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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(a) any regulation made by the Authority which, after the provisions of that
subsection have been complied with, has been amended after receipt of
comments or representations received in terms of a notice issued under that
subsection; or
(b) any regulation which the public interest requires should be made without
delay.
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CHAPTER 3
LICENSING FRAMEWORK
Licensing
5. (1) The Authority may, in accordance with this Chapter and the regulations
prescribed hereunder, grant individual and class licences.
(2) The Authority may, upon application and due consideration in the prescribed
manner, grant individual licences for the following:
(a) subject to subsection (6), electronic communications network services;
(b) broadcasting services; and
(c) electronic communications services.
(3) Electronic communications network services, broadcasting services and electronic communications services that require an individual licence, include, but are not
limited to—
(a) electronic communications networks of provincial and national scope
operated for commercial purposes;
(b) commercial broadcasting and public broadcasting of national and regional
scope whether provided free-to-air or by subscription;
(c) electronic communications services consisting of voice telephony utilising
numbers from the national numbering plan;
(d) any electronic communications network service, broadcasting service or
electronic communications service where a state entity (directly or indirectly)
holds an ownership interest of greater than twenty-five (25%) percent of the
share capital of the person providing such service; and
(e) such other services as may be prescribed that the Authority finds have
significant impact on socio-economic development.
(4) The Authority may, upon registration in the prescribed manner, grant class
licences for the following:
(a) electronic communications network services;
(b) broadcasting services; and
(c) electronic communications services.
(5) Electronic communications network services, broadcasting services and electronic communications services that require a class licence, include, but are not limited
to—
(a) electronic communications networks of district municipality or local municipal scope operated for commercial purposes;
(b) community broadcasting and low power services whether provided free-to-air
or by subscription;
(c) such other services as may be prescribed, that the Authority finds do not have
significant impact on socio-economic development.
(6) In consideration of the implementation of the managed liberalisation policies, the
Authority may only accept and consider applications for individual electronic
communications network services licences in terms of a policy direction issued by the
Minister in terms of section 3.
(7) The Authority must prescribe regulations—
(a) setting out—
(i) the process and procedures for applying for or registering, amending,
transfering and renewing one or more of the licences specified in
subsections (2) and (4);
(ii) the documentation that applicants or registrants in the case of class
licences, must include with their applications or registrations;
(iii) the licence fees applicable to the licences specified in subsections (2) and
(4), taking into account any policy or policy directions issued by the
Minister in terms of section 3; and
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