GENERAL EXPLANATORY NOTE:
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Words in bold type in square brackets indicate omissions from
existing enactments.
Words underlined with a solid line indicate insertions in
existing enactments.
ACT
To amend the Electronic Communications Act, 2005, so as to insert, amend or
delete certain definitions; to align the Act with broad-based black economic
empowerment legislation; to refine provisions relating to licensing; to make further
provision towards ensuring effective competition amongst persons licensed under
the Act; to remove regulatory bottlenecks; to require the Minister of Communications to establish a council to advise the Minister on broadband policy and
implementation; to make further provision for the discounted rate at which
Internet services must be provided to schools, educational institutions and public
health establishments; to authorise the Minister to require that certain information
be submitted to the Minister; to make provision for the fiduciary duties of
members of the Board of the Universal Service and Access Agency of South Africa;
to provide afresh for the appointment and conditions of appointment of the chief
executive officer of the Board; to make further provision for the utilisation of
money in the Universal Service and Access Fund; and to provide for matters
connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa, as follows:—
B
Amendment of section 1 of Act 36 of 2005, as amended by section 1 of Act 37 of 2007
1. Section 1 of the Electronic Communications Act, 2005 (Act No. 36 of 2005)
5
(hereinafter referred to as the principal Act), is hereby amended—
(a) by the insertion before the definition of ‘‘affiliate’’ of the following definition:
‘‘ ‘Advertising Standards Authority of South Africa’ means the entity
which regulates the content of advertising, or any entity that replaces it
but has the same functions;’’;
(b) by the insertion after the definition of ‘‘Agency’’ of the following definitions: 10
‘‘ ‘allocation’, in relation to a frequency band, means the entry in the
Table of Frequency Allocations of a given frequency band for the
purpose of its use by one or more terrestrial or space radio-communication services or radio astronomy service under specified conditions;
‘assignment’, in relation to a radio frequency or radio frequency 15
channel, means authorisation given by the Authority for a radio station to
use a radio frequency or radio frequency channel under specified
conditions, and ‘‘assign’’ must be interpreted accordingly;’’;