| (1) |
The Authority may, in accordance with this Chapter and the regulations prescribed hereunder, grant individual and class licences. |
| (2) |
The Authority may, upon application and due consideration in the prescribed manner, grant individual licences for the following: |
| (b) |
broadcasting services; and |
| (3) |
Electronic communications network services, broadcasting services and electronic communications services that require an individual licence, include, but are not limited to— |
| (b) |
commercial broadcasting and public broadcasting of national and provincial scope whether provided free-to-air or by subscription; |
[Section 5(3)(b) substituted by section 5(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (c) |
electronic communications services consisting of voice telephony utilizing numbers from the national numbering plan; |
| (d) |
[Section 5(3)(d) deleted by section 5(b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)] |
| (e) |
such other services as may be prescribed that the Authority finds have significant impact on socio-economic development. |
| (4) |
The Authority may, upon registration in the prescribed manner, grant class licences for the following: |
| (a) |
electronic communications network services; |
| (b) |
broadcasting services; and |
| (c) |
electronic communications services. |
| (5) |
Electronic communications network services, broadcasting services and electronic communications services that require a class licence, include, but are not limited to— |
| (a) |
electronic communications networks of district municipality or local municipal scope operated for commercial purposes; |
| (b) |
community broadcasting or low power services whether provided free-to-air or by subscription; |
[Section 5(5)(b) substituted by section 5(c) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (bA) |
electronic communications services of district municipality or local municipal scope operated for commercial purposes; |
[Section 5(5)(bA) inserted by section 5(d) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (c) |
such other services as may be prescribed, that the Authority finds do not have significant impact on socio-economic development. |
| (6) |
The Authority may only accept and consider applications for individual electronic communications network services licences in terms of a policy direction issued by the Minister in terms of section 3. |
[Section 5(6) substituted by section 5(e) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (7) |
The Authority must prescribe regulations— |
| (i) |
the process and procedures for applying for or registering, amending, transfering and renewing one or more of the licences specified in subsections (2) and (4); |
| (ii) |
the documentation that applicants or registrants in the case of class licences, must include with their applications or registrations; |
| (iii) |
the licence fees applicable to the licences specified in subsections (2) and (4), taking into account any policy or policy directions issued by the Minister in terms of section 3; and |
| (iv) |
the terms and conditions for granting special temporary authorizations for testing purposes, demonstrations and research and development; and |
| (b) |
on any matter relating to the licensing process. |
| (8) |
When applying for a licence an applicant or registrant must demonstrate that the applicant or registrant or the person to be awarded the licence, in the case of— |
| (a) |
a natural person, is a citizen of the Republic; or |
| (b) |
a juristic person, is registered under the laws of the Republic and has its principal place of business located within the Republic. |
[Section 5(8)(b) substituted by section 5(f) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (8A) |
Subsection (8) applies with the changes required by the context to any electronic communications service or network service that may be provided, electronic communications network that may be operated and any radio frequency spectrum that may be used, as contemplated in section 6. |
[Section 5(8A) inserted by section 5(g) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (9) |
The Authority must, in granting a licence— |
| (a) |
ensure that electronic communications network services, broadcasting services and electronic communications services, viewed collectively, are provided by persons or groups of persons from a diverse range of communities in the Republic; and |
| (b) |
promote broad-based black economic empowerment including the empowerment of women and the youth and persons with disabilities, in accordance with the requirements of the ICT charter. |
[Section 5(9)(b) substituted by section 5(h) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (10) |
Individual licences— |
| (a) |
may be issued for a period not exceeding twenty (20) years unless a shorter period is requested by the applicant or determined by the Authority at the time such applicant applies for the licence; and |
| (b) |
may be renewed in accordance with the provisions of this Act. |
| (11) |
Licences granted by the Authority in terms of this section are effective and valid on the date specified in the licence unless a stay or equivalent order of a court of competent jurisdiction, is granted. |
| (12) |
A licence confers on the holder the privileges and subjects him or her to the obligations provided for in this Act and specified in the licence. |
Supreme Court Act, 1959
