Electronic Communications Act, 2005 (Act No. 36 of 2005)Chapter 3 : Licensing Framework6. Licence exemption |
| (1) | Subject to subsection (2), the Authority may prescribe the— |
| (a) | type of electronic communications services that may be provided; |
| (b) | type of electronic communications networks that may be operated; |
| (c) | type of electronic communications network services that may be provided; and |
| (d) | radio frequency spectrum that may be used, without a licence. |
| (2) | The electronic communications services, electronic communications networks, electronic communications network services and radio frequency spectrum contemplated in subsection (1) may include, but are not limited to— |
| (a) | electronic communications services provided on a not-for-profit basis; |
| (b) | electronic communications services that are provided by resellers; |
| (c) | private electronic communications networks used principally for or integrally related to the internal operations of the network owner. Except that where the private electronic communications networks’ additional capacity is resold, the Authority may prescribe terms and conditions for such resale; |
| (d) | small electronic communications networks such as local area networks; |
| (e) | uses of the radio frequency spectrum that were permitted without a licence prior to the coming into force of this Act and uses of the radio frequency spectrum that the Authority finds would not cause harmful interference with radio frequency spectrum licensees such as low power uses; and |
| (f) | such other services considered to be exempted, as may be prescribed by the Authority. |
| (3) | Any regulations prescribed by the Authority in terms of this section may contain terms and conditions applicable to the exempted electronic communications services, electronic communications networks, electronic communications network services and radio frequency spectrum use and declare contravention of the regulation an offence, subject to section17H of the ICASA Act. |