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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Electronic Communications Act, No. 36 of 2005

Long title


To promote convergence in the broadcasting, broadcasting signal distribution and telecommunications sectors and to provide the legal framework for convergence of these sectors; to make new provision for the regulation of electronic communications services, electronic communications network services and broadcasting services; to provide for the granting of new licences and new social obligations; to provide for the control of the radio frequency spectrum; to provide for the continued existence of the Universal Service Agency and the  Universal Service Fund; and to provide for matters incidental thereto.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS

CHAPTER 1. INTRODUCTORY VISIONS
1.  Definitions
2.  Object of Act

CHAPTER 2. POLICY AND REGULATIONS
3.  Ministerial Policies and Policy directions
4.  Regulations by Authority

CHAPTER 3. LICENSING FRAMEWORK
5.  Licensing
6.  Licence exemption
7.  Prohibition of provision of service without licence
8.  Terms and conditions for licences
9.  Application for and granting of individual licences
10.  Amendment of individual licence
11.  Renewal of individual licence
12.  Surrender of individual licence
13.  Transfer of individual licence or change of ownership
14.  Suspension or cancellation of individual licence
15.  Effect of suspension, cancellation, surrender or expiry of individual licence
16.  Class licence
17.  Registration for class licence
18.  Refusal of registration for class licence
19.  Renewal of class licence

CHAPTER 4. ELECTRONIC COMMUNICATIONS NETWORKS AND COMMUNICATIONS FACILITIES
20. Application
21.  Rapid deployment of electronic communications facilities [...Title amended by Act 2014_001_013_20140407 - was entitled "Guidelines for rapid deployment of electronic communications facilities"]
22.  Entry upon and construction of lines across land and waterways
23.  Underground pipes for purposes of electronic communications network service
24.  Pipes under streets
25.  Removal of electronic communications network facilities
26.  Fences
27.  Trees obstructing electronic communications network facilities
28.  Height or depth of electronic communications network facilities
29. Electrical works

CHAPTER 5. RADIO FREQUENCY SPECTRUM
30. Control of radio frequency spectrum
31. Radio frequency spectrum licence
32. Control of possession of radio apparatus
33. Frequency co-ordination
34. Radio frequency plan

CHAPTER 6. TECHNICAL EQUIPMENT AND STANDARDS
35. Approval of type
36. Technical standards for equipment and electronic communications facilities

CHAPTER 7. INTERCONNECTION
37. Obligation to interconnect 
38. Interconnection regulations
39. Filing of interconnection agreements
40. Notification of interconnection disputes
41. Interconnection pricing principles
42. Carrier pre-selection

CHAPTER 8. ELECTRONIC COMMUNICATIONS FACILITIES LEASING
43. Obligation to lease electronic communications facilities
44. Electronic communications facilities leasing regulations
45. Filing of electronic communications facilities leasing agreements
46. Notification of electronic communications facilities leasing agreement disputes
47. Facilities leasing pricing principles

CHAPTER 9. BROADCASTING SERVICES
48. Application
49. Public broadcasting service licences
50. Community broadcasting service licences
51. Commercial broadcasting service licences
52. Prohibition on granting of broadcasting service licence to party-political entities, independent candidates and independent representatives [... Title amended by Act 2024_014_037_20240507 - was entitled "Prohibition on granting of broadcasting service licence to party-political entities"] 
53. Record of programmes broadcast by broadcasting service licensees
54. Code of conduct for broadcasting service licensees
55. Control over advertisements
56. Prohibition on broadcasting of election broadcasts and political advertisements except in certain circumstances [... Title amended by Act 2024_014_038_20240507 - was entitled "Prohibition on broadcasting of party election broadcasts and political advertisements except in certain circumstances"] 
57. Broadcasting of election broadcasts on public broadcasting services [... Title amended by Act 2024_014_039_20240507 - was entitled "Broadcasting of party election broadcasts on public broadcasting services"] 
58. Political advertising on broadcasting services
59. Equitable treatment of political parties and independent candidates by broadcasting service licensees during election period  [... Title amended by Act 2024_014_041_20240507 - was entitled "Equitable treatment of political parties by broadcasting service licensees during election period"]
60. Restriction on subscription broadcasting services
61. Preservation of South African programming
62. Broadcasting signal distribution objectives
63. Self provisioning by broadcasting service licensees
64. Limitations on foreign control of commercial broadcasting services
65. Limitations on control of commercial broadcasting services
66. Limitations on cross-media control of commercial broadcasting services

CHAPTER 10. COMPETITION MATTERS
67. Competition matters

CHAPTER. 11 NUMBERING
68. Numbering plans and number portability

CHAPTER 12. CONSUMER ISSUES
69. Code of conduct, end-user and subscriber service charter
70. Persons with disabilities [...Title amended by Act 2005_036_070_20060418 - was entitled "People with disabilities"]
71. Consumer Advisory Panel

CHAPTER 13. GENERAL
72. Establishment of Electronic Communications and 1CT Museum, information communication technology for government and other related services
72A. National Broadband Council [...inserted by Act 2014_001_032_20140407]
73. E-rate
74. Offences and penalties
75. Directory services
76. Establishment of public emergency communications centres
77. Duties of 112 Emergency Centres and licensees
78. National Public emergency number
79. Standards, capabilities and operating procedures of 112 Emergency Centres
79A. Limitation of liability [...inserted by Act 2014_001_034_20140407]
79B. Limitation of liability [...inserted by Act 2014_001_034_20140407]

CHAPTER 14. UNIVERSAL SERVICE AND ACCESS AGENCY OF SOUTH AFRICA
80. Continued existence of Universal Service Agency
81. Functions of Board
81A. Fiduciary duties of Board members, and removal and dissolution [...inserted by Act 2014_001_036_20140407]
82. Functions of Agency
82A. Appointment of chief executive officer [...inserted by Act 2014_001_038_20140407]
82B. Conditions of appointment of CEO [...inserted by Act 2014_001_038_20140407]
82C. Termination of employment of CEO [...inserted by Act 2014_001_038_20140407]
82D. Acting chief executive officer [...inserted by Act 2014_001_038_20140407]
82E. Delegation and assignment by CEO [...inserted by Act 2014_001_038_20140407]
83. CEO and staff of Agency
84. Financing of Agency
85. Banking account
86. Annual and other reports
87. Continued existence and control of Universal Service Fund
88. Application of money in Universal Service and Access Fund
89. Contributions to Universal Service and Access Fund
90. Competitive tender for universal service and access projects
91. Accounts of Universal Service and Access Fund

CHAPTER 15. TRANSITIONAL PROVISIONS
92. Existing licences
93. Licence conversion
94. Conflicts
95. Existing regulations
96. Application of Act
97. Repeal and amendment of laws
98. Short title and commencement
Sch. SCHEDULE [s97]
 
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