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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(2) An electronic communications network service licensee must perform its
obligations in terms of this Chapter and in accordance with the regulations prescribed by
the Authority.
Guidelines for rapid deployment of electronic communications facilities
21. (1) The Minister must, in consultation with the Minister of Provincial and Local 5
Government, the Minister of Land Affairs, the Minister of Environmental Affairs, the
Authority and other relevant institutions, develop guidelines for the rapid deployment
and provisioning of electronic communications facilities.
(2) The guidelines must provide procedures and processes for—
(a) obtaining any necessary permit, authorisation, approval or other governmen- 10
tal 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 15
electronic communications facilities.
Entry upon and construction of lines across land and waterways
22. (1) An electronic communications network service licensee may—
(a) enter upon any land, including any street, road, footpath or land reserved for
20
public purposes, any railway and any waterway of the Republic;
(b) construct and maintain an electronic communications network or electronic
communications facilities upon, under, over, along or across any land,
including any street, road, footpath or land reserved for public purposes, any
railway and any waterway of the Republic; and
(c) alter or remove its electronic communications network or electronic 25
communications facilities, and may for that purpose attach wires, stays or any
other kind of support to any building or other structure.
(2) In taking any action in terms of subsection (1), due regard must be had to
applicable law and the environmental policy of the Republic.
Underground pipes for purposes of electronic communications network service
30
23. (1) If any local authority and an electronic communications network service
licensee agree that the provision of the electricity supply and electronic communications
network services to a particular area must be provided by means of an underground
cable, that local authority may on any premises within the said area, when installing
such cable for an underground electricity supply line on the said premises, provide a 35
conduit pipe or other facility for the installation of an underground electronic
communications facility from a point of connection on the street boundary to a building
on those premises, in accordance with the requirements of the electronic communications network services licensee.
40
(2) The cost of the provision of the said conduit pipe or other facility—
(a) is payable to the local authority in question; and
(b) is, for the purpose of any law, considered to be fees payable by the owner of
the premises in question to the local authority in respect of the installation of
the electricity supply line.
Pipes under streets
45
24. (1) A electronic communications network service licensee may, after providing
thirty (30) days prior written notice to the local authority or person owning or
responsible for the care and maintenance of any street, road or footpath—
(a) construct and maintain in the manner specified in that notice any pipes,
tunnels or tubes required for electronic communications network facilities 50
under any such street, road or footpath;