time, by notice in the Gazette direct 112 Emergency Centres to develop and apply common technical standards and standard operating procedures.

(3) 112 Emergency Centres may, subject to the provisions of Chapter 3, establish their own radio networks, if such networks are used exclusively to communicate calls and SMS to 112 Emergency Centres or emergency organisations,

(4) Emergency Centres may display the 112 public emergency numben on public roads and other public places without cost.

72. Licences granted in terms of IBA Act and Broadcasting Act

(1) A licence holder licensed in terms of the IBA Act or the Broadcasting Act may not. before converting his or her licence in terms of section 85. use

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79. 73 Continued existence of Universal Service Agency

(1) Despite the repeal of the Telecommunications Act by this Act, the Universal Service Agency established in terms of section 58(1) of the Telecommunications Act continues to exist as a juristic person in terms of this Act and will henceforth be called the Universal Service and Access Agency of South Africa.

(2) The Minister may, by notice in the Gazette, appoint a board of up to seven (2) The Minister may, by notice in the Gazette, appoint a board of up to se members to provide oversight of and guidance to the Universal Service and Access Agency of South Africa.

(3) A board appointed by the Minister in terms of section 58(2) of the Telecommunications Act is considered to have been appointed in terms of this Act.

80. Functions of the Board

(1) The Universal Service and Access Agency board shall have the following powers and functions and perform the duties conferred and imposed upon it in accordance with any determination issued by the Minister.

(1) The board must -

(a) oversee the functions of the Agency:

(b) prepare and update a strategic plan for the Agency at ]east once every three years to be used by the Agency in exercising its powers and carry out its functions;

(d) approve the statement of estimated income and expenditures and any adjusted statements prepared by the Agency in terms of section 83 prior to submission to the Minster;

(e) approval of CEO's recommendation on competitive tenders in terms of section 89;

(f) oversee the accounts of the Agency in terms of section 83 and 89; and

(g) take such other decisions as may be requested by the Chief Executive Officer (CEO) of the Agency in terms of this Chapter.

81. 74 Functions of Agency

(1) The Agency must-

(a) strive to promote the goal of universal access and universal service;

(b) encourage, facilitate and offer guidance in respect of any scheme to provide

(i) universal access or universal service; or

(ii) telecommunication services as part of reconstruction and development projects and programmes contemplated in section 3(a) of the Reconstruction and Development Programme Fund Act, 1994 (Act No. 7 of 994), where such provision will contribute to the attainment of the object of the project or programme in question; and

(c) foster the adoption and use of new methods of attaining universal access and universal service. ;

(2) For purposes of subsection (1)(b)(ii), reference to telecommunication services in relation to development projects and programmes contemplated in section 3(a) of the Reconstruction and Development Programme Fund Act, 1994, must be regarded as reference to communications network services under this Act.

(3) (a) The Agency must from time to time, with due regard to circumstances an( attitudes prevailing in the Republic and after obtaining public participation to the greatest degree practicable, make recommendations to enable the Minister to determine what constitutes"

(i) universal access by all areas and communities in the Republic to communications services and communications network services; and

(ii) the universal provision for all persons in the Republic of communications services and access to communications networks, including any elements or attributes thereof.

(b) Such a determination-

(i) must be published in the Gazette; and

(ii) may be amended or substituted by the Minister on the recommendation of the Agency as provided for in this subsection

4)The Agency –

(a) may undertake such investigations into matters relating to its functions as it may consider necessary;

(b) must conduct research into and keep abreast of developments in the Republic and elsewhere on information communication technology, communications services and communications facilities;

(c) must continually survey and evaluate the extent to which universal access and service have been achieved;

(d) may issue information from time to time on the provision of communications services and communications networks in the Republic and access thereto;

(e) may and must, when so requested by the Minister, make recommendations to the Minister in relation to policy on any matter relating to universal access and universal service;

(f) may, and must, when so requested by the Authority, advise the Authority on any matter relating to universal access and universal service;

(g) must continually evaluate the effectiveness of this Act and things done in terms thereof towards the achievement of the goal of universal access and universal service;

(h) may liaise, consult and co-operate with any person or authority;

(i) may appoint experts and other consultants on such conditions as the Agency may determine.

(5) The Agency must manage the Universal Service and Access Fund in accordance with the provisions of this Chapter.

82.75. Head CEO and staff of Agency

(1) The Agency is under the direction and control of the Head of the Agency CEO appointed by the Minister.

(2) The CEO must be a suitably qualified and experienced person and will be subject to the direction and oversight of the board in the performance of all financial and administrative functions as well as other work as may arise from the performance of the Agency's powers, cities and functions under this Act and the exercise of any powers delegated by the board.

(3) Without derogating from his or her general powers, duties and functions as set forth in this section, the CEO must -

(4) (2) The HeadCEO must employ a staff, including senior management and such other persons as are necessary to assist him or her with the performance of the functions of the Agency.

(5) All staff will be accountable to the CEO

(6) (3) The HeadCEO must, in the selection of the staff of the Agency-

(a) promote the empowerment of historically disadvantaged groupsperson including women and youth and people with disabilities

(b) subject to paragraph (a), apply equal opportunity employment practices

(7) (4) The HeadCEO and other staff of the Agency must be appointed on the grounds of their qualifications, expertise or experience in the fields, when viewed collectively, of development planning, community development, social sciences, economics, communications and publicity.

(8) (5) A person may not be appointed or continue in office as HeadCEO or other member of the staff of the Agency if he or she becomes unfit to hold the office or becomes incapacitated.

(9) (6) (a) The Head CEO and other staff of the Agency must be appointed for such period not exceeding five years as may be determined when he or she is appointee

(b) The –Head CEO and other employees of the Agency hold office on such conditions as to remuneration and otherwise-

(i) in the case of the Head CEO, as the Minister may determine with the concurrence of the Minister of Finance;

(ii) in the case of other employees, as the Head CEQ may determine with the concurrence of the Minister and the Minister of Finance.

(c) Different periods and conditions may be determined under paragraph (a) or (b) in respect of different employees.

83. 76. Financing of Agency

(1) The operating and capital costs of the Agency must be financed from money appropriated by Parliament from time to time for that purpose.

(2) The Agency must utilise any money contemplated in subsection (1) in accordance with the statement of estimated income and expenditure referred to in subsection (3).

(3) The Agency"

(a) must in each financial year at a time determined by the Minster, submit a statement of estimated income and expenditure for the following financial year to the Minster for his or her approval , granted with the concurrence of he the Minster of Finance; and

(b) may in any financial year submit adjusted statements of estimated income and expenditure to the Minster for his or her approval , granted with the concurrence of the Minster of Finance.

84. 77 Banking account

The Agency must, with the approval of the Director-General, open and maintain with a bank, registered finally as a bank such in terms of the Banks Act, 1990 (Act No, 94 of 1990), an account in which there must be deposited the money received by the Agency and from which payments for it or on its behalf may be made.

85. 78. Annual and other reports

(1) The Agency must submit to the Minister"-

(a) such information and particulars as he or she may from time to time, in writing, require in connection with the activities of the Agency; and

(b) a report in regard to the functions, affairs and activities of the Agency, annually and as soon as is reasonably practicable after the end of each period of 12 months ending on 31 March, in respect of such period.

(2) Without derogating from the generality of the provisions of subsection (1), the annual report must, among others, include"-

(a) information regarding progress towards achieving the goal of universal service; and

(b) such other information as the Minister may determine.

(3) The Minister must table a copy of the annual report in Parliament within 30 days after it is received by him or her if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 30 days after the commencement o its next ordinary session.

86. 79 Continued existence and control renaming of Universal Service Fund

(1) Despite the repeal of the Telecommunications Act by this Act, the Universal Service Fund established in terms of section 65(1) of the Telecommunications Act continues to exist in terms of this Act and will henceforth be called the Universal Service and Access Fund. and the Agency must keep account of the Fund in its books and credit the Fund with-

(a) universal service contributions referred to in section 81 (1) 81; and

(b) money accruing to the Universal Service and Access Fund from any other source.

(2) All money received , the amounts of which in terms of subsection (1) must be credited to the universal Service and Access Fund in the books of the Agency , must be paid into the National Revenue Fund established by section 185 of the Constitution

(3) Subsidies paid from the Universal Service and Access Fund under section 80 87 must be financed from money appropriate by Parliament for that purpose.

(4) The Universal Service and Access Fund must be administered by the Agency subject to the control and in accordance with the instructions of the Minister.

87.80 Application of money in Universal Service and Access Fund

(1) The money in the Universal Service and Access Fund must be utilised exclusively for the payment of subsidies-

(a) for the assistance of needy persons towards the cost of the provision to, or the use by, them of communications services;

(b) subject to subsection (2), to any communications network service licensee for the purpose of financing the construction or extension of communications networks in under-serviced areas as prescribed;

(c) to public schools and public further education and training institutions as defined in the South African Schools Acts, 1996 (Act No. 84 of 1996), and the Further Education and Training Act, 1998 (Act No. 98 of 1998), respectively, for the procurement of communications services and access to communications networks;

(d) for the establishment and operation, including training of personnel, of centres where access can be obtained to communications networks.

(2) The Authority The Authority must, for purposes of subsection (l)(b), define under-serviced areas by regulation.

(3) The Authority The Authority must review and update, at least bi-annually, the definition of under-serviced area prescribed and the list of designated under-serviced areas eligible for construction payments from the Universal Service Fund.

(4) The Minister may, for the purposes of payments referred to in subsection (1)(a by notice in the Gazette determine-

(a) categories types of needy persons to whom assistance may be given;

(b) the persons who must apply for assistance and the manner in which sue applications must be made;

(c) the manner in which and persons to whom subsidies may be paid.

88. 81 Contributions to Universal Service and Access Fund

(1)Every Subject to subsection (3). every holder of a licence granted or considered to have been granted in terms of Chapter 3 must pay, in addition to any other fees contemplated in this Act or the related legislation, the prescribed annual contribution; to the Universal Service Fund.

(2) The Authority must prescribe-

(a) the basis and manner of determination of such contributions, which must not exceed I per cent of the licensee's annual turnover or

(b) the dates when such contributions become payable and the manner in which they may be paid.

(3) Broadcast services licensee contributing to the Media Development and Diversity Agency ("MDDA") must have their annual MDDA contribution set off against their prescribed annual contribution to the Universal Service Fund

89. 83 Competitive tender for universal service and access projects

(1) The Agency must provide incentives to communications network service licensees to construct, operate and maintain communications networks in under-serviced areas through the award of project grants.

(2) The Agency must. in consultation with the Authority-

(a) publish a notice in the Gazette staling its intention to award one or more project grants and invite interested communications network service licensees to submit proposals;

(b) identity the targeted under-serviced area or under-serviced areas where project grants will be awarded;

(c) the time and place for submitting proposals;

(d) the scope of the projects which may vary according to the needs of the targeted under- serviced area or under serviced areas;

(e) the criteria for evaluating proposals;

(f) the projected cost of the proposed project; and

(g) such other matters as may be helpful in securing qualified

(3) The criteria for equating proposals may take into consideration-

(a) the objects of this Act set out in section 2;

(b) the scope of the communications network service licensee's prop including the communications network proposed for construction under-serviced area and the technologies proposed;

(c) any communications services the communications network service licensee proposes to offer in terms of its communications network service licence and, as applicable, any communications service licence or other licence held by the communications network service licensee;

(e) such other matters as the Agency, in consultation with the Authority, finds appropriate for the targeted under-serviced area and consistent with section 74 81(3).

(4) The subsidy for project grants must be paid out of the Universal Service Fund.

(5) The Agency must supervise the execution of projects awarded under subsection (1).

90. 83 Accounts of Universal Service and Access Fund

(1) The Agency must-

(a) cause full records to be kept of the transactions of the Universal Service Fund;

(b) as soon as possible, but not later than three months after 31 March in each year, cause the books and accounts relating to such transactions to be balanced as at that date and thereafter prepare a statement showing in all necessary detail-

(i) the income and expenditure of the Fund during the preceding financial year; and

(ii) a balance sheet showing the assets and liabilities of the Fund as at the end of that year.

(2) The accounts and balance sheet of the Fund must be audited by the Auditor-General.

(3) As soon as possible after the accounts and balance sheet for any year have been audited, the Agency must submit a copy of the accounts and balance sheet to the Minister.

(4) The Minister must table a copy of the audited accounts and balance sheet in Parliament-

(a) within 30 days after they have been received by him or her if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 30 days after the commencement of its next ordinary session; or

(b) if so determined by the Minister, together with the annual report of the Agency in regard to the period concerned.

(5) For the purposes of this section, "financial year" means the period extending from 1 April in any year to 31 March in the next succeeding year.

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