broadcasting and telecommunications

In terms of the Electronic Communications Act, of 2005 (the ECA) all electronic communications networks (ECNs), electronic communications services (ECS), broadcasting services and use of radio frequency (RF) spectrum are required to be licensed unless exempted from the licensing requirements. The ECA established a horizontal licensing framework for the licensing of ECNs, ECS and broadcasting services. Operators are no longer licensed as vertically integrated entities to operate a network and provide a service, as was the case under the Telecommunications Act, of 1996 (which was repealed by the ECA).  Instead, networks and services are licensed separately so that an operator which both operates a network and provides services over that network is required to hold separate licences in respect of the network and the services provided. To the extent that RF spectrum is utilised in the provision of services, a spectrum licence will also be required. The sector regulator, the Independent Communications Authority of South Africa (ICASA), administers the licensing of operators and service providers and the assignment of RF spectrum.

The ECA provides for individual and class licences to be granted. Individual licences will be required in respect of networks and services of relatively large scope which have a socio-economic impact, whereas class, licences to which general conditions are applicable, will be required for other networks and services. Applications for individual licences, in order to operate a network or provide a service for which an individual licence is required, may only be submitted to ICASA in response to an invitation to apply. In addition, ICASA may only issue applications for individual licences to operate ECNs in terms of a policy direction issued by the Minister of Communications.