GOVERNMENT NOTICES

DEPARTMENT OF COMMUNICATIONS
No. R. 1390 1 October 2003

TELECOMMUNICATIONS ACT, 1996 (ACT No. 103 OF 1996)

 REGULATIONS RELATING TO THE MANNER IN WHICH APPLICATIONS FOR
VALUE ADDED NETWORK SERVICE (VANS) LICENCES ARE TO BE MADE.

In terms of section 96 of the Telecommunications Act, 1996 (Act No. 103 of 1996) as amended, I, Dr. Ivy Matsepe-Casaburri, Minister of Communications hereby approve and publish the regulations in the Schedule made by the Independent Communications Authority of South Africa in terms of section 96 read with section 88(1), 88(2) and 88(3) of the said Act.


Dr. Ivy Matsepe-Casaburri
Minister of Communications

SCHEDULE

REPEAL

These regulations repeal the section 88(1), 88(2) & 88(3) regulations published in Government Gazette 23685 of the 29th of July 2001, Notice 1333 of 2002.

DEFINITIONS

1. In this Schedule any expression to which a meaning has been assigned by the Telecommunications Act, 1996, (Act 103 of 1996) (hereinafter referred to as, "the Act"), shall have the same meaning unless the context otherwise indicates.

APPLICATION FEES

2. The following application fees shall accompany an application for the respective licence categories:

(1) Value Added Network Services (VANS) R5,000.00
(2) Private Telecommunication Networks (PTN) R5,000.00

to be adjusted annually for inflation by taking into account cumulative changes in the Consumer Price Index for the immediately preceding calendar year and with 2001 as the base year.

TIME FOR PAYMENT OF LICENCE FEES FOR VANS AND PTNs LICENCES

3. The first payment of the annual licence fee for any Value Added Network Service Licence shall be made within three months after the first anniversary of the issued licence. Subsequent annual licence fees for a Value Added Network Service licence shall be paid on or before each anniversary thereafter.

4. Annual licence fees for a Private Telecommunication Network licence shall be paid on or before each anniversary date of the licence.

PENALTY FOR LATE PAYMENT

5. A Value Added Network Service or Private Telecommunication Network Licensee who fails to pay the annual licence fee on or before the required date shall, in addition to the annual licence fee, pay a penalty comprising 10% (ten percent) of the annual licence fee per month overdue up to three months after the required date, failing which s100 of the Act shall be invoked.