| (c) |
the Republic’s obligations and undertakings under bilateral, multilateral or international treaties and conventions, including technical standards and frequency matters; |
| (d) |
the application of new technologies pertaining to electronic communications services, broadcasting services and electronic communications network services; |
| (e) |
guidelines for the determination by the Authority of licence fees and spectrum fees associated with the award of the licences contemplated in Chapter 3 and Chapter 5, including incentives that may apply to individual licences where the applicant makes binding commitments to construct electronic communications networks and provide electronic communications services in rural and under-serviced areas of the Republic; |
| (e) |
guidelines for the determination by the Authority of licence fees and spectrum fees associated with the award of the licences contemplated in Chapter 3 and Chapter 5, including incentives that may apply to individual licences where the applicant makes binding commitments to construct electronic communications networks and provide electronic communications services in rural and under-serviced areas of the Republic; |
[Section 3(1)(e) substituted by section 3(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (f) |
the promotion of universal service and electronic communications services in under-serviced areas; |
| (g) |
mechanisms to promote the participation of SMME’s in the ICT sector; |
| (h) |
the control, direction and role of state-owned enterprises subject to the Broadcasting Act and the Companies Act, 1973 (Act No. 61 of 1973); and |
| (i) |
any other policy which may be necessary for the application of this Act or the related legislation. |
| (1A) |
The Minister may, after having obtained Cabinet approval, issue a policy direction in order to— |
| (a) |
Initiate and facilitate intervention by Government to ensure strategic ICT infrastructure investment; and |
| (b) |
Provide for a framework for the licensing of a public entity by the Authority in terms of Chapter 3. |
| (2) |
The Minister may, subject to subsections (3) and (5), issue to the Authority or, subject to subsection (5), issue to the Agency policy directions consistent with the objects of this Act, national policies and of the related legislation in relation to— |
| (a) |
the undertaking of an inquiry in terms of section 4B of the ICASA Act on any matter within the Authority’s jurisdiction and the submission of reports to the Minister in respect of such matter; |
| (b) |
the determination of priorities for the development of electronic communications networks and electronic communications services or any other service contemplated in Chapter 3; |
| (c) |
the consideration of any matter within the Authority’s or Agency's jurisdiction reasonably placed before it by the Minister for urgent consideration; |
| (d) |
guidelines for the determination by the Authority of spectrum fees; and |
| (e) |
any other matter which may be necessary for the application of this Act or the related legislation. |
[Section 3(2) substituted by section 3(b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (3) |
No policy made by the Minister in terms of subsection (1) or policy direction issued by the Minister in terms of subsection (2) may be made or issued regarding the granting, amendment, transfer, renewal, suspension or revocation of a licence, except as permitted in terms of this Act. |
| (4) |
The Authority, or the Agency, as the case may be, in exercising its powers and performing its duties in terms of this Act and the related legislation must consider policies made by the Minister in terms of subsection (1) and policy directions issued by the Minister in terms of subsection (2). |
[Section 3(4) substituted by section 3(c) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (5) |
When issuing a policy under subsection (1) or a policy direction under subsection (2) the Minister— |
| (a) |
must consult the Authority or the Agency, as the case may be; and |
| (b) |
must, in order to obtain the views of interested persons, publish the text of such policy or policy direction by notice in the Gazette— |
| (i) |
declaring his or her intention to issue the policy or policy direction; |
| (ii) |
inviting interested persons to submit written submissions in relation to the policy or policy direction in the manner specified in such notice in not less than 30 days from the date of the notice; |
| (c) |
must publish a final version of the policy or policy direction in the Gazette. |
[Section 3(5) substituted by section 3(d) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (6) |
The provisions of subsection (5) do not apply in respect of any amendment by the Minister of a policy direction contemplated in subsection (2) as a result of representations received and reviewed by him or her after consultation or publication in terms of subsection (5). |
| (7) |
Subject to subsection (8), a policy direction issued under subsection (2) may be amended, withdrawn or substituted by the Minister. |
| (8) |
Except in the case of an amendment contemplated in subsection (6), the provisions of subsection (3) and (5) apply, with the necessary changes, in relation to any such amendment or substitution of a policy direction under subsection (7). |
| (9) |
The Authority may make recommendations to the Minister on policy matters in accordance with the objects of this Act. |
| (10) |
If it is reasonable and justifiable in the circumstances, as contemplated under the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), the Minister may depart from the time period specified in subsection (5)(b)(ii). |
[Section 3(10) inserted by section 3(e) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
Supreme Court Act, 1959
