grants or donations made to or for the benefit of the fund; moneys transferred to the fund under section (7); b) c) moneys received by way of interest or repayment of any loan granted from the fund; d) and moneys appropriated by Parliament for the purposes of the fund. e) (2) The Commission may establish a levy to be collected from subscribers by licensees annually for the Universal Access Fund. A universal access levy shall be set as a percentage of a licensee’s gross revenues (net of interconnection) in the most recent financial year, up to a maximum of two per cent of such gross revenues. (3) The Commission may disburse money from the Universal Access Fund only to provide subsidies or concessional loans in accordance with a contract under section Universal access services 70, ()) The Commission may contract with a person to provide a subsidy or concessional loan (2) The Commission shall, before entering a contract under subsection (1)a) consider whether there is likely to be competition for the subsidy or concessional loan offered under subsection (1) for the provision of communications services or communications facilities in accordance with the project plan; and if the Commission believes there would be such competition, conduct a competitive b) for the provision of communications services or communications facilities in accordance with a project plan. tender for the provision of those services or facilities in accordance with the Universal Access Rules. (3) If the Commission considers that there is not likely to be competition for the provision of the communications services or communications facilities for the maximum subsidy or concessional loan the Commission could offer in fulfilment of the relevant project plan, the Commission shall negotiate with any person the Commission considers has the capability of providing those services or facilities and may enter into a contract for the provision of those services or facilities in accordance with the project plan. 4) If after attempting to negotiate under subsection (3) the Commission considers agreement (5) The Commission shall be guided by the following principles in requiring a licensee to enter into a contract and specifying the terms of the contract under subsection (4)}— a) the licensee shall be chosen based on the Commission’s assessment of its capability to provide the communications services or communications facilities; b) the obligation to provide the relevant communications services or communications facilities shall not unfairly discriminate between licensees; cannot be reached, the Commission may by written notice require a licensee to enter into a specified contract with the Commission for the provision of the relevant communications services or communications facilities for a subsidy or concessional loan. c) the licensee shall receive reasonable compensation having regard to the costs of providing the communications services or communications facilities and the revenues likely to be achieved from those services or facilities; and 34

Select target paragraph3