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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
has received or is to receive, directly or indirectly, any money or other
consideration;
‘‘prescribed’’ means prescribed by regulation made by the Authority in terms of
this Act or the related legislation;
‘‘private electronic communications network’’ means an electronic communications network used primarily for providing electronic communications for the
owner’s own use;
‘‘public broadcasting service’’ means any broadcasting service provided by the
South African Broadcasting Corporation or other public state-owned enterprise;
‘‘radio’’ means an electromagnetic wave which is propagated in space without
artificial guide and having a frequency below 3000 GHz;
‘‘radio apparatus’’ means an electronic communications facility which is capable
of transmitting or receiving any signal by radio, excluding subscriber equipment, if
such subscriber equipment is used solely for that purpose;
‘‘radio frequency band’’ means a specified range of frequencies for use by one or
more persons authorised to use the band;
‘‘radio frequency band for security services’’ means one or more specified range
of frequencies for use by one or more agencies classified as a security service;
‘‘radio frequency plan’’ means a national plan that includes, but is not limited
to—
(a) a table of frequency allocations for all bands below 3000 GHz taking into
account the ITU table of allotments, in so far as such allotments have been
adopted and agreed upon by the Republic, which may include designations of
certain utilisations; and
(b) a plan, as applicable, for the migration of systems and equipment of existing
users within specific radio frequency bands, including radio frequency bands
for security services, to different frequency bands;
‘‘radio frequency spectrum’’ means the portion of the electromagnetic spectrum
used as a transmission medium for electronic communications;
‘‘radio frequency spectrum licence’’ means a licence authorising the holder to
use the radio frequency spectrum;
‘‘radio station’’ means one or more transmitters or receivers or a combination of
transmitters and receivers, including the accessory equipment, necessary at one
location for carrying an electronic communications service or any electronic
communications authorised by the authority;
‘‘registered political party’’, for the purposes of Chapter 9, means—
(a) any registered party defined in section 1 of the Electoral Act, 1998; or
(b) any alliance of such registered parties, as the case may be, which, for the
purpose of any particular election, has, before the commencement of the
relevant election period, submitted its list of candidates for the National
Assembly or any other legislature contemplated in the Constitution;
‘‘related legislation’’ means the Broadcasting Act and the Independent Communications Authority of South Africa Act and any regulations, determinations and
guidelines made in terms of such legislation and not specifically repealed by this
Act;
‘‘Republic’’ means the Republic of South Africa, its possessions, air space and
territorial waters;
‘‘reseller’’ means a person who—
(a) acquires, through lease or other commercial arrangement, by any electronic
communications network service or electronic communications service; and
(b) makes such electronic communications network service or electronic communications service available to subscribers for a fee,
whether or not such electronic communications network services or electronic
communications services made available by the reseller—
(i) are identical to the electronic communications network service or electronic
communications service acquired;
(ii) are packaged, bundled or otherwise re-grouped to form new or varied service
offerings;
(iii) are combined, linked or used in connection with electronic communications
networks or electronic communications facilities owned by the reseller; or
(iv) add value to such electronic communications network services or electronic
communications services,
and ‘‘resale’’ is construed accordingly;
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