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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(iv) the terms and conditions for granting special temporary authorisations
for testing purposes, demonstrations and research and development; and
(b) on any matter relating to the licensing process.
(8) When applying for a licence an applicant or registrant must demonstrate that the
applicant or registrant or the person to be awarded the licence, in the case of—
(a) a natural person, is a citizen of the Republic; or
(b) a juristic person, is, or will be, registered under the laws of the Republic and
has or will have its principal place of business located within the Republic.
(9) The Authority must, in granting a licence—
(a) ensure that electronic communications network services, broadcasting services and electronic communications services, viewed collectively, are
provided by persons or groups of persons from a diverse range of
communities in the Republic; and
(b) promote the empowerment of historically disadvantaged persons including
women and the youth and people with disabilities, in accordance with the
requirements of the ICT charter.
(10) Individual licences—
(a) may be issued for a period not exceeding twenty (20) years unless a shorter
period is requested by the applicant or determined by the Authority at the time
such applicant applies for the licence; and
(b) may be renewed in accordance with the provisions of this Act.
(11) Licences granted by the Authority in terms of this section are effective and valid
on the date specified in the licence unless a stay or equivalent order of a court of
competent jurisdiction, is granted.
(12) A licence confers on the holder the privileges and subjects him or her to the
obligations provided for in this Act and specified in the licence.
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Licence exemption
6. (1) Subject to subsection (2), the Authority may prescribe the—
(a) type of electronic communications services that may be provided;
(b) type of electronic communications networks that may be operated;
(c) type of electronic communications network services that may be provided;
and
(d) radio frequency spectrum that may be used,
without a licence.
(2) The electronic communications services, electronic communications networks,
electronic communications network services and radio frequency spectrum contemplated in subsection (1) may include, but are not limited to—
(a) electronic communications services provided on a not-for-profit basis;
(b) electronic communications services that are provided by resellers;
(c) private electronic communications networks used principally for or integrally
related to the internal operations of the network owner. Except that where the
private electronic communications networks’ additional capacity is resold, the
Authority may prescribe terms and conditions for such resale;
(d) small electronic communications networks such as local area networks;
(e) uses of the radio frequency spectrum that were permitted without a licence
prior to the coming into force of this Act and uses of the radio frequency
spectrum that the Authority finds would not cause harmful interference with
radio frequency spectrum licensees such as low power uses; and
(f) such other services considered to be exempted, as may be prescribed by the
Authority.
(3) Any regulations prescribed by the Authority in terms of this section may contain
terms and conditions applicable to the exempted electronic communications services,
electronic communications networks, electronic communications network services and
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