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.

Dr. Ivy Matsepe-Casaburri
Minister of Communications

SCHEDULE

Definition

In this Schedule any expression to which a meaning has been assigned by the Telecommunications Act, 1996 (Act No. 103 of 1996) (hereinafter referred to as the Act), shall have the same meaning unless the context otherwise indicates.

Application and Repeal

These regulations apply to Value Added Network Services (hereinafter referred to as "VANS") and repeal the Interim Guidelines relating to the manner in which applications shall be made in respect of licences for VANS, published in notice 1701 of 1997 in Government Gazette No. 18415 of 06 November 1997.

Manner of application

1. An application for a VANS licence shall:

(1) be made to the Authority in writing by completing the application form as set out in Annexure A attached herein;
(2) identify the applicant by providing the following information:

(a) if the applicant is a natural person, the following information must be furnished:

(i) the full names of the applicant;
(ii) the identity number of the applicant;
(iii) the applicant's permanent residential address;
(iv) the applicant's business address;
(v) the applicant's telephone and fax numbers.

(b) if the applicant is a juristic person, the following information must be furnished:

(i) business name and address, the telephone and fax numbers of the applicant, and certified copies of all the founding documents of the applicant;
(ii) the full name, address (physical, postal and e-mail) and

(3) contain a general description of the service to be provided.
(4) contain a description of all the technical aspects of the network including but not limited to, network diagram, points of presence and the identification of telecommunication facilities provided by PSTS operator(s) and any other relevant information.
(5) contain a general description of the geographical area where the service will be provided, including relevant maps.
(6) contain a certified copy of the type-approval certificate by the Authority of the telecommunications equipment to be used in respect of any telecommunications equipment to be connected to the public switched telecommunication network.

2. A VANS application shall contain-

(a). In the case of natural persons with annual turnover of R1 000 000 (one million Rand) and above;

(i) the employment strategies related to historically disadvantaged individuals;

(b). In the case of juristic persons;

(i) the employment strategies related to historically disadvantaged individuals; and
(ii) Have a minimum of 15 percent (%) shareholding by historically disadvantaged individuals.

(c). In the case of deemed VANS operators with annual turnover of R1 000 000 (one million Rand) and above;

(i) A minimum of 15 percent (%) shareholding by historically disadvantaged individuals within 24 months of promulgation of these regulations.