Telecommunications Act, 1996

3. Application of Act

4. State bound by Act CHAFfER II South African Telecommunications Regullltory Authority

5. Establishment of South African Telecommunications Regulatory Authority

6. Representation by Council

7. Personal requirements in respect of councillors

8. Disqualification of councillors

9. Appointment of councillors 1 0. Tenns of office of cquncillors

11. Remuneration and allowances -of councillors 5 10 15 4 No. 17581 Act No. 103, 1996 GOVERNMENT GAZETIE, 15 NOVEMBER 1996 TELECOMMUNICATIONS ACT, 1996

12. Removal from office

13. Vacancies in Council

14. Meetings of Council

15. Disclosure of conflicting interests

16. Proceedings of Council not invalid in certain circumstances

17. Staff of Authority

18. Financing of Authority

20. Annual and other reports CHAPTER ill Committees, appointment of experts, and enquiries

1. In this Act, unless the context indicates otherwise- . 30 (i) "Agency" means the Universal Service Agency established by section 58; (i) (ii) "Authority" means the South African Telecommunications Regulatory Authority established by section 5; (xii) . . . . . . . . (iii) "broadcasting" means broadcasting as defined in section l of the IDdependent Broadcasting Authority Act, 1993 (Act No. 153 of 1993}; (xxix) . . 35 (iv) "broadcasting services frequency bands" means broadcasting. services frequency bands as defined in section 1 of the Independent Broadcasting . Authority Act, 1993 (Act No. 153 of 1993); (xxvii) (v) "broadcasting signal distribution" means broadcasting signal distribution as defined in section 1 of the Independent Broadcasting Authority Act, 1993 (Act 40 No. 153 of 1993); (xxviii} . . . . (vi) "Council" means the Council of the Authority; (xiii) (vii) "councillor" means any member of the Council; (xiv) (viii) "Department" means the Department of Communications; (ii} (ix) "Director-General" means the Director-General: Communications; (iii) (x) "Eskom" means Eskom referred to in section 2(1) of the Eskom Act, 1987 45 (Act No. 40 of 1987); (iv) {xi) "family member" or "member of the family", in relation to any person, means his or her parent, child or spouse, including a person living with that person as if they were married to each other; (vi) 50 (xii) "fixed line operator" means Telkom and any other person who provides a licensed telecommunication service by means of a telecommunication system 10 No. 17581 Act No. 103, 1996. GOVERNMENT GAZETTE, 15 NOVEMBER 1996 TELECOMMUNICATIONS ACf, 1996 consisting mainly of fixed lines, and "operator" shall be construed accord ingly; (xxxiii) (xiii) "frequency band" means a specified range of frequencies for use by one or· more radio communication services; ••frequency band plan'' means a table setting out the allocations of various frequency bands for use by one or more radio communication services under specified conditions; (v) 5 (xiv) ••Human Resources Fund" means the Human Resources Fund established by section 78; (x) · (xv) ••interconnect" means to link two telecommunications systems so that users 10 of either system may communicate with users of, or utilise services provided by means of, the other system or any other telecommunication system, and .. interconnection" has a corresponding meaning; (viii) (xvi) ••licence" means a licence referred to in section 32; (ix) (xvii) "Minister" means the Minister for Posts, Telecommunications and Broad- 15 (xviii) casting; (xi) .. prescribed"- (a) means, subject to paragraph (b), prescribed by regulation; (b) in relation to radio activities, radio apparatus and other radio matters, . means prescribed by radio regulation; (xxxiv) . 20 (xix) ••radio" means electromagnetic waves which are propagated in space without artificial guide and having frequencies of lower than 3 000 Ghz; (xv) (xx) ••radio apparatus" means a telecommunication facility which is capable of · transmitting or receiving any signal by radio, other than- (a) a sound radio set or other device capable of receiving broadcasting by 25 radio in the form of sound but not also in the form of images or any other visible signal, if such set or device is used only for the reception of broadcasting; . (b) except in sections 54 and 55, a television set as contemplated in the (xxi) (xxii) (xxili) (xxiv) (xxv) Broadcasting Act, 1976 (Act No. 73 of 1976); (xvi) 30 "radio regulation" means a regulation made under section 95; (xvii) "regulation" means a regulation made under section 96; (xviii) "signal" includes signs, sounds, writing or information of any kind; (xix) "station'' means any separate radio apparatus or a combination thereof; (xx) "telecommunication" means the emission, transmission or reception of a 35 signal from one point to another by means of electricity, magnetism, radio or other electromagnetic waves, or any agency of a like nature, whether with or without the aid of tangible conductors; (xxi) (xxvi) ••telecommunication facility" includes any wire, cable, antenna, mast or other thing which is or may be used for or in connection with telecommunication; 40 (xxiii) . (xxvii) ••telecommunication service" means any service provided by means of a (xxviii) telecommunication system; (xxii) .. telecommunication system" means any system or series of teleeolnmunica tion facilities or radio, optical or other electromagnetic apparatus or any 45 similar technical system used for the purpose of telecommunication, whether or not such telecommunication is subject to rearrangement, composition or · othei: processes by any means in the course of their transmission or emission or reception; (xxiv) .. . · . . (xxix) · "Telkom" means Telkom S.A. Limited, a company contemplated in section 50 3(1) of the Post Office Act, 1958 (Act No. 44 of 1958); (xxv) · · · . (xxx) "this Act'' includes the regulations and tJ>.e nidio regulations; (vii) (Xxxi) "Transnet" means Transnet Limited, a company contemplated in section 2(1) of the Legal Succession to the South African Transport' Services Act, 1989 (Act No: 9 of 1989); (rivi) ·. _ . (xxxii) ••umversill access" means universal access to telecommunication services as determined from time to time in terms of section 59(2)(a)(i); (xllii) . . · ._ 55 (xxxili) ••universal service" means ttie universal provision of teleconimunication , services as determined from time to time in terms of section 59(2)( a)(ii); (xxx) (xxxiv) ••universal Service Fund" means the Universal Service Fund established by 60 · . section 65(1). (xxxi) · 12 No. 17581 Act No. 103, 1996 GOVERNMENTGAZE~1SNOVEMBER1~6 TELECOMMUNICATIONS ACf, 1996 (2) In interpreting any provision of this Act regard must be had to the International Telecommunication Conventions concluded at Malaga and Torremolinos in 1973 and Nairobi in 1982 and the Radio Regulations of the International Telecommunication Union. Objects of Act 5 ' 2. The primary object of this Act is to provide for the regulation and control of telecommunication matters in the public interest, and for that purpose to-- (a) promote the universal and affordable provision of telecommunication services; (b) promote the provision of a wide range of teleeommunication serVices in the 10 interest of the economic growth and development of the Republic; (c) make progress towards the universal provision of telecommunication services; (d) encourage investment and innovation in the telecommunications industry; (e) encourage the development of a competitive and effective telecommunica- 15 tions manufacturing and supply sector; . (f) promote the development of telecommunication services which· are· respon- sive to the needs of users and consumers; ' (g) ensure that, in relation to the provision of telecommunication services, the needs of the local communities and areas are duly taken into aecount; · (h) ensure that the needs of disabled persons are taken into account in the 20 provision of telecommunication services; (i) ensure compliance· with accepted technical standards in the provision and development of telecommunication services; (j) ensure fair competition within the telecommunications industry; (k) promote the stability of the telecommunications industry; (l) encourage ownership and control of telecommunication services by persons 25 from historically disadvantaged groups; · . . (m) protect the interests of telecommunications users and consumers; (n) encourage the development of human resources in the telecommunications 30 industry; · · ( o) promote small, medium and micnrenterprises within the telecommunications , industry; . · · . · · (p) ensure efficient use of the radio frequency spectrum; ( q) promote the empowerment and advancement of women in the telecommuni- 35 cations industry .. ' · · AppUcation of Act

3. This Act shall not apply iti relation to broadcasting~ broadcasting signai'distribution or broadcasting services frequency bands, except as provided in sections 28(3) and 127 to 129. · · · · State bound by Act ·. 4. The provisions of this Act bind the State, except- . · · (a) Chapter VI in relation to the South African National Defence Force; and . . (b): sections 101 and 102. · · •. .CHAYfERII S~uth A~an. Telecommunications Regukltory Authority.·. 40 45 Establishment of South African Telecommunications Regulatory Authority . . 5. (1) There is hereby established a juristic person to tJe known aS the S~uth African Telecommunications Regulatory Authority. 14 No. 17581 GOVERNMENT GAZE1TE. 15 NOVEMBER 1996 Act No. 103, 1996 TELECOMMUNICATIONS Acr, 1996 (2) (a) The Authority shall be capable in law of instituting, defending or opposing legal proceedings of whatever nature, of purchasing or otherwise acquiring, holding and alienating or otherwise disposing of movable or immovable property or any other real right or other right or interest, of entering into contracts and concluding agreements and generally, of perfonning such other acts and doing such other things as juristic persons 5 may by law perform and do, subject to the provisions of this Act. _ (b) The Authority may perform all such acts and do all such things as are reasonably necessary for or ancillary, incidental, or supplementary to the performance of any of its functions including any matter contemplated in paragraph (a). (3) The Authority shall be independent and impartial in the performance of its 10 functions. _ . (4) (a) The Minister may from time to time by notice in the Gazette issue to the Authority policy directions consistent with the objects mentioned in section 2. (b) The Minister shall, before a policy direction contemplated in paragraph (a) is issued- (i) consult the Authority; 15 . · (ii) . in order to obtain the view of interested persons, cause the text of such direction to be published in the Gazette together with a notice declaring his or her intention to issue that direction and inviting interested persons to lodge written representations in relation to the direction in the manner specified in 20 such notice within 30 days from the date of the notice; and (iii) refer the proposed direction for comment to the committees of Parliament appointed for the purpose of considering matters relating to telecomrnunica . tions. : (c) The provisions of paragraph (b) shall not apply in respect of any alteration by the 25 Minister of a policy direction in consequence of comments or representations received by him or her pursuant to consultation, publication or reference in terms of that paragraph. (d) The Authority shall perform its functions in terms of this Act in accordance with a policy direction issued under this section. (e) A policy direction issued under this section may be amended, withdrawn or substituted by the Minister, and the provisions of this section shall apply, with the necessary changes, in relation to any such amendment, withdrawal or substitution. Representation by Council 6. (1) The Authority shall be governed and represented by its Council. (2) The Council shall consist of- . (a) a chairperson; and · (b) no fewer than three and no more than five other councillors, appointed by the . ·. President in terms of section 9. (3) All acts of the Council shall in law be regarded as the acts of the Authority. Personal requirements in respect of councillors 7. (1) Councillors shall be persons who (a) are committed to- (i} fairness, openness and accountability on the part of those entrusted with the governance of a public service; (ii) the objects and principles of this Act; (b) when viewed collectively- 30 35 40 45 (i) represent a broad cross-section of the population of the Republic; (ii) possess qualifications, expertise and experience in the fields of, amongst others, telecommunications policy and technology, frequency band 50 planning, law, economics, business practice and finance. Disqualification of councillors 8. ( 1) A person shall not be appointed or continue as a councillor if such person-. 16 No. 17581 GOVERNMENT GAZETIE. 15 NOVEMBER 1996 Act No. 103, 1996 . TELECOMMUNlCATIONS ACT, 1996 (a) is not a citizen of the Republic; (b) is not permanently resident in the Republic; is a public servant or the holder of any other office of profit under the State; (c) (d) is a member of Parliament, any provincial legislature or local authority, or any . (e) · council;• is an office-bearer or employee of any party, movement, organisation or body of a party-political nature; · (f) . or a member of the family of such person has a controlling interest or any substantial financial interest in the telecommunications . or broadcasting industry; (g) or his or her business partner holds an office in or with or is employed by any person, company, organisation or other body, whether corporate or unincor porated, which has an interest contemplated in paragraph (j); 5 10 (h) is an unrehabilitated insolvent; (i) is of unsound mind, or is subject to an order of a competent court declaring 15 such person to be mentally ill or disordered; (j) has at any time been convicted, whether in the Republic or elsewhere, of- (i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Corruption Act, 1992 (Act No. '94 of 1992}, or any other offence involving dishonesty; (ii) an offence under this Act; or (iii) any offence corresponding materially to any offence referred to in '· · subparagraph (i) or (ii); or (k) has at any time been removed from an office of trust on account of • misconduct. (2) A person who is subject to a disqualification contemplated in subsection (l)(b) to (g) may be nominated for appointment and may be appointed as a councillor if at the time of such appointment he or she is no longer subject to that disqualification .. 20 25 Appointment of councillors 9. (1) The chairperson and other members of the Council shall be appointed by the 30 President on the advice of the Parliamentary committees on communications. (2) (a) The Parliamentary committees shall cause a notice to be published in the Gazette inviting interested persons to submit, within a period which shall not be shorter than 10 days after such publication, nominations for appoinunent as· councillorS: (b) The Parliamentary committees shall~ 35 (i) after the expiry of the period for nomination contemplated in paragraph (a), compile a shortlist from the nominations received and publish it in the Gazette, stating the date and time when and the place where a public hearing in respect of each candidate mentioned in the shortlist, will take place; and (ii) hold such public hearing on such date and at such time and place. 40 (c) The Parliamentary committees shall thereafter recommend candidates for appointment as councillors, with due regard to the provisions of sections 5(3), 7 and 8. · (d) The number of candidates so recommended, shall not exceed the number of councillors to be appointed by more than 50 per cent. (e) If the President determines that circumstances exist which render any or some of 45 such candidates unacceptable, he or she shall inform the Parliamentary committees of those circumstances. - _ · (fJ After having been informed as contemplated in paragraph (e), the Parliamentary committees may- . · (i) invite further nominations in accordance with paragraphs (a), (b) and (c); (ii) recommend further candidates in accordance with paragraph (c); (iii) advise the President that the recommendation of further candidates is not 50 warranted. r ·(g) The President shall thereafter make appointments from the candidates, or the candidates as supplemented in terms of paragraph (JJ(ii), as the case may be.· 55 18 No. 17581 GOVERNMENT GAZETTE. 15 NOVEMBER 1996 Act No. 103, 1996 TELECOMMUNICATIONS ACT, 1996 (3) The administrative work necessary for compliance with subsection (2) shall be performed by officers of the Department designated for that purpose by the Director-General. ( 4) Where a vacancy in the office of a councillor has arisen as contemplated in section 13(1), the procedure contemplated in subsection (2)(a), (b) and (c) shall apply. 5 Terms or office or councillors 10. (1) The chairperson shall hoid office for five years. (2) (a) Subject to paragraphs (c) and (d), the additional councillors referred to in . . . section 6(2)(b) shall hold office for four years. (b) One half or, if their number is not a multiple· of two, a number nearest to one half 10 of the total number of additional councillors shall vacate their offices every two years. (c) For the purposes of paragraph (b)- · · . · . · . (i) · half or a ·number nearest to half, as the case may be, of the additional councillors appointed to the first Council after the date of commencement of this Act, as determined by the Council by lot shall vacate office two years as 15 . from the date of their appointment; and · (ii) ·the councillors remaining at that stage shall vacate office on a date two years later. · (d) If the President at any time appOints further councillors except in order to fill a vacancy and the number of additional councillors is thereby increased, the provisions of 20 paragraphs (a) to (c) shall apply, with the necessary changes, to any councillor so appointed: Provided that any such councillor appointed more· than one year after the appointrrient of the incumbent colln.cillors shall vacate office at the same· time as the councillors referred to in paragraph (c)(ii): · · (3) A councillor may at any time, upon at least three months' written notice tendered 25 to the President, resign from office. · (4) Notwithstanding subsections (1) and (2)(a), the chairperson and additional councillors may remain in office after expiry of their term of office until the commencement of the term of office of their successors: Provided that such increased term of office shall not exceed 45 days. · · (5) A councillor shall upon the expiration of his or her term of office be eligible for 30 reappointment in terms of section 9. · · (6) Every councillor shall serve in a full-time capacity to the exclusion of any other remunerative employment, occupation or office. · · Remuneration and allowances of councillors 35

11. The chairperson and other councillors shall be paid such remuneration and allowances and be entitled to such benefits as the Minister may determine with the concurrence of the Minister of Finance. Removal from office 12~ Notwithstanding section 10, a councillor niay be removed from office by the 40 President on account of- .(a) misconduct; (b) inability to perform the duties of his or her office effectively; (c) absence from three consecutive meetings of the Council without the prior · permission of the chairPerson, except on good cause shown; 45 (d) his or her having performed other remunerative. work in contravention of section 10(6); or · (e) failure to disclose an interest in terms of section 15(2)(a) or attendance at or participation in proceedings of the Council while having an interest contemplated in section 15(1). 50 Vacancies in Council 13. (l) There shall be a vacancy in the Council if a councillor- ( a) becomes subject to a disqualification referred to in section 8; 20 No. 17581 Act No. 103, 1996 GOVERNMENT GAZETIE, 15 NOVEMBER 1996 TirrECO~CATIONSACT,l~6 tenders his or her resignation as contemplated in section 10(3) and such (b) · - · resignation takes effeet; (c) . (d) . dies or becomes incapacitated. is removed from office in terms of section 12; or , (2) A vacancy in the council shall be filled by the appointment of another councillor 5 by the President in terms of section 9 as soon as may be reasonably practicable after the occurrence of such vacancy, and any councillor so appointed shall hold office for the unexpired period of his or her predecessor's term of office. Meetings of Council . 14. (1) Meetings of the Council shall be held whenever necessary for the expeditious 10 conduct of its business, at such times and places as may be determined by the Council: Provided that the first meeting shall be held at such time and place as the chairperson may determine .. · (2) In the absence of the chairperson, the remaining councillors shall from their number elect an acting chairperson who, while he or she so acts, may perform all the 15 functions of the chairperson. · · (3) The chairperson may at any time convene a special meeting of the Council, which shall be held at such time and place as the chairperson may determine: Provided that the chairperson shall, upon being presented with a requisition for that purpo-se signed by at least two councillors, convene a special meeting, aild if the chairperson fails to convene 20 . a special ·meeting within seven·· days after ·such presentation, such councillors_ niay convene a special meeting. · ( 4) The quorum for any meeting of the Council shall be a majority of the councillors. (5) Subject to subsection (4), a decision of the Council shall be taken by resolution agreed to by the majority of councillors at" any meeting of the Council and, in the event 25 of an ·equality of votes regarding any matter, the chairperson shall have a casting vote in addition to his or her deliberative vote. · (6) The Council may allow members of the public to attend any of its meetings. (7) The seat of the Council shall be determined by the Minister. ·· · · Disclosure or conflicting interests 30 15. (1) A councillor shall not vote a~ attend or in any other nianner participate hi the proceedings at any meeting or hearing of the Council if- · ·· ·· (a) in relation to an application relating to a licence, he or she or his or her family member or partner is a director, member or business partner of or has an interest in the business of the applicant or of any person who made 35 . representations in relation to 'the· application; oi: · · ' ·. (b) ·in relation to any matter before the Council, he or she has any interest which may preclude him or her from performing his or her functions as a: councillor in a fair, unbiased and proper manner. . (2) If at any stage during the course of any proceedings before the Council there is 40 reason to believe that a councillor has any interest contemplated in subsection (1}- (a) that councillor shall forthwith and fully disclose the nature of his or her interest and leave the meeting or hearing in question so as to enable the remaining councillors to discuss the matter and determine whether that councillor is to be precluded from participating in such proceedings by reason 45 of a conflict of interests; and . (b) ·such disclosure and the decision taken by the remaining councillors regarding such determination, shall be recorded in the minutes of the proceedings in question. . Proceedings or Council not invalid in certain circumstances .· 50

16. A decision taken by the Council or an act performed under the authority of such a decision shall not be invalid merely by reason of- ( a) any irregularity in the appointment of a councillor; (b) a vacan-cy in the Council; 22 No. 17581 GOVERNMENTGAZE~15NOVEMBER1~6 Act No. 103, 1996 TELECOMMUNICATIONS ACf, 1~6 (c) (d) the fact that a councillor is guilty of an act or omission justifying his or her removal from office; or the fact that any person who is disqualified from being a councillor or who was removed from that office sat as such in the Council at the time when such decision was taken, · · - 5 if such decision was taken by a majority of the councillors lawfully entitled to vote and present at the time, and the said councillors at the time constituted a quorum. Staff of Authority 17. (1) The Council shall, in consultation with the Public Service Commission and subject to the approval of the Minister with regard to staff and resources, establish its 10 own administration to assist the Authority in the performance of its functions and to this end the Council shall appoint- ( a) a chief executive officer; and (b) such other staff as the Council may deem necessary. (2) The Authority shall, in the appointment of its staff- 15 (a) provide for the advancement of persons disadvantaged by past unfair discrimination, with the aim that its staff, when viewed collectively, shall represent a broad cross-section of the population of the Republic; (b) subject to paragraph (a), apply equal opportunity employment practices. (3) The Authority may pay to the persons in its employ such remuneration and 20 allowances and provide them with such pension ·and other benefits as the Authority may determine with the approval of the Minister with the concurrence of the Minister ·of Finance and after consultation with the Public Service Commission. Financing of Authority 18. (1) The operating and capital costs of the Authority shall be financed frommoney 25 appropriated by Parliament from time to time for that purpose. ·· (2) The Authority shall utilise any money contemplated in subsection (1) in accordance with the statement of estimated expenditure referred to in subsection (3). (3) The Authority- ( a) shall in each financial year, at a time determined by the Minister, submit a 30 statement of estimated income and expenditure for the following financial year to the Minister for his or her approval, granted in consultation with the Minister of Finance; and ' (b) may in any financial year submit adjusted statements of estimated income and expenditure to the Minister for his or her approval, granted in consultation 35 with the Minister of Finance. · Banking account

19. The Council shall, with the approval of the Director-General, open and maintain in the name of the Authority with a bank registered finally as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990), an account in which there shall be deposited the 40 money received by the Authority and from which payments to the Authority or on its behalf shall be made. Annual and other reports 20. (I) The Council shall furnish to the Minister such information and particulars as · he or she may from time to time in writing require in connection with the activities of the 45 Authority, and shall annually, as soon as may be reasonably practicable after the end of each financial year, furnish to the Minister a report in regard to the functions, affairs, activities and financial position of the Authority in respect of such financial year. (2) Without derogating from the generality of the provisions of subsection (1), the annual report referred to in that subsection· shall include- 50 (a) information regarding licences granted, renewed, amended, transferred, · suspended or revoked; 1 24 No. 17581 GOVERNMENT GAZETIE, 15 NOVEMBER 1996 Act No. 103, 1996 TELECOMMUNICATIONS ACf, 1996 (b) such other information as the Minister may ·determine. (3) The Minister shall table a copy of the annual report in Parliament within 30 days after it has been received by him or her if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 30 days after the commencement of its next ordinary session. · 5 CHAPTER Ill .· .. Committees, appointment of experts and enquiries . Establishment of committees of Council : t •· • '

21. Establishment of committees of Council

22. Composition of committees

23. Functions of committees

24. Meetings of conunittees

25. Remuneration and allowances of coinmittee members

26. Appointment of experts

27. Enquiries by Authority CHAPTER IV Radio frequency spectrum ·

28. Control of radio frequency spectrum

29. Frequency band plans

30. Frequency and station licences, certificates and authorities 31. · Control of possession of radio apparatus CHAPTERV Telecommunication services

32. Prohibition on provision of telecommunication service without licence

33. Kinds of licences

35. Decision on applications

36. Public switched telecommunication services

37. Mobile cellular telecominunication services

38. National long-distance telecommunication services

39. Local access telecommunication services and public pay-telephone services

40. Value-added network services

41. Private telecommunication networks

42. Existing licences and authorities

44. Making telecommunication facilities available ·

45. Fees and charges for telecommunication services

46. Accounts and records to be kept by licensees

47. Duration of telecommunication service licences

48. Amendment of telecommunication service licences

49. Renewal of telecommunication service licences

50. Transfer of telecommunication service licences

51. International telecommunication facilities

52. Limitations on control of telecommunication services

53. Uncompetitive actions CHAPTER VI . 5 10 15 20 25 30 35 40 45 Telecommunication eq~ipment, suppliers and technicians 50

54. Telecommunication equipment to be of approved type .

55. Technical standards for telecommunication facilities and equioment 6 No. 17581 GOVERNMENT GAZETIE, 15 NOVEMBER 1996 Act No. 103. 1996 · TELECOMMUNICATIONS ACf, 1996

56. Registration of suppliers of telecommunication apparatus and equipment

57. Certification of technicians CHAPTERVll - . Universal Service Agency

58. Establishment of Universal Service Agency

59. Functions of Agency

60. Head and staff of Agency

61. Financing of Agency

63. Annual and other reports

64. Lapsing of certain sections CHAPTERVlll Universal Service Fund ;

65. Establishment and control of Universal Service Fund

66. Application of money in Universal Service Fund ·

67. Contributions to Universal Service Fund

68. Accounts of Universal Service Fund .. ! CHAPTER IX Functions of fixed line operators in relation to telecommunication facilities and works .. . . ·-·

69. Operators to perform functions in prescribed manner

70. Entry upon and construction of lines across any land

71. Underground pipes for telecommunication services

72. Pipes under streets

73. Removal of pipes and facilities ·

75. Trees obstructing telecommunication facilities

76. Height or depth of cables and facilities·

77. Electrical works . ·. · CHAPTER X Human. resource development 78. · Establishment and· control of Human Resources Fund

79. Application of money in Human Resources Fund

80. Funding of human resource development

81. Training and retraining of unskilled and underskilled persons

82. Training of artisans and technicians

83. Undergraduate tertiary education ·

84. Postgraduate study and research

85. Support for science and technology at schools

86. Contributions to Human Resources Fund

87. Accounts of Human Resources Fund CHAPTER XI General provisions

88. Application fees and annual fees

90. Financial assistance to telecommunication forums

91. Delegation of functions.,

92. Register of licences and approvals

93. Confidentiality · 5 10 15 20 25 30 35 40 45 8 No. 17581 Ad No. 103, 1996 GOVERNMENT GAZETI'E, 15 NOVEMBER 1996 ~CO~CATIONSACT,l996

94. Financial year and auditing of accounts of Authority and Agency

95. Radio regulations

96. Regulations ' CHAPTER XII Enforcement

97. Production of licensees' books and records

98. Appointment of inspectors

99. Powers of inspectors

100. Offences by licensees

101. Offences by other persons

102. Penalties CHAPTER XIII Repeal and amendment of laws

103. Repeal of Radio Act, 1952

104. Repeal of section 42 of General Law Amendment Act, 1957 . lOS to 118. Amendment of Post Office Act, 1958

119. Repeal of Radio Amendment Acts of 1957, 1962, 1963, 1969 and 1974 .· 120 to 123. Amendment of Post Office Service Act, 1974

124. Repeal of certain sections of General Law Amendment Act, 1975

125. Amendment of Broadcasting Act, 1976 .

126. Amendment of Legal Succession to South African Transport Services Act, 1989 127 to 129. Amendment of Independent Broadcasting Authority Act, 1993 . .- . . ' . . CHAPTER XIV Approved U:ansactions and commencement of Aci''

130. Approved transactions

131. Short title and commencement CHAPTER I Introductory provisions Definitions 5 10 · 15 20 25

21. The Council may establish such standing or special committees for such purposes as it may deem necessary in order to assist in the effective performance of its functions 10 and may at any time extend, limit or dissolve any such committee. Composition of committees 22. (1) Each committee shall consist of- . · , · (a) one or more councillors designated by the Council; and . (b) such additional members as the Council niay determine from time to time. 15 (2) The additional members referred to in subsection (1)(b) shall be persons- . (a) who are not subject to any disqualification contemplated in section 8(1)(h), (i), . (b) who, on account of their expertise, qualifications and experience iri relation to (j) or (k); and . the mandate or terms of reference of the relevant committee, are suited to 20 serve thereon. · (3) The chairperson of a committee shall be 'one of the councillors concerned . . . . .. .· . . . · Functions of committees . J.

23. A committee shall, with dUe regard to the objects mentioned in section 2, perform such functions- · · · . · · 25 (a) in the case of the Huinan Resources Development Committee, as may be conferred or imposed upon that committee by or under this Act; and (b) in the case of any other committee, as may be delegated to the committee in question by the Council. · · · ' ; Meetings of committees ·: 24. (1) • The meetings of a committee (including any special meeting} shall be convened by the chairperson, who shall determine the procedure at any such meeting. (2) The provisions of section 14(2), (4) and (5) shall apply with the necessary changes as regards the meetings of any committee. · Remuneration and allowances of committee members · 30 35 25. (1) The members of any committee who are not councillors or members of the staff of the Authority shall be paid such remuneration and allowances as the Council may from time to time determine with the approval of the Minister with the concurrence of the Minister of Finance. · (2) For the purposes of subsection ( 1 ), the Council may differentiate betWeen different 40 committees and different members thereof. Appointment or experts ,, ' 26. (1} The Authority may appoint as many experts as may be necessary, including experts from other countries, with a view to assisting the Authority in the performance of its functions. '"· · ; · . · (2) The terms, conditions, remuneration and allowances applicable in respect of any expert by virtue of his or her appointment in terms of subsection (1 ), and the work to be performed or service to be rendered by virtue of such appointment, shall be detennined 45 ' - 26 No. 17581 Act No. 103, 1996 GOVERNMENT GAZETfE. 15 NOVEMBER 1996 TELECOMMUNICATIONS ACT, 1996 in a written agreement entered into for that purpose between the Authority and the expert concerned. ' :. :. " '- . ... .. . . . __ .i· Enquiries by Authority ? , · • ... 27. (1) The Authority may from time to time conduct an enquiry into any matter ' . . . ' relevant to- ..• ! ·· - . · 5 (a) the achievement of the objects mentioned in section 2; (b) the performance of its functions in terms of this Act,:;. . . . (2) The Authority shall make kilown its intention to conduct such an enquiry by the publication in the Gazette of a notiCe to that effect ·. ·. ; ~- ,, .. : ~-~ ~~- , · . -~-:.;. (3) The notice referred to in subsection (2) shall indicate the subject-matter of the 10 enquiry and invite interested ~rsoris, within_ the period specified in the notice- . : . (a) _to submit written representations; and · :·' (b), ·to indicate whether they require an opportunity t() make oral representations to . . · the Authority. · ( 4) Written representations made pursuant to a notice contemplated in subsection. (2) 15 · · shall, subject to subsection (7), be open to inspection by interested parties during the normal office hours of the Authority. . .. . . . . , . · (5) The Authority shall, at the request of any interested person and on payment of such fees as may be prescribed, furnish him or her with a certified copy of or extract from representations open to ,inspection as contemplated in subsection ( 4 ). . ' 20 (6} (a) The Authority shall advise persons referred to in subsection (3}(b) of the place where and time when oral representations may be made. · · · (b) Such oral representations shall, subject to subsection (7), be made in public. (7) The provisions of section 34( 4) and (5) shall apply, with the necessary changes, in relation to representations contemplated in subsections (4) and (6). (8) The Authority shall, after it has conducted an enquiry, by notice in the Gazette- ( a) make known its findings and any recommendations or conclusions pursuant to , · . (b) state that such findings and any such recommendations or conclusions are such enquiry; or · 25 ·open to inspection, and the provisions of subsections (4) and (5) shall apply, 30 with the necessary changes, in relation thereto. . .. . (9) The Authority shall, within two years after the commencement of this Act, conduct an enquiry in terms of this section into matters relating to mobile cellulartelecommu~ nication services referred to in section 37(2). ..; ' : . CHAPTER IV Radio frequency spectrum Control of radio frequency spectrum . , · · .... . : . . ~ . "~. -'· 35 28. (1) The Authority shall be vested with the control, planning, administration,' management and licensing of the radio frequency spectrum. (2) (a) In controlling, planning, administering, managing and licensing the use of the 40 radio frequency spectrum, the Authority shall comply with the applicable standards and requirements of the International Telecommunication Union and its Radio Regulations, as agreed to or adopted by the Republic. (b) The Authority shall honour present and futUre commitments of the Republic in terms of international agreements and standards in respect of radiocommunication and 45 telecommunication matters. · (3) (a) The Authority and the Independent Broadcasting Authority established by section 3 of the Independent Broadcasting Authority Act, 1993 (Act No. 153 of 1993), shall establish a Joint Liaison Committee consisting of an equal number, determined by the Minister after consultation with the two authorities, of members of the council of 50 each authority. ·(b) The Joint Liaison Committee shall- . ·.· .· : (i) co-ordinate the management of the radio frequency spectrum, including the , : · broadcasting services frequency bands; · ' 28 No. 17581 GOVERNMENTG~JSNOVEMBER1~6 Act No. 103, 1996 TELECOMMUNICATIONS ACf, 1996 . (ii) detennine which additional parts of the radio frequency spectrum shall form part of the broadcasting services frequency bands from time to time; (iii) with due regard to the requirements of the International Telecommunication Union and its Radio Regulations, determine any _dispute between-the two authorities, or decide whether a particular telecommunications matter pertains 5 ... · • ; •. c or does not pertain to broadcasting. . , . . . .·. • • · · · < (c) In the event of any failure by the members of the Committee to agre~ on any matter contemplated in paragraph (a) or (b), the issue shall be referred to the Minister for his or her decision. ..: '1· ·· ·~-·· # ~ - . .. . . ,. _ _._ ~:· . :. , . -. ~ ·- \ (d) Any decision by the Committee or the Minister in terms of paragraph (b) or (c), Hl respectively, may be made known by notice in the_ Gaz~tte. . ;.-· Frequency band plans · ... ! '· . •' . · • : . -- . -: ~- . . :. ' _.) .. : •. ·, 29. (1) The Auth~rity may fr~m time ~o tim~ pr~p~~ ~ fre<iue~~y·b~dpl~ in respect of any part of the r~dio frequency spectrum. . (2) A frequency band plan shall-:- · ' . ·, · ,,,: .. . :, . 1 . , . _ . . ,. - :: .•. .. 15 (a) define how the radio spectrum shall_be used;. , . . (b) aim at ensuring that the radio frequency spectrum.is utilised and managed in an orderly, efficientand effective manner;. , . " ·: . :: . .. . (c) aim at reducing congestion in. the use of frequencies and .at protecting .. frequency users from any interference_ or other inability to make use of the 2() frequencies assigned to them; . · . . . . . .. . . .. . (d) avoid obstacles to the introduction of new technologies and telecommunica~ tion services; · · (e) aim at providing opportunities for the introduction of the widest. range of . telecommunication services. and the maximum number of users thereof as is 25 . · ·practically feasible. . · · (3) In preparing a frequency band plan in terms of this section, the Authority.,- · . · (a) shall have due regard to the reports of experts in the field of spectrum or frequency band planning and· to internationally accepted methods for preparing such plans; · .. ·, -., .. . · 3C (b) shall take into account existing uses of the radio frequency spectrum and any frequency band plans in existence or in the course of preparation. ( 4) The Authority shall give notice in the Gazette of its intention to prepare a plan and • . in such notice invite interested parties to submit their written representations to the Authority within such period as may be specified iri such notice. ·. :' :; ... . : ' · 35 (5) The Authority shall, after the period referred to in subsection ( 4) has passed, hold a hearing in respect of the proposed plan. (6) After the hearing and after due consideration of any representations received pursuant to the notice mentioned in subsection (4) or tendered at the hearing, the Authority shall adopt the frequency band plan in question, with or without amendment, 4C and cause such plan to be published in the Gazette. · (7) (a) Any frequency band plan adopted in terms of this. section and all such comments, representations and other documents as have been received in response to the notice contemplated in subsection (4) or tendered at the hearing, shall be kept at the offices of the Authority and shall, subject to paragraph (b), be open to public inspection 45 by interested persons during the normal office hours of the Authority, and the Authority shall at the request of any person and on payment of such fee as may be prescribed, furnish him or her with a copy thereof. \ (b) The provisions of section 34( 4) and (5) shall apply, with the necessary changes, in relation to any comments or representations contemplated in paragraph (a). . (8) (a) The Authority may review a frequency band plan adopted in. terms of this . section. SC (b) The provisions of subsections (2) to (7) shall apply, with the necessary changes, in . ; · ·· relation to any amendment contemplated in paragraph (a); . . ,. . . ... Frequency and station licences, certificates and authorities. 55 ~ ; 30. (1) No pers~n-shall transmit any signal by radio or use radio apparatus to receive .· 90 No. 17581 Act No. 103, 1996 GOVERNMENT GAZETTE, IS NOVEMBER 1996 Ta£CO~CATIONSACT,l~6 to use, any television set for the reception of anything broadcast in a broadcasting service unless- (i) . he or she is in possession of a television licence issued in terms of section 17(2); and · . ·. (ii) such television set is used in accordance with such licence; and (iii) such person is able to produce such licence on demand. · · ·5 (c) Subject to the provisions of regulations made under section 23(1 )(d), no person shall use a television set for the reception of anything broadcast in a broadcasting service or pennit any other person so to use a television set, otherwise than in accordance with the provisions of a licence or the 1 0 conditions and requirements subject to which that teleVision set was hired out or made available to him as contemplated in paragraph (b). ·· (2) The provisions of subsection (1) shall not apply to a person: who · manufactures television sets as a business or who acts in the execution of his duties in the service of such a person, in so far as he uses ·any· television 15 set manufactured by him, in or on the premises _where it was manufactured or on any other premises approved by the Corporation, for the pirrposes· of testing such set, for the reception of anything broadcast in a broadcasting service.· (3) . The provisions of section 1(2) shall apply, with the necessary 20 ~ ~ . . I . changes, for the purposes of subsection (1) . . Possession of television set without Ucence or permit prohibited 21B. 1 No erson shall have in his ossession an television· set unless- (a) he has such television set in his possession at a place where and in 25 circumstances in which he, by virtue of any exemption in terms of . regulations made under section 23(l)(c), is entitled to use it for the reception of broadcasts in a broadcasting service;· or (b) he is a person to whom that television set is hired out 'or otherwise made available by a radio dealer under a television licence issued to 30 that radio dealer in termsof section 17(3)(b) or (c); (2) Any person, other than a radio dealer, who sells, gives or in any other manner supplies any teleVision set to' any person other than a radio dealer, shall within fourteen days after such television set has been delivered to such other person, notify the Corporation in writing of- (a) (b) (c) '. the number of the licence or permit under which such first-mentioned the name and address of such person; the date on which such television set was so delivered; and , 35 person was in possession of that television set. · (3) If an inspector is satisfied that any television set found in any person's 40 possession is 1n ·the possession of such per8on ·in contravention of the provisions of this Act, he or she may- ( a) seize . and :detain· such television set until possession thereof is . - authorized in terms of this Act; or (b)'-· seal sucli television set or any ·part thereof in order to prevent the use 45 . of that television set for the purpose of reception, and issue to such . person' a·perrilit for a limited or an indefinite period for the possession ·· of that television set on condition that it is not dUring such period used for the purpose of reception. (4) Ariy person who is aggrieved as a result of such seizure or sealing 50 shall, in addition to any other right, have the right to appeal to the Minister against such seizure or sealing, and the Minister may either confirm the seizure or sealing or~· · . (a) in the case of such seizure, order that the television set that has been seized, be returned to the person concerned; or . · (b) in the case of such sealing, order that the seal be broken and the permit in question be cancelled.". 55 92 No.I75Sl Act No. 103, 1996 GOVERNMENT GAZETIE, 15 NOVEMBER 1996 TELECOMMUNICATIONS ACf, 1996 Amendment of Schedule 1 to Act 9 of 1989, as amended by section 27 of Act 52 of 1991 and section 29 of Act 45 of 1992 126. (1) Schedule 1 to the Legal Succession to the South African Transport Services Act, 1989, is hereby amended by the substitution for paragraph (1) of item 9 of the following paragraph: 5 · "(1) Subject to the provisions of paragraph (2) and the Telecommu- nications Act, 1996, the Company shall be entitled, for the purpose of any activity in which it 'may legally engage, to construct . and maintain telecommunication and electricity supply networks on any premises or at any place that it occupies for the purpose of any such activity or between 10 such premises or place and any other premises or place that it likewise occupies.". · · Amendment of section 1 of Act 153 of 1993, as amended by section 1 of Act 36 of 1995

127. Section 1 of the Independent Broadcasting Authority Act. 1993, is hereby 15 amended by the substitution for the definition of "broadcasting services frequency bands" of the following definition: " 'broadcasting. services frequency bands' means that part of the electromagnetic radio frequency spectrum which is assigned for the use of broadcasting services by the International Telecommunications Union 20 (ITU), in so far as such assignment has been agreed to or adopted by the Republic, as well as any other additional part of the electromagnetic radio frequency spectrum determined [nationally] in tenns of section 29(3A) for the use of broadcasting services, but excluding any of the broadcasting services frequency bands which have been made available 25 for use by telecommunications users as contemplated in section 29(4);". Amendment of section 29 of Act 153 of 1993, as amended by section 5 of Act 36 of 1995 .

128. Section 29 of the Independent Broadcasting Authority Act, 1993, is hereby amended- 30 (a) by the substitution in subsection (1} for the expression "Postmaster-General" of the expression "Director-General: Communications"; (b) by the substitution for subsection ( 4) of the following subsection: "(4) (a) The Authority may, if requested thereto in writing by the [Postmaster General], South African Telecommunications Regulatory 35 Authority established by section 5 of the Telecommunications Act, 1996, make any of the broadcasting services frequency bands available to [the Postmaster General] that Authority for use by telecommunications users in terms of [the Radio Act, 1952,] that Act, which request shall not be unreasonably refused. · (b) Where, pursuant to any request contemplated in paragraph (a), the · Authority has made any broadcasting services frequency bands available for use by telecommunications users, the administration, management, planning and control over the use of those broadcasting services frequency bands shall cease to vest in the Authority. 45 40 (c) Frequencies within the broadcasting services frequency bands which, on 1 September 1993, are used by telecommunications users under valid licences issued for that purpose by the Postmaster General in tenns of any law, shall be deemed to have been made available [to the Postmaster General] in tenns of paragraph (b).". 50 Insertion of section 66A in Act 153 of 1993

129. The following section is hereby inserted in the Independent Broadcasting Authority Act. 1993, after section 66: "Powers of Authority in relation to broadcasting signal distribution apparatus and use of television sets for certain purposes 55 66A; (1) No person shall have in his or her possession any apparatus used or intended for use for the purpose of broadcasting signal distribution