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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
radio frequency spectrum use and declare contravention of the regulation an offence,
subject to section17H of the ICASA Act.
Prohibition of provision of service without licence
7. Except for services exempted in terms of section 6, no person may provide any
service without a licence.
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Terms and conditions for licences
8. (1) The Authority must prescribe standard terms and conditions to be applied to
individual licences and class licences. The terms and conditions may vary according to
the different types of individual licences and, according to different types of class
licenses.
(2) Such standard terms and conditions may take into account—
(a) whether the service is intended for the public generally or a limited group,
such as the provision of electronic communications network services or
electronic communications services to other licensees contemplated under
this Act;
(b) the licence area of the authorised service;
(c) the duration of the licence;
(d) the protection of the interests of the subscribers and end-users, including, but
not limited to—
(i) the handling and resolution of complaints and disputes;
(ii) the provision of appropriate remedies and redress in respect of such
complaints and disputes;
(iii) the transparency of information about services, tariffs and the rights of
subscribers; and
(iv) any other matter the Authority determines to be necessary in order to
achieve the effective protection of subscribers;
(e) the public interest in ensuring service interoperability, non-discrimination and
open access, interconnection and facilities leasing;
(f) the public interest in securing the efficient functioning of electronic
communications networks including but not limited to preventing or
restricting harmful interference within the radio frequency spectrum;
(g) any universal access and universal service obligations;
(h) the public interest in the provision, availability and use, in the event of a
disaster, of electronic communications networks and electronic communications services;
(i) the public interest in ensuring the protection of public health for the
prevention or avoidance of the exposure of natural persons to electromagnetic fields created in connection with the operation of electronic
communications networks and the provision of broadcasting and electronic
communications services;
(j) the international obligations of the Republic, including compliance with
relevant international standards adopted by the Republic;
(k) the public interest in ensuring the distribution of broadcasting services;
(l) the public interest in facilitating the dissemination and development of a
diverse range of sound and television broadcasting services on a national,
regional and local level, that cater for all language and cultural groups and
provide entertainment, education, news and information;
(m) the public interest in facilitating and maintaining a competitive electronic
communications environment and in regulating and controlling anti-competitive practices; and
(n) the efficient use of the radio frequency spectrum and migration to digital use
of such radio frequency spectrum.
(3) The Authority may prescribe additional terms and conditions that may be applied
to any individual licence or class licence taking into account the provisions of Chapter
10.
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