| (1) |
The Authority must prescribe standard terms and conditions to be applied to individual licences and class licences. The terms and conditions may vary according to the different types of individual licences and, according to different types of class licenses. |
| (2) |
Such standard terms and conditions may include, but are not limited to— |
| (a) |
whether the service is intended for the public generally or a limited group, such as the provision of electronic communications network services or electronic communications services to other licensees contemplated under this Act; |
| (c) |
the duration of the licence; |
| (d) |
the protection of the interests of the subscribers and end-users, including, but not limited to— |
| (d) |
the protection of the interests of the subscribers and end-users, including, but not limited to— |
| (i) |
the handling and resolution of complaints and disputes; |
| (ii) |
the provision of appropriate remedies and redress in respect of such complaints and disputes; |
| (iii) |
the transparency of information about services, tariffs and the rights of subscribers; and |
| (iv) |
any other matter the Authority determines to be necessary in order to achieve the effective protection of subscribers; |
| (e) |
the public interest in ensuring service interoperability, non-discrimination and open access, interconnection and facilities leasing; |
| (h) |
the public interest in the provision, availability and use, in the event of a disaster, of electronic communications networks and electronic communications services; |
| (i) |
the public interest in ensuring the protection of public health for the prevention or avoidance of the exposure of natural persons to electromagnetic fields created in connection with the operation of electronic communications networks and the provision of broadcasting and electronic communications services; |
| (j) |
the international obligations of the Republic, including compliance with relevant international standards adopted by the Republic; |
| (k) |
the public interest in ensuring the distribution of broadcasting services; |
| (l) |
the public interest in facilitating the dissemination and development of a diverse range of sound and television broadcasting services on a national, regional and local level, that cater for all language and cultural groups and provide entertainment, education, news and information; |
| (m) |
the public interest in facilitating and maintaining a competitive electronic communications environment and in regulating and controlling anti-competitive practices; |
| (n) |
the efficient use of the radio frequency spectrum and migration to digital use of such radio frequency spectrum; and |
| (o) |
access to broadcasting, postal and electronic communications services for persons with disabilities that include, but are not limited to, services designed to improve accessibility for persons with disabilities, such as videotext, subtitling, audio description and sign language. |
[Section 8(2) substituted by section 6(a) and (b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (3) |
The Authority may prescribe additional terms and conditions that may be applied to any individual licence or class licence subject to the provisions of Chapter 10. |
[Section 8(3) substituted by section 6(c) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (4) |
The Authority may by regulation make provision for the designation of licensees to whom universal service and universal access obligations are to be applicable and may prescribe additional terms and conditions in respect of the relevant universal service and universal access obligations on such designated licensees. |
[Section 8(4) substituted by section 6(c) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (5) |
The Authority, in exercising its powers and performing its functions in terms of this section, as it relates to universal service and universal access, must exercise such powers and perform such functions after consultation with the Agency and must consider determinations made by the Minister in terms of section 82. |
[Section 8(5) inserted by section 6(d) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
Supreme Court Act, 1959
