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

Regulations

Amendment Standard Terms and Conditions for Class Licences, 2021

Schedule 1 : Class Broadcasting Licences

1. Definitions

 

In these regulations, unless the context otherwise indicates, a word or expression to which a meaning has been assigned in the Act has the meaning so assigned.

 

"Act"

means the Electronic Communications Act, 2005 (Act No. 36 of 2005);

 

"Authority"

means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000);

 

"BS"

means a broadcasting service as defined in section 1 of the Electronic Communications Act 2005 (Act No. 36 of 2005);

 

"Commercial Low Power Sound Broadcasting Service"

means a commercial low power sound broadcasting service whose coverage area is, for instance, shopping malls/centres, sports grounds, show grounds and drive-in movie theatres, or any other like service the Authority may deem appropriate;

[Definition inserted by section 2.1 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

 

"Community Low Power Sound Broadcasting Service"

means a community low power sound broadcasting service operating from and broadcasting to, for instance, old age homes, and links between old age homes and places of worship, or between places of worship, or any other like service the Authority may deem appropriate;

[Definition inserted by section 2.1 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

 

"Effective date"

means the date specified in the licence which may be a past, present of future date from the date of signature;

[Definition substituted by section 2.2 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

 

"Public Service Announcement"

means an announcement broadcast by a broadcasting service licensee aimed at providing information concerning a disaster or immediate grave danger to the public or in the interests of public welfare;

[Definition substituted by section 2.3 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

 

"licence"

means the Class Broadcasting Service licence issued to the Licensee in the form contained in Annexure A of these regulations;

 

"licensee"

means a person named in the licence and issued with a licence to provide services in terms of Chapter 3 of the Act.

 

"Low Power Sound Broadcasting Service"

means a community, private or public sound broadcasting service which radiates power not exceeding one watt;

[Definition inserted by section 2.4 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

"News"

means programming that is not current affairs by a broadcaster in which it reports on events of immediate social, political or economic relevance and on matters of international, national and local significance;

[Definition inserted by section 2.4 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]

 

"Special Event"

means an event of a cultural, religious, political, sporting, commercial or of a similar nature taking place within the applicant’s community or coverage area, which must take place irrespective of whether a licence has been granted or refused.

[Definition inserted by section 2.4 of Schedule 1 of Notice No. 131, GG44328, dated 25 March 2021]