son providing that service.
Electronic communications network services, electronic communications services, and broadcasting services that require a class licence include:
- electronic communications networks of district municipality or local municipal scope operated for commercial purposes;
- community broadcasting and low power services whether provided free-to-air or by subscription; or
- any other services that the Independent Communications Authority of South Africa (ICASA) finds not to have significant impact on socio-economic development.
The ECA provides that individual licences may be issued for a period not exceeding 20 years, and class licences must be issued for a period not exceeding 10 years.
The ECA also makes provision for the issuing of radio frequency spectrum licences. In this regard, the ECA provides that a radio frequency spectrum licence is required in addition to any service licence where the provision of such service entails the use of radio frequency spectrum.
In terms of the ECA, ICASA may prescribe the:
- types of electronic communications services and electronic communications network services that may be provided without a licence; or
- electronic communications networks that may be operated without a licence; or
- radio frequency spectrum that may be used without a licence.
In this regard, the ECA provides that services that may be provided, or networks that may be operated, without a licence include, but are not limited to:
- electronic communications services that are provided on a not-for-profit basis;
- electronic communications services that are provided by resellers; and
- private electronic communications networks that are used principally for, or integrally related to, the internal operations of the network owner. However ICASA may prescribe terms and conditions of any resale where the network owner resells spare capacity on a private electronic communications network.
ICASA retains the power to regulate electronic communications and broadcasting services in South Africa under the ECA.
Although the IBA Act has been repealed, most of its provisions are retained in the ECA. Accordingly, the regulation of broadcasting under the ECA remains somewhat unchanged.
The ECA contemplates three broad categories of broadcasting services, namely public broadcasting, commercial broadcasting and community broadcasting. As indicated above, depending on the scope of the service, persons who provide a broadcasting service may either be issued with an individual licence or a class licence.
ECA requires all service licensees who make use of radio frequency spectrum to be in possession of a radio frequency spectrum licence. The consequence of this provision is that all persons who provide a broadcasting service will need to be in possession of two licences – an electronic communications service licence and a radio frequency spectrum licence.
Under the previous regulatory dispensation, a broadcasting licensee only required one licence for the purposes of providing the broadcasting service; and a broadcasting signal distribution licence was required by those persons who provided broadcasting signal distribution services.
As indicated above, the ECA amends certain sections of the Broadcasting Act. The amendments have resulted in the Broadcasting Act effectively being an "SABC" Act (the South African Broadcasting Corporation, or SABC, is South Africa's public broadcaster) as it deals with matters pertaining to the SABC.
The ECA imposes an obligation on persons who provide a broadcasting service to contribute towards the Universal Service and Access Fund (USAF). The funds in the USAF must be used to pay subsidies (to, for example, public schools) for providing access to electronic communications.
Electronic communications services
There is still an obligation on electronic communications network service providers to lease electronic communications facilities to any person licensed in terms of the ECA or to persons who provide a service pursuant to a licence exemption.
There is also an obligation on all license