ommunication and Broadcasting Services in South Africa
Telecommunications and broadcasting services in South Africa are regulated by the Electronic Communications Act, No. 36 of 2005 (ECA).
The ECA came into force on 19 July 2006. It repeals the Telecommunications Act, No. 103 of 1996 (Telecommunications Act) and the Independent Broadcasting Authority Act, No. 153 of 1993 (IBA Act), and amends the Broadcasting Act, No. 4 of 1999 (Broadcasting Act).
Licensing under the ECA
The ECA removes the distinction between the different types of telecommunication services referred to in the Telecommunications Act. In terms of the ECA, all types of telecommunication services fall under the umbrella of electronic communications services.
Accordingly, there is no longer a distinction between services such as public switched telecommunication services, mobile cellular telecommunication services, national long distance telecommunication services or value-added network services. The rationale for eradicating the categories of services is to promote competition in the electronic communications sector.
The ECA makes provision for the licensing of three categories of services:
- electronic communications network services;
- electronic communications services; and
- broadcasting services.
Two types of licences may be issued within these categories of services, namely individual licences and class licences. Electronic communications network services, electronic communications services, and broadcasting services that require individual licences include:
- electronic communications networks of a provincial and national scope and that are operated for commercial purposes;
- electronic communications services consisting of voice telephony that require numbers from the national numbering plan;
- commercial broadcasting and public broadcasting services of national or regional scope; and
- any of the above services where a state entity holds an ownership interest (either directly or indirectly) of more than 25% of the share capital of the person 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 unde