| (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 1994), 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 electronic communications network services under this Act. |
| (a) |
The Agency must from time to time, with due regard to circumstances and 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; and |
[Section 82(3)(a) substituted by section 37 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (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. |
| (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, electronic communications services and electronic 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 electronic communications services and electronic communications networks in the Republic and access thereto; |
| (e) |
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) |
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. |
Supreme Court Act, 1959
