Electronic Communications Act, 2005 |
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Electronic Communications Act, 2005 |
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To promote convergence in the broadcasting, broadcasting signal distribution and telecommunications sectors and to provide the legal framework for convergence of these sectors; to make new provision for the regulation of electronic communications services, electronic communications network services and broadcasting services; to provide for the granting of new licences and new social obligations; to provide for the control of the radio frequency spectrum; to provide for the continued existence of the Universal Service Agency and the Universal Service Fund; and to provide for matters incidental thereto.
Last update: July 2024
Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996
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The Electronic Communications Act, 2005 (Act No. 36 of 2005), has been updated with the addition of Mobile Broadband Services Regulations, 2021, and Amendments to these Regulations, as per Notice No’s 1960, GG46155 dated 31 March 2022 and 2617, GG50910 dated 5 July 2024, respectively.
The Electronic Communications Act, 2005 (Act No. 36 of 2005), has been updated with the Repeal of N2890 of 2022 and new Radio Frequency assignment plan for the IMT2300 Frequency Bank, as per Notice No. 4824 of GG50657, dated 15 May 2024.
The Electoral Matters Amendment Act, 2024 (Act No. 14 of 2024) has updated and made Amendments to this Act as per Notice No. R.4790 of GG50624, dated 7 May 2024 – effective 9 May 2024 per Proclamation 165, GG50628, 8 May 2024.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Amendment of Regs under N101 of 2014 - National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014, as per Notice No. 4744 of GG50529 dated 17 April 2024.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Amendments to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014 under Notice No. 101 of 2014, as per Notice No. 4443 of GG50204 dated 26 February 2024.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Illegal Provision of or Access to Satellite Internet Services and Possession, Distribution or Use of Satellite Broadband Terminals and Equipment in South Africa, as per General Notice No. 2203 of GG49777 dated 28 November 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice regarding Final Radio Frequency Assignment Plans for the Frequency Band 1518 to 1525 MHz in terms of Regulation 3 of the Radio Frequency Spectrum Regulations, 2015, as per Notice No. 3768 of GG49079, dated 4 August 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice regarding Final Radio Frequency Assignment Plans for the Frequency Band 440 to 450 MHz in terms of Regulation 3 of the Radio Frequency Spectrum Regulations, 2015, as per Notice No. 3767 of GG49079, dated 4 August 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice regarding Final Radio Frequency Assignment Plans for the Frequency Band 410 to 430 MHz in terms of Regulation 3 of the Radio Frequency Spectrum Regulations, 2015, as per Notice No. 3766 of GG49079, dated 4 August 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice regarding Final Radio Frequency Assignment Plans for the Frequency Band 406.1 to 410 MHz in terms of Regulation 3 of the Radio Frequency Spectrum Regulations, 2015, as per Notice No. 3765 of GG49079, dated 4 August 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice regarding Final Radio Frequency Assignment Plans for the Frequency Band 380 to 399.9 MHz in terms of Regulation 3 of the Radio Frequency Spectrum Regulations, 2015, as per Notice No. 3764 of GG49079, dated 4 August 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice regarding Final Radio Frequency Assignment Plans for the Frequency Band 335.4 to 380 MHz in terms of Regulation 3 of the Radio Frequency Spectrum Regulations, 2015, as per Notice No. 3763 of GG49079, dated 4 August 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice regarding Final Radio Frequency Assignment Plans for the Frequency Band 138 to 144 MHz in terms of Regulation 3 of the Radio Frequency Spectrum Regulations, 2015, as per Notice No. 3761 of GG49079, dated 4 August 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Consumer Advisory Panel Regulations, 2023, as per General Notice 1917 of GG48960, dated 14 July 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with the Broadcasting Digital Migration Policy: Announcement of Date for Final Switch-off of the Analogue Signal and the end of Dual Illumination, as per Notice No. 3554 of GG48793, dated 15 June 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with the Increase of Administrative Fees in relation to Type Approval; Increase of Administrative Fees in relation to Service Licences and a Notice in terms of Regulation 9A of RFS Licence Fee Amendment Regulations, as per Notice No. 1711 of GG48310, dated 29 March 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with End-User and Subscriber Service Charter Fourth Amendment Regulations, 2023, as per Notice No. 3207 of GG48318, dated 27 March 2023.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Rules for Services Operating in the Frequency Band: 3300 – 3400 MHz, as per Notice No. 2891 of GG47788, dated 20 December 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Rules for Services Operating in the Frequency Band: 2300 – 2400 MHz, as per Notice No. 2890 of GG47788, dated 20 December 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Rules for Services Operating in the Frequency Band: 880 – 915 MHz, as per Notice No. 2889 of GG47788, dated 20 December 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Rules for Services Operating in the Frequency Band: 791 – 821 MHz, as per Notice No. 2888 of GG47788, dated 20 December 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Rules for Services Operating in the Frequency Band: 733 – 758 MHz, as per Notice No. 2887 of GG47788, dated 20 December 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Rules for Services Operating in the Frequency Band: 703 – 733 MHz, as per Notice No. 2886 of GG47788, dated 20 December 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Rules for Services Operating in the Frequency Band: 3400 - 3600 MHz, as per Notice No. 2879 of GG47763, dated 19 December 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice regarding Termination of the Information and Communications Technology ("ICT") COVID-19 National Disaster Regulations, 2021, as per Notice No. 1021, GG46352, dated 11 May 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Amendments to Regulations under Notice 170 of 2021: Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDGs) and the application of the ICT Sector Code, 2021, as per Notice No. 983, GG46245, dated 14 April 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with the Increase of Administration Fees in relation to Type Approval, as per Notice No. 1956, GG46151, dated 31 March 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice in terms of Regulation 9A of Radio Frequency Spectrum Licence Fee Amendment Regulations, as per Notice No. 1955, GG46151, dated 31 March 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with the Increase in Administration Fees in respect to Service Licences, as per Notice No. 1954, GG46151, dated 31 March 2022.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with the Amendment of the RADIO FREQUENCY SPECTRUM REGULATIONS, 2015 under Notice No. 279 of 2015, as per Notice No. 737, GG45690, dated 24 December 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with a Notice of the Implementation of the Number Portability Regulations, 2018 and Repeal of Notice No. 392 of 2018, as per General Notice No. 731, GG45653, dated 15 December 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been updated with the Repeal of Regulations under Notice 238 of 6 April 2020 and New Regulations: The ICT COVID-19 National State of Disaster Regulations, 2021, as per Notice No. 661, GG45458, dated 11 November 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been updated with Amendments to the Municipal Elections Broadcasts and Political Advertisements Regulations, 2021 under Notice R.203 of 2011, as per Notice No. 597, GG45312, dated 13 October 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been updated by Amendments to the Regulations under Notice No. R. 203 of 2011, as per Notice No. 588, GG45272, dated 6 October 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been updated by the publication of an amendment to ICT COVID-19 National Disaster Sixth Amendment Regulations, as per Notice No. 785, GG45069, dated 31 August 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of an amendment to ICT COVID-19 National Disaster Fifth Amendment Regulations N238 of 2020, Effective 1 June 2021, as per Notice No. 314 of GG 44631, dated 28 May 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of an amendment to Regulations: Sport Broadcasting Services Regulations, 2010 Notice No. R275, GG 33079, 7th April 2010, as per Notice No. 469 of GG 44569, dated 13 May 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of Digital Sound Broadcasting Services Regulations, 2021, as per Notice No. 215 of GG 44469, dated 23 April 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of Admin fees in relation to Type Approval, as per Notice No. 177 of GG 44393, dated 1 April 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of fees in for Radio Frequency Spectrum Licences, as per Notice No. 175 of GG 44391, dated 1 April 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of Admin fees in relation to Services Licences, as per Notice No. 175 of GG 44392, dated 1 April 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDGs) and the application of the ICT Sector Code, 2021, as per Notice No. 170, GG44382, dated 31 March 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by Amendments to Notice 238 of April 2020: Covid-19 National Disaster Regulations, as per Notice No. 165 of GG 44374, dated 31 March 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of a Notice to enforce the regulations on the use of television whitespaces 2018, as per Notice No. 164 of GG 44373, dated 31 March 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of an amendment to Regulations R.525 of 14 June 2010 – Standard Terms and Conditions for Class Licences under Chapter 3, as per Notice No. 131 of GG 44328, dated 25 March 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of a Moratorium on Applications in respect of Radio Frequency Spectrum Assignments in Radio Frequency Bands identified for implementation of IMT Systems and the 3600 – 3800 MHz Radio Frequency Spectrum Band, as per Notice No. 47 of GG 44167, dated 17 February 2021.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of Licensing process for Individual Electronical Communications Network Service and Radio Frequency Spectrum for Wireless Open Access Network (WOAN), as per Notice No. 696 of GG 43968, dated 4 December 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of an Amendment to Notice R238 (6 April 2020 GG 43207), as per Notice No. 678 of GG 43945, dated 27 November 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of Amendments to ICT COVID-19 National Disaster Regulations, as Notice No. 500 of GG 43707, dated 11 September 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of Amendments to Numbering Plan Regulations 2016 (N370 of 24 March 2016), as Notice No. 245 of GG 43230, dated 15 April 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of the commencement date of the Regulations on the use of Television White Spaces, 2018, as Notice No. 438 of GG 43617, dated 17 August 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of Policy Direction on the Introduction of Digital Sound Broadcasting in South Africa, as Notice No. 759 of GG 43514, dated 10 July 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of a Framework to Qualify to Operate a Secondary Geo-Location Spectrum Database, as Notice No. 311 of GG 43298, dated 5 June 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of the Notice of the Radio Frequency Spectrum Assignment Plan for the Frequency Band 2500 to 2690 MHz (IMT 2600), as Notice No. 285 of GG 43341, dated 22 May 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated by the publication of the Final Radio Frequency Spectrum Assignment Plan for the Frequency Band 470 to 694 MHz, as Notice No. 284 of GG 43341, dated 22 May 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) amends Regulation N238 of 6 April 2020, as Notice No. 252 of GG 43279, dated 5 May 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended for the Harmonisation of Short Code “111” for COVID-19 National Emergency Services, per Government Gazette 43229, Notice 244, dated 15 April 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended by documenting the Renewal of Radio Frequency Spectrum Licences, per Government Gazette 43204, Notice 237, dated 3 April 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated to record the increase in Admin Fees in relation to Service Licences, as Notice No. 197 of GG 43129, dated 23 March 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated to record the increase in Admin Fees in relation to Type Approval, as Notice No. 196 of GG 43129, dated 23 March 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated to record an amendment to Radio Frequency Spectrum Licence Fees, as Notice No. 195 of GG 43129, dated 23 March 2020.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended by documenting the amendment of Radio Frequency Spectrum Regulations, 2015. per Government Gazette 42808, Notice 585, dated 30 October 2019.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended by documenting the Final Radio Frequency Migration Plan. Per Government Gazette 42337, Notice 166, dated 29 March 2019.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended by Government Gazette 42725, Notice 510, dated 27 September 2019.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended by Government Gazette 42374, Notice 534, dated 2 April 2019.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended by Government Gazette 42225, Notice 128, dated 12 February 2019.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended by Government Gazette 42127, Notice 1408, dated 21 December 2018.
The Electronic Communications Act, 2005 (No. 36 of 2005), has been updated with the Number Portability Regulations, 2018, as per Notice No. 1021, GG41949, dated 1 October 2018.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been updated by Regulations, Radio Frequency Spectrum Licence Fee Regulations, 2010, Annexure "A" as per Notice No. 156 of GG 41516 dated 23 March 2018.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated to record Regulations on the use of Television White Spaces, 2018, as Notice No. 147 of GG 41512, dated 23 March 2018.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations, Call Termination Regulations, 2014 amended, as per GG 41167, Notice No. 811 dated 6 October 2017.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations, Call Termination Regulations, 2014 amended, as per GG 41132, Notice No. 729 dated 22 September 2017.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended by Government Gazette 40725, Notice 241, dated 28 March 2017.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations, End-User and Subscriber Service Charter Regulations, 2016 as per Notice No. 189 of GG 39898 dated 1 April 2016.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated with Regulations, Radio Frequency Spectrum Regulations 2015, Part IV - Procedures for Radio Frequency Spectrum Licensing and Assignment, 15. Permission to Assign, Cede or Transfer Control of a Radio Frequency Spectrum Licence, as per GG 38754, Notice No. 386 dated 30 April 2015.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations, Class Licensing Processes and Procedures Regulations (as amended), 2010 as per Notice No. 157 of GG 39874 dated 30 March 2016.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations regarding Standard Terms and Conditions for Class Licences under Chapter 3, Standard Terms and Conditions for Class Broadcasting Services Regulations as per Notice No. 155 of GG 39872 dated 30 March 2016.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations, Numbering Plan Regulations, 2016 as per Notice No. 370 of GG39861 dated 24 March 2016.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Radio Frequency Spectrum Licence Fee Regulations, 2010 as per Notice No. 280 of 2015 of GG 30642 dated 30 March 2015.
The Electronics Communications Act, 2005 (Act No. 36 of 2005) has been amended by Notice Regarding the Radio Frequency Spectrum Regulations 2015, Government Gazette 38641, Notice 279 of 2015, dated 30 March 2015.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated with Regulations, Call Termination Regulations, 2014 as per GG 38042, Notice 844 dated 30 September 2014.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by the amendment of Regulations, Mobile Television Regulations, 2010 as per GG 37929, Notice No. 682 dated 22 August 2014.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been amended by Government Gazette 37536, Notice No. 266, Electronic Communications Amendment Act, 2013, dated 7 April 2014.
The Electronic Communications Act, 2005 (No. 36 of 2005) has been amended by Government Gazette 37350, Notice 101, dated 17 February 2014.
The Electronic Communications Act, 2005 (No. 36 of 2005) is updated to record Type approval Regulations, 2013, as Notice No. 871 of GG 36785, dated 26 August 2013.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations, ICASA General Licence Fees Regulations, 2012 as per Notice No. 299 of 2013 of GG 36323 dated 28 March 2013.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations, Digital Migration Regulations, 2012, GG 36000, Notice No. 1070 dated 14 December 2012.
The Act has been updated with Regulations Notice No. R. 93 in Government Gazette No. 34010 dated 10 February 2011.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations, Carrier Pre-selection Regulations, 2010 as per Notice No. 924 of GG 33589 dated 27 September 2010.
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been updated by Regulations, Licensing Processes and Procedures Regulations, 2010 as per Notice No. R. 526 of GG 33297 dated 14 June 2010.
This Act has been updated with Regulations No. R. 522 in Government Gazette No. 33293 dated 14 June 2010; Regulations No. 523 in Government Gazette No. 33294 dated 14 June 2010; and Regulations R. 525 in Government Gazette No. 33296 dated 14 June 2010.
This Act has been updated by Notice No. 617 in Government Gazette No. 33377 dated 13th July 2010.
This Act has been updated by Notice No. 924 in Government Gazette No. 33589 dated 27 September 2010 – which replaces Regulations in Notice 811.
This Act has been updated by Regulations – Notice 811 of 2010 in Government Gazette No. 33474 dated 20 August 2010 ; Regulations – Notice 754 of 2010 in Government Gazette No. 33495 dated 27 August 2010 and Notice No. 827 of 2010 in Government Gazette No. 33496 dated 27 August 2010.
This Act has been updated by:
Regulations – Notice No. R. 282 in Government Gazette No. 33101 dated 9 April 2010;
Regulations – Notice No. R. 275 in Government Gazette No. 33079 dated 7 April 2010; and
Regulations – Notice No. R. 318 in Government Gazette No. 33125 dated 16 April 2010.
The Act has been updated by Regulations -Notice No. R. 97 in Government Gazette No. 32956 dated 15 February 2010; and Regulations - Notice No. 46 of 2010 in Government Gazette No. 32885 dated 22 January 2010.
This Act has been updated with End-User and Subscriber Service Charter Regulations 2009, published in Government Gazette No. 32431 dated 24 July 2009.
This Act has been updated with Regulations regarding the Code of Conduct for Broadcasting service licensees, published in Government Gazette No. 32381 dated 6 July 2009.
This Act has been updated by Notice no. R. 720 of 2009 – "Digital Terrestrial Television Regulations" published in Government Gazette No. 32377 dated 3 July 2009.
This Act has been updated with the ICASA General Licence Fees Regulations, printed in Government Gazette No. 32084 dated 1 April 2009.
The Act has been amended by the Electronic Communications Amendment Act, 2007 (Act No. 37 of 2007) as published in Government Gazette No. 30658 dated 8 January 2008.
This Act has been updated with Personal Locator Beacon (PLB) Regulations as published in Government Gazette No. 29685 dated 5 March 2007;
The Electronic Communications Act, 2005 (Act No. 36 of 2005) has been added to the site as published in Government Gazette No. 28743 dated 18 April 2006;