| (1) | The Authority may, subject to the provisions of the Standards Act, 2008 (Act No. 8 of 2008), prescribe standards for the performance and operation of any equipment or electronic communication facility, including radio apparatus. |
[Section36(1) substituted by section 18 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (2) | Any such standard must be aimed at— |
| (b) | ensuring the proper functioning of connected equipment or electronic communications facilities; |
| (c) | ensuring interoperability, interconnectability and harmonisation; and |
| (a) | The regulations made in terms of subsection (1) may, for the purposes of this section and without publishing the text of the technical standard, incorporate any technical standard by reference to— |
| (i) | the number, title and year of issue of the technical standard; or |
| (ii) | other particulars by which the particular standard can be identified. |
| (b) | Any technical standard incorporated as contemplated in paragraph (a) is considered to be a regulation to the extent that the technical standard is not contrary to the regulations. |
| (c) | Whenever any technical standard is, at any time after its incorporation in terms of paragraph (a), amended or substituted by a competent national body, the regulation in terms of which such technical standard was incorporated in the regulations must, unless otherwise stated therein, be considered to refer to such technical standard as so amended or substituted, as the case may be. |
| (d) | The Authority must keep the text of each— |
| (i) | technical standard incorporated in the regulations in terms of paragraph (a); and |
| (ii) | amendment or substitution of the text. |
| (e) | The text of each incorporated technical standard must be open to inspection by the public during the normal office hours of the Authority. |
| (f) | The Authority may, at the request of any person and on payment of such fee as may be prescribed, furnish him or her with a copy of the text. |
