Electronic Communications Act, 2005 (Act No. 36 of 2005)

Section 3(1) of the Act allows the Minister to make policies on matters of national policy applicable to the ICT sector, consistent with the objects of the Act and of related legislation in relation to radio frequency spectrum, among others. Section 3(4) further enjoins the Authority, in exercising its powers and performing its duties in terms of the Act and the related legislation, to consider policies made by the Minister.

Following public hearings on the draft regulations, Cabinet approved the Radio Frequency Spectrum Policy (Spectrum Policy) in April 2010².

The Spectrum Policy aims to, among other things, establish principles for spectrum management; facilitate scientific research; establish guidelines for spectrum planning; set principles for spectrum usage and; most importantly, for these regulations, establish principles for spectrum fees.

The Spectrum Policy states that the fees to be paid for the usage of the radio frequency spectrum should be based on factors that take into account the inherent properties of the radio frequency spectrum, such as frequency band, congestion, coverage and geographical area of operation, among others. The Radio Frequency Spectrum Fee Regulations take these principles into account.

² Government Gazette No. 33116, (Notice No. 306 of 16 April 2010)