56
No. 28743
GOVERNMENT GAZETTE, 18 APRIL 2006
Act No. 36, 2005
ELECTRONIC COMMUNICATIONS ACT, 2005
CHAPTER 6
TECHNICAL EQUIPMENT AND STANDARDS
Approval of type
35. (1) No person may use, supply, sell, offer for sale or lease or hire any type of
electronic communications equipment or electronic communications facility, including 5
radio apparatus, used or to be used in connection with the provision of electronic
communications, unless such equipment, electronic communications facility or radio
apparatus has, subject to subsection (2), been approved by the Authority.
(2)The Authority may prescribe—
(a) the types of equipment, electronic communications facilities and radio 10
apparatus, the use of which does not require approval where such equipment,
electronic communications facilities and radio apparatus has been approved
for use by the European Telecommunications Standards Associations or other
competent standards body where the equipment complies with type approval
15
standards prescribed by the Authority; and
(b) circumstances under which the use of equipment, electronic communications
facilities, radio apparatus and subscriber equipment does not require approval,
including uses for research and development, demonstrations of prototypes
and testing.
Technical standards for equipment and electronic communications facilities
36. (1) The Authority may, subject to the provisions of the Standards Act, 1993 (Act
No. 29 of 1993), prescribe standards for the performance and operation of any
equipment or electronic communication facility, including radio apparatus.
(2) Any such standard must be aimed at—
(a) protecting the integrity of the electronic communications network;
(b) ensuring the proper functioning of connected equipment or electronic
communications facilities;
(c) ensuring interoperability, interconnectability and harmonisation; and
(d) avoiding harmful interference with the electronic communications network.
(3) (a) The regulations made in terms of subsection (1) may, for the purposes of this
section and without publishing the text of the technical standard, incorporate any
technical standard by reference to—
(i) the number, title and year of issue of the technical standard; or
(ii) other particulars by which the particular standard can be identified.
(b) Any technical standard incorporated as contemplated in paragraph (a) is
considered to be a regulation to the extent that the technical standard is not contrary to
the regulations.
(c) Whenever any technical standard is, at any time after its incorporation in terms of
paragraph (a), amended or substituted by a competent national body, the regulation in
terms of which such technical standard was incorporated in the regulations must, unless
otherwise stated therein, be considered to refer to such technical standard as so amended
or substituted, as the case may be.
(d) The Authority must keep the text of each—
(i) technical standard incorporated in the regulations in terms of paragraph (a);
and
(ii) amendment or substitution of the text.
(e) The text of each incorporated technical standard must be open to inspection by the
public during the normal office hours of the Authority.
(f) The Authority may, at the request of any person and on payment of such fee as may
be prescribed, furnish him or her with a copy of the text.
20
25
30
35
40
45
50