Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsEquipment Authorisation Regulations, 20211. Definitions |
In these Regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the ECA or the ICASA Act has the meaning so assigned;
means a body responsible for third party attestation related to conformity assessment and calibration facilities conveying formal demonstration of their competence to carry out tasks against specified criteria, including criteria in International Guides and Standards;
“Accredited Test Laboratory” or “ATL”
means any laboratory accredited by its own national Accreditation Body and/or other recognised accreditation body in terms of ISO/IEC 17025;
means any other identifier method that may be used as an alternative mark of compliance, including e-labelling;
means radio and associated equipment used by a licensed amateur for the sole purpose of amateur service and amateur-satellite service;
means a radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs,that is, by duly authorised persons interested in radio techniques solely with a personal aim and without pecuniary interest;
means a radiocommunication service using space stations on earth satellites for the same purposes as those of the amateur service;
“Authority” or “ICASA”
means the Independent Communications Authority of South Africa, established by section 3 of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000);
“Certification Body” or "CB"
means any organisation accredited by a recognised Accreditation Body for its competence, confirming that it meets the requirements of ISO/IEC 17065 to certify products, processes and services and issue certification;
“Certificate of Conformity” or “CoC”
means a Certificate issued by the designated Certification Body, confirming conformance of the electronic communications equipment, electronic communications facilities or subscriber equipment with the essential requirements, as set out in regulation 3;
means a process that is used to verify that electronic communications equipment, electronic communications facilities and subscriber equipment meets essential requirements in relation to Equipment Authorisation;
means the Electronic Communications Act, 2005 (No. 36 of 2005), as amended;
means a certification body designated by the Authority, that is qualified to implement and direct the Authority’s conformity assessment procedures within the specific scope of electronic communications, and that issues Certificates of Conformity;
means an alternative marking method using an electronic representation of a mark (or marks) of compliance, provided as part of the operating software of electronic communications equipment, electronic communications facility or subscriber equipment, with a built-in integral display;
means Radio Equipment, Fixed-Line Terminal Equipment or a combination thereof;
means a process by which electronic communications equipment, electronic communications facility or subscriber equipment is approved, by its type, by the Authority, to be used, supplied, sold, offered for sale or lease or hire in the South African marketplace;
means a Certificate issued by the Authority, confirming compliance of the electronic communications equipment, electronic communications facility or subscriber equipment, with the essential requirements of these Regulations;
means the process of exempting electronic communications equipment, electronic communications facility and subscriber equipment, the use of which does not require approval, where such electronic communications equipment, electronic communications facility and subscriber equipment have been approved for use by the European Telecommunications Standards Associations, or other competent standards body, where the equipment complies with the applicable standards, as prescribed in regulation 13;
means fees relating to Equipment Authorisation, as set out in regulation 15 of these Regulations;
means a register that contains the trademark/brand, name, model and type of all electronic communications equipment, electronic communications facilities and subscriber equipment that are authorised, revoked or suspended by the Authority for use, import and supply in South Africa;
means the process of excluding electronic communications equipment, electronic communications facilities and subscriber equipment from these Regulations, with circumstances under which the use of the same does not require approval, as set out in regulation 5;
means electronic communications equipment, subscriber equipment or relevant component thereof, enabling communication which is intended to be connected directly or indirectly by any means to interface with the fixed-line telecommunications network;
means the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000), as amended;
means the logo of the Independent Communications Authority of South Africa, registered in terms of the patent laws of the Republic of South Africa;
means a supplier that is registered with the Companies and Intellectual Property Commission (CIPC);
means a fixed identifier, bearing the ICASA Logo, the unique ICASA-issued Equipment Authorisation number and the associated equipment classification, to mark that the electronic communications equipment, electronic communications facility or subscriber equipment has been authorised;
means activities carried out and measures taken by the Authority to ensure that the authorised electronic communications equipment, electronic communications facilities and subscriber equipment already in the market maintain conformance with the applicable standards, as prescribed in regulation 13;
means the regulations regarding the Official List of Regulated Standards for Technical Equipment and Electronic Communications Facilities as published in Government Gazette No. 39182 of 2015 (Notice 896), as amended by the Authority from time to time;
means a temporary certificate issued by the Authority in terms of the regulation 10 of these Regulations;
means electromagnetic waves of frequencies from 8.3 kHz to 3,000 GHz, propagated in space without an artificial guide;
means a product or relevant component thereof, capable of communication by means of the emission and/or reception of radio, utilising spectrum allocated to terrestrial/space radiocommunication;
“Remote Piloted Aircraft Systems” or "RPAS"
means a remotely-controlled aircraft which is piloted from a remote pilot station, excluding model aircraft and toy aircraft;
“Statement of Conformity” or “SoC”
means the provision of written attestation of conformity (a certificate), by an impartial product certification body which is independent of the organisation or person that provides the electronic communications equipment, electronic communications facility or subscriber equipment, confirming that the electronic communications equipment, electronic communications facility or subscriber equipment meets the essential requirements, as prescribed in regulation 3;
means a manufacturer, importer, distributor, retailer or local representative of electronic communications equipment, electronic communications facilities or subscriber equipment, authorised by the Authority for the purposes of Equipment Authorisation;
means the full report confirming conformance with the applicable standards, as prescribed in regulation 13, and issued by an ATL;