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

Regulations

Type Approval Regulations, 2013

1. Definitions

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In these Regulations, unless the context indicates otherwise a word or expression to which a meaning has been assigned in the Act or the ICASA Act has the meaning so assigned:

 

"Accredited Test Laboratories (ATL)"

means any laboratory accredited by its own national accreditation body and/or other recognized accreditation body in terms of ISO/IEC 17025 requirements;

 

"Applicant"

means any person that submits a completed application form to the Authority in terms of Regulations 5, 6 and 9 of these Regulations;

 

"Badge Engineering"

means applying a different brand or trademark to an equipment model, with the permission of the Original Equipment Manufacturer (OEM);

 

"Conformity Assessment"

means a process that is used to verify that Equipment meets specified requirements in relation to Type Approval;

 

"Equipment"

means Radio Equipment, Telecommunication Terminal Equipment (TIE) or both;

 

"ICASA Act"

means the Independent Communications Authority of South Africa, 2000 (No. 13 of 2000) as amended;

 

"ICASA Logo"

means the logo of the Independent Communications Authority of South Africa registered in terms of the patent laws of the Republic;

 

"Market Surveillance"

means the process of ensuring that approved equipment that is already in the market still complies with minimum technical requirements of the prescribed standards it has claimed to satisfy;

 

"Notification Date"

means the date upon which the Authority receives a completed application form with relevant supporting documents;

 

"Official List"

means regulations issued in terms of section 36 of the Act;

 

"Provisional Type Approval"

means a procedure in terms of Regulation 9 of these Regulations;

 

"Radio Equipment"

means a product or relevant component thereof, capable of communication by means of the emission and/or reception of radio waves utilising spectrum allocated to terrestrial/space radio communication.

 

"Radio Waves"

means Electromagnetic waves of frequencies from 8.3 kHz to 3000 GHz, propagated in space without an artificial guide;

 

"RFID Regulations"

means "Spectrum Re-allocation for Radio Frequency Identification (RFID) Systems" Regulations;

 

"Simplified Type Approval"

means a process whereby a supplier applies for Type Approval in relation to identical Equipment that has already been type approved by the Authority for another supplier in terms of Regulation 5.

 

"SRD Regulations"

means "Radio Frequency Spectrum Licence Exemptions" Regulations;

 

"Standard Type Approval"

means a procedure in terms of Regulation 5 of these Regulations;

 

"Supplier"

means manufacturer, importer, or distributor of Equipment or any person registered with the Authority for the purpose of Type Approval;

 

"Technical Regulations"

means RFID Regulations, SRD Regulations and/or the Official List;

 

"Telecommunication Terminal Equipment (TTE)"

means a product or relevant component thereof, enabling communication which is intended to be connected directly or indirectly by any means to interface with public telecommunication networks;

 

"Test Report"

means the full report confirming conformance with relevant standards, issued by an ATL;

 

"Tested Variant"

means modifications with respect to the technical aspect such as performance and functionality of the Equipment that was type approved by the Authority for the same supplier;

 

"Type Approval"

means a process by which Equipment or a device or system is authorized by the Authority to be used in South Africa or imported into South Africa and involves verification of the Equipment's compliance with the applicable standards and other regulatory requirements;

 

"the Act"

means the Electronic Communications Act, 2005 (No. 36 of 2005) as amended;

 

"Type Approval Certificate"

means a certificate issued by the Authority confirming compliance of the Equipment with the prescribed standards determined by the Authority;

 

"Type Approval fees"

means fees relating to Type Approval as set out in schedule 1 of these Regulations;

 

"Type Approval Holder"

means a person registered and in possession of a Type Approval certificate issued by the Authority;

 

"Type Approval Register"

means a register that contains basic, technical and compliance information on all Equipment approved by ICASA for use, import and supply in South Africa;

 

"Untested Variant"

means modifications with respect to the name and/or model of the Equipment that was type approved by the Authority for the same supplier;