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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(x) provide access to broadcasting signal distribution for broadcasting and
encourage the development of multi-channel distribution systems in the
broadcasting framework;
(y) refrain from undue interference in the commercial activities of licencees while
taking into account the electronic communication needs of the public;
(z) promote stability in the ICT sector.
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CHAPTER 2
POLICY AND REGULATIONS
Ministerial Policies and Policy directions
3. (1) The Minister may make policies on matters of national policy applicable to the
ICT sector, consistent with the objects of this Act and of the related legislation in relation
to—
(a) the radio frequency spectrum;
(b) universal service and access policy;
(c) the Republic’s obligations and undertakings under bilateral, multilateral or
international treaties and conventions, including technical standards and
frequency matters;
(d) the application of new technologies pertaining to electronic communications
services, broadcasting services and electronic communications network
services;
(e) guidelines for the determination by the Authority of licence fees associated
with the award of the licences contemplated in Chapter 3, including incentives
that may apply to individual licences where the applicant makes binding
commitments to construct electronic communications networks and provide
electronic communications services in rural and under-serviced areas of the
Republic;
(f) the promotion of universal service and electronic communications services in
under-serviced areas;
(g) mechanisms to promote the participation of SMME’s in the ICT sector;
(h) the control, direction and role of state-owned enterprises subject to the
Broadcasting Act and the Companies Act, 1973 (Act No. 61 of 1973); and
(i) any other policy which may be necessary for the application of this Act or the
related legislation.
(2) The Minister may, subject to subsections (3) and (5), issue to the Authority policy
directions consistent with the objects of this Act and of the related legislation in relation
to—
(a) the undertaking of an inquiry in terms of section 4B of the ICASA Act on any
matter within the Authority’s jurisdiction and the submission of reports to the
Minister in respect of such matter;
(b) the determination of priorities for the development of electronic communications networks and electronic communications services or any other service
contemplated in Chapter 3;
(c) the consideration of any matter within the Authority’s jurisdiction reasonably
placed before it by the Minister for urgent consideration.
(3) No policy made by the Minister in terms of subsection (1) or policy direction
issued by the Minister in terms of subsection (2) may be made or issued regarding the
granting, amendment, transfer, renewal, suspension or revocation of a licence, except as
permitted in terms of this Act.
(4) The Authority, in exercising its powers and performing its duties in terms of this
Act and the related legislation must consider policies made by the Minister in terms of
subsection (1) and policy directions issued by the Minister in terms of subsection (2).
(5) When issuing a policy direction under subsection (2) the Minister—
(a) must consult the Authority; and
(b) must, in order to obtain the views of interested persons, publish the text of
such policy direction by notice in the Gazette—
(i) declaring his or her intention to issue the policy direction;
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