(2) The Commission may designate different licensees or sets of licensees to
provide different elements of universal service or to cover different parts of Swaziland.
(3) In designating a licensee under subsections (1) and (2), the Commission shall
adopt an efficient, objective, transparent and non-discriminatory designation procedure
whereby no licensee is excluded beforehand from being designated.
(4) The designation procedure adopted under subsection (3) shall ensure that the
universal service obligations are provided in a cost-effective manner.
Funding of universal service.
32.
(1) The Commission shall estimate the cost of achieving the funding of the universal
service, update the cost estimates annually and report the findings of the Commission
to the Minister.
(2) The Commission shall consider a request made by a designated licensee to
receive funding for the net costs of meeting the obligation for which the licensee is
designated.
(3) In dealing with a case under subsection (1), the Commission shall determine
whether the provision of the service by the designated licensee making the request is
imposing an unfair burden on such licensee, and shall accordingly amend or retain the
obligations of the licensee.
(4) The Commission may make it a condition of a grant of a licence that every
provider of public electronic communications services shall contribute to a universal
access fund.
(5) The proceeds of the universal access fund referred to in subsection (4) shall be
used for the development and expansion of electronic communications networks and
services in areas where there are no services and to provide access to the widest number
of users including those with disabilities.
Provision for co-ordination with Rural Access Fund.
33.
In the event that the Government of Swaziland decides to establish a donor-supported
Rural Access Fund (RAF), providing grant support to co-fund priority investments
increasing the access of the rural population to basic infrastructure services, such as
electricity and electronic communications, the Minister, in consultation with the
Commission, shall develop a policy for the manner in which the funds from the Rural
Access Fund are to be used in conjunction with the connection targets fixed in the
tariff approval procedures.
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