124
No. 28743
Act No. 36, 2005
No. and year of
Act
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
Short Title
Extent of repeal or amendment
(i) a local access communication
service, public pay-telephone
service, value-added network
service or private electronic
communication network as defined in the Electronic Communications Act; or
(ii) any other electronic communication service licensed or
deemed to be licensed or exempted from being licensed as
such in terms of the Electronic
Communications Act; and
(b) Internet service provider;
(e) by the substitution for the definition of ‘‘telecommunications system’’ of the following definition:
‘‘electronic communication
system’’ means any system or
series of electronic communication facilities or radio, optical or
other electromagnetic apparatus
or any similar technical system
used for the purpose of electronic communication, whether
or not such electronic communication is subject to re-arrangement, composition or other processes by any means in the
course of their transmission or
emission or reception;
(f) by the insertion of the following
definition after the definition of
‘‘Directorate’’:
‘‘Electronic Communications
Act’’ means the Electronic Communications Act, 2005.
2. Section 11 is amended by the substitution for that section of the following section:
Monitoring of signal and radio
frequency spectrum for purposes
of managing radio frequency spectrum.—Any person appointed as an
inspector in terms of section [98]
17F of the [Telecommunications]
Independent Communications Authority of South Africa Act and who
is lawfully engaged in performing
the functions of the Authority relating to the management of the radio
frequency spectrum, as contemplated
in section [28(1)] 30(1) of the Electronic Communications Act [of that
Act], may, in the ordinary course of
the performance of those functions,
monitor a signal or radio frequency
spectrum relating to an indirect communication which is transmitted
over radio, where it is reasonably
necessary for that employee to
monitor that signal or radio frequency spectrum for purposes of
identifying, isolating or preventing
an unauthorised or interfering use of
such a signal or frequency or of a
transmission.
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