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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
magnetic systems or any agency of a like nature, whether with or without the aid of
tangible conduct, but does not include content service;
‘‘electronic communications facility’’ includes but is not limited to any—
(a) wire;
(b) cable (including undersea and land-based fibre optic cables);
(c) antenna;
(d) mast;
(e) satellite transponder;
(f) circuit;
(g) cable landing station;
(h) international gateway;
(i) earth station; and
(j) radio apparatus or other thing,
which can be used for, or in connection with, electronic communications, including
where applicable—
(i) collocation space;
(ii) monitoring equipment;
(iii) space on or within poles, ducts, cable trays, manholes, hand holds and
conduits; and
(iv) associated support systems, sub-systems and services, ancillary to such
electronic communications facilities or otherwise necessary for controlling
connectivity of the various electronic communications facilities for proper
functionality, control, integration and utilisation of such electronic communications facilities;
‘‘electronic communications network’’ means any system of electronic communications facilities (excluding subscriber equipment), including without limitation—
(a) satellite systems;
(b) fixed systems (circuit- and packet-switched);
(c) mobile systems;
(d) fibre optic cables (undersea and land-based);
(e) electricity cable systems (to the extent used for electronic communications
services); and
(f) other transmission systems, used for conveyance of electronic communications;
‘‘electronic communications network service’’ means a service whereby a
person makes available an electronic communications network, whether by sale,
lease or otherwise—
(a) for that person’s own use for the provision of an electronic communications
service or broadcasting service;
(b) to another person for that other person’s use in the provision of an electronic
communications service or broadcasting service; or
(c) for resale to an electronic communications service licensee, broadcasting
service licensee or any other service contemplated by this Act,
and ‘‘network services’’ is construed accordingly;
‘‘electronic communications network service licensee’’ means a person to whom
an electronic communications network service licence has been granted in terms of
section 5(2) or 5(4);
‘‘electronic communications service’’ means any service provided to the public,
sections of the public, the State, or the subscribers to such service, which consists
wholly or mainly of the conveyance by any means of electronic communications
over an electronic communications network, but excludes broadcasting services;
‘‘electronic communications service licensee’’ means a person whom an
electronic communications services licence has been granted in terms of section
5(2);
‘‘emergency organisation’’ means, in respect of any locality, the relevant police,
fire, ambulance or traffic authority or coast guard services for that locality and any
other similar organisation providing assistance to the public in emergencies;
‘‘end-user means a subscriber and persons who use the services of a licensed
service referred to in Chapter 3;
‘‘essential facility’’ means an electronic communications facility or combination
of electronic communications or other facilities that is exclusively or predominantly provided by a single or limited number of licensees and cannot feasibly
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