General Notices

NOTICE 2285 of 2003

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA
LICENCE FOR THE PROVISION OF VALUE-ADDED NETWORK SERVICES

In terms of the provisions of section 40 of the Telecommunications Act (Act 103 of 1996) and the applicable regulations

"VANS provider's name"

(hereafter called the Licensee), is hereby licensed to provide value-added network services, subject to the following terms and conditions:

DEFINITIONS AND INTERPRETATIONS

1. In this licence, unless otherwise stated, words and terms shall have the same meaning as defined in the Telecommunications Act, (Act 103 of 1996, as amended) and any regulations derived therefrom.

"Act" means the Telecommunications Act, 1996 (Act 103 of 1996, as amended).

"Licence Fee Income" means the total annual invoiced revenue of the Licensee (less discounts, value-added tax and other indirect taxes) derived from customers for the provision to them of any aspect of the value-added network services, less net facilities leasing fees and charges and bad debts incurred and as provided for in the Income Tax Act, No. 58 of 1962.

"value-added network service" means a telecommunication service provided by a person over a telecommunication facility, which facility has been obtained by that person in accordance with the provisions of section 40(2) of the Act, to one or more customers of that person concurrently, during which value is added for the benefit of the customers, which may consist of-

(a) any kind of technological intervention that would act on the content, format or protocol or similar aspects of the signals transmitted or received by the customer in order to provide those customers with additional, different or restructured information;

(b) the provision of authorised access to, and interaction with, processes for storing and retrieval of text and data;

(c) managed data network services

RIGHTS AND OBLIGATIONS OF THE LICENSEE

2. Unless otherwise stated

a. The Licensee shall be entitled, subject to the provisions in this license, to provide any or all value-added network services.

b. This Licensee shall provide its services by means of telecommunications facilities provided by Telkom, the second national operator, or under serviced area licensees as the case may be, until a date to be fixed by the Minister by notice in the Government Gazette.

TERM OF VALIDITY

3. This licence will come into effect on the date of issue and remain valid for a period of ten (10) years, provided that such a licence may be renewed on application in accordance with the provisions of section 49 of the Act.

LICENCE FEE

4. The licensee shall on each anniversory of the date of issue pay to the Authority an annual variable licence fee in amount equal to 0.1% of the audited Licence Fee Income

Issued at ................................................... on .............. day of ......................................... 20.......