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National Gazette No. 42829, 08 November 2019, Vol 653, Page 106

20191108 - National Gazette No 42829 of 08-November-2019, Volume 653, page 106

Page	106 of 280
Gazette	National Gazettes, No 42829, from 08 November, 2019
Department	ICASA
Notice	Page No. 42 of 209, Notice No. 600, Electronic Communications Act (36/2005), as amended » Notice regarding the Final International Mobile Telecommunications (IMT) Roadmap 2019

106    No. 42829            GOVERNMENT GAZETTE, 8 NOVEMBER 2019

5 SOUTH AFRICAN SPECTRUM LEGISLATIVE
                       FRAMEWORK

The Electronic Communications Act

The Electronic Communications Act, 2005 (Act No. 36 of 2005) (“ECA”), as amended, regulate
                   electronic communications in the Republic of South Africa and the following legislative provisions
                   were found to be of relevance.

Chapter 1: Introductory provisions

Object of Act
                   2. The primary object of this Act is to provide for the regulation of electronic communications in the Republic
                   in the public interest and for that purpose to:
                      (a) promote and facilitate the convergence of telecommunications, broadcasting, information technologies
                      and other services contemplated in this Act;
                      (b) promote and facilitate the development of interoperable and interconnected electronic networks, ensure
                      the provision of the services contemplated in the Act and to create a technologically-neutral licensing
                      framework;
                      (c) promote the universal provision of electronic communications networks and electronic communications
                      services and connectivity for all;
                      (e) ensure efficient use of the radio frequency spectrum;

(f) ensure the provision of a variety of quality electronic communications services at reasonable prices;
                      and

(h) promote stability in the ICT sector.
                      (i) promote competition within the ICT sector;

Chapter 2: Policy and regulations

Ministerial policy and policy directions
                   3. The Minister may make policies on national matters  applicable to the ICT sector, consistent with the
                   objectives of this Act and of the relevant legislation in relation to:
                      (a) the radio frequency spectrum;

(b) the universal service and access policy; and
                      (c)the Republic’s obligations and undertakings under bilateral, multilateral or international treaties and
                      conventions, including technical standards and frequency matters.

Page 42 of 205

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