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Amendment of section 17 of Act 36 of 2005
11. Section 17 of the principal Act is hereby amended by the substitution for
subsections (3), (4) and (5) of the following subsections, respectively:
‘‘(3) Subject to section 18, the Authority must, within [sixty (60)] thirty (30)
days after receipt of a registration notice, [grant] issue the class licence and update 5
its internal records by including [the]—
(a) the name of the accepted registrant;
(b) the nature of the service that the registrant proposes to provide; and
(c) the licence conditions applicable to the class licence.
(4) If the Authority delays the [grant] issue of a class licence beyond the [sixty 10
(60)] thirty (30) day period, the Authority must give written notice of the delay and
of the reasons for the delay, to the registrant.
(5) In any case where—
(a) the Authority fails to give notice of a delay to the registrant and fails to [grant]
issue the class licence within the [sixty (60)] thirty (30) days as required in 15
terms of subsection (4);
(b) the registrant has complied with the regulations prescribed in terms of section
5(7) applicable to class [licenses] licences;
(c) the registrant satisfies the conditions provided for in section 5(8); and
(d) the Authority has not [declined to accept] refused or denied the registration 20
notice for the class licence in terms of section 18,
the class licence is considered to have been [granted] issued by the Authority on
the [61st] 31st day after receipt of the registration notice by the Authority.’’.
Amendment of section 20 of Act 36 of 2005
12. Section 20 of the principal Act is hereby amended by the addition of the following 25
subsection:
‘‘(3) The Authority must, within 18 months of the coming into operation of the
Electronic Communications Amendment Act, 2014, prescribe how electronic
communications network service licensees must exercise their rights and fulfil their
obligations under this Chapter and may, within that period, in the prescribed 30
manner, impose conditions and obligations on licensees in the exercise and
fulfilment of such rights and obligations, having considered the policy and policy
directions contemplated in section 21.’’.
Substitution of section 21 of Act 36 of 2005
13. The following section is hereby substituted for section 21 of the principal Act:
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‘‘[Guidelines for rapid] Rapid deployment of electronic communications facilities
21. (1) The Minister must, in consultation with the Minister of
[Provincial and Local Government] Cooperative Governance and
Traditional Affairs, the Minister of [Land Affairs] Rural Development and
Land Reform, the Minister of Water and Environmental Affairs, the
Authority and other relevant institutions, develop [guidelines] a policy and
policy directions for the rapid deployment and provisioning of electronic
communications facilities, following which the Authority must prescribe
regulations.
(2) The [guidelines] regulations must provide procedures and processes
for—
(a) obtaining any necessary permit, authorisation, approval or other
governmental authority including the criteria necessary to qualify for
such permit, authorisation, approval or other governmental authority;
and
(b) resolving disputes that may arise between an electronic communications network service licensee and any landowner, in order to satisfy
the public interest in the rapid rollout of electronic communications
networks and electronic communications facilities.
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