Electronic Communications Act, 2005 (Act No. 36 of 2005)Chapter 13 : General73. E-rate |
| (1) | Internet services, provided to all public health establishments defined in the National Health Act, 2003 (Act No. 61 of 2003), all public and independent schools as defined in the South African Schools Act, 1996 (Act No. 84 of 1996), all public and private colleges and all public and private further education and training institutions established, declared or registered in terms of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), and all public and private higher education institutions defined in the Higher Education Act, 1997 (Act No. 101 of 1997), must be provided at a minimum discounted rate of 50% off the total charge levied by the electronic communications service licensee providing Internet services to such institutions. |
| (2) | The discount is applicable to the total charge levied by the electronic communications service licensee which includes but is not limited to the following: |
| (a) | Any connectivity charges for access to the Internet; |
| (b) | charges for any electronic communications facilities used for or in association with connectivity to the Internet; and |
| (c) | all call charges for access to the Internet. |
| (3) | Where the electronic communications service licensee, who provides Internet services to the institutions and schools as contemplated in subsection (1), obtains its electronic communications facilities for the provision of Internet services from an electronic communications network service licensee, the licensee is entitled to a minimum of 50% off the wholesale rate charged to it by the electronic communications network service licensee for the facilities in question, which discount shall be passed on to the schools and other institutions mentioned in subsection (1). |
| (4) | The implementation of this section must be in the manner prescribed. |
| (5) | [Section 73(5) deleted by section 33 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)] |
| (6) | The Agency may pay the charge contemplated in subsection (1) on behalf of any school or other institution contemplated in subsection (1), in which event the Agency is entitled to the discount mentioned in subsection (1). |
[Section 73(6) inserted by section 33 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
[Section 73 substituted by section 33 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]