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