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

Regulations

Radio Frequency Spectrum Amendment Regulations, 2021

Part IX - Annexures

Annexure B

Reasons Document for the Annexure B of the Radio Frequency Spectrum Regulations 2015 - December 2021

3. Legislative and Regulatory Framework

Purchase

3.1

The Authority is empowered by the provisions of section 31(6) read with section 6(1)(d), section 6(2)(e), section 6(3), and section 32(1)(b) of the Electronic Communications Act 36 of 2005 (“ECA”) to exempt certain apparatus from requiring a radio frequency spectrum licence. In terms of section 31(6) of the ECA, the Authority may prescribe types of radio apparatus, the use or possession of which or the circumstances in which the use or possession of radio apparatus, does not require a radio frequency spectrum licence.

3.2

The Authority is empowered by the provisions of section 4(1) and 36(1) of the Electronic Communications Act 36 of 2005 (“ECA”) read with section 4(3)(j) of the Independent Communications Authority of South Africa Act 13 of 2000 (“ICASA Act”) as amended to prescribe the Official List of Regulated Standards for Technical Equipment and Electronic Communications Facilities Regulations.