| (1) | The money in the Universal Service and Access Fund must be utilized exclusively for the payment of subsidies— |
[Section 88(1)(a) substituted by section 41(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
[Section 88(1)(b) substituted by section 41(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (c) | [Section 88(1)(c) deleted by section 41(b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)] |
| (d) | to schools and colleges as defined in or established, declared or registered in terms of the South African Schools Acts, 1996 (Act No. 84 of 1996), and the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), respectively, for the procurement of broadcasting and electronic communications services and access to electronic communications networks: Provided that— |
| (i) | [Section 88(1)(d)(i) deleted by section 41(c) and (d) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)] |
| (ii) | in the case of independent schools and private colleges— |
| (aa) | they are registered with the Commissioner for Inland Revenue as public benefit organisations in terms of section 10(1)(cN) of the Income Tax Act, 1962 (Act No. 58 of 1962); and |
| (bb) | they are registered with their provincial Departments of Education or the National Department of Education (as the case may be) for the receipt of state subsidies; |
[Section 88(1)(ii) substituted by section 41(e) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (e) | for the establishment and operation of community centres, including training of and the payment of allowances to personnel of centres, where access can be obtained to electronic communications network services, electronic communications services and broadcasting services. |
[Section 88(1)(e) substituted by section 41(f) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (f) | as may be prescribed by regulation by the Minister, with the concurrence of the Minister of Finance. |
[Section 88(1)(f) inserted by section 41(g) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
[Section 88(1) substituted by section 41 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (1A) | The Agency must at least every two years, after obtaining public participation, determine by notice in the Gazette, for the purposes of payments referred to in subsection (1), the manner in which applications must be made and the manner in which subsidies will be paid. |
[Section 88(1A) inserted by section 41(h) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (3) | The Authority must at least every two years review and update, the prescribed definition of under-serviced area and the list of designated under-serviced areas eligible for construction payments from the Universal Service and Access Fund. |
[Section 88(3) substituted by section 41(i) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (4) | The Agency must at least every two years, after obtaining public participation, make recommendations to enable the Minister to determine by notice in the Gazette, for the purposes of payments referred to in subsection (1)(a)— |
| (a) | types of needy persons to whom assistance may be given; |
| (b) | the persons who must apply for assistance; and |
| (c) | persons to whom subsidies may be paid. |
[Section 88(4) substituted by section 41(i) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
