South Africa
Answer ... The types of services contemplated in the Electronic Communications Act (ECA) are:
- electronic communications network services (ECNS);
- electronic communications services (ECS); and
- broadcasting services (BS).
Telecommunications and internet service providers generally have both ECNS and ECS licences. Television and radio providers have BS licences and some have ECNS licences as well. There are no licensing requirements for social media providers or providers of media over the Internet.
An ‘electronic communication network service’ is “a service whereby a person makes available an electronic communications network” to itself or others or both.
An ‘electronic communications service’ is a “service … which consists wholly or mainly of the conveyance by any means of electronic communications over an electronic communications network, but excludes broadcasting services”.
A ‘broadcasting service’ is a “service which consists of broadcasting and which service is conveyed by means of an electronic communications network”.
In terms of the ECA, service providers must either:
- obtain an individual licence or class licence; or
- be exempt from licensing.
The legislation sets out examples of the types of services that will fall under each of the licence categories.
Generally, individual licences are national or provincial; whereas class licences are of municipal scope.
The ECA provides that the Independent Communications Authority of South Africa (ICASA) may prescribe:
- the types of ECNS or ECS that may be provided without a licence; and
- the types of radio frequency spectrum that may be used without a licence.
ICASA has prescribed that certain services are exempt from licensing – for example:
- non-profit ECS;
- resale ECS; and
- private ECNS.
The following table illustrates the types of licences and exemptions available in terms of the ECA.
|
ECNS |
ECS |
Broadcasting services |
Individual |
Network services (for-profit national and provincial) |
Communications services (voice telephony using numbers from ICASA) |
Broadcasting services l (commercial and public; national and provincial) |
Class |
Network services (for-profit municipal) |
Communications services (voice telephony not using numbers from ICASA; for-profit municipal) |
Broadcasting services (community and low power) |
Exempt |
Small networks; private networks |
Non-profit; resale |
|
South Africa
Answer ... Under the ECA, ICASA has issued standard terms and conditions for both individual and class licences, which cover matters such as:
- licence area;
- duration;
- requirements to commence service; and
- services to be provided.
South Africa
Answer ... Class licences can be applied for using the application form provided by ICASA, which requires:
- company details (including documentation); and
- a description of the nature of the services to be provided.
For historical reasons, it is not currently possible to apply to ICASA for individual licences. These licences are only available in response to an invitation to apply issued by ICASA, which can only be issued after a policy direction has been issued to ICASA by the minister of communications and digital technologies.
It is possible to find an individual licensee that is willing to sell its licence(s). In such event, the process is to apply to ICASA for a transfer of the licence(s) using the required form. The form requires:
- company details and documentation;
- details of the services to be provided, including a business plan; and
- independent reports about competition and consumer protection.
South Africa
Answer ... The processing for class licences is not complicated. Once the required form has been submitted to ICASA along with the required documentation and the application fee (up to ZAR 15,000, depending on the nature of services), the process takes about three to six months to be processed at ICASA.
South Africa
Answer ... All licensees, both individual and class, are subject to ongoing regulatory compliance obligations, including:
- annual licence fees; and
- contributions to the Universal Service and Access Fund.
Other reporting requirements include reports on matters such as:
- sectoral planning;
- code of conduct and complaints;
- number audit data; and
- tariffs.
There are penalties for failure to comply with ICASA’s regulations, which vary depending on the regulation. Failure to pay annual licence fees and contributions to the Universal Service and Access Fund attracts both interest and penalties.
South Africa
Answer ... The duration of class ECNS and ECS licences is 10 years. The duration of individual ECNS and ECS licences is 20 years. Individual BS licence terms are 15 years. Class community BS licences are valid for seven years. The duration of class low-power licences varies.
South Africa
Answer ... Licences may be transferred with the approval of ICASA. The process involves:
- submission of the application form and accompanying documents; and
- payment of an application fee.
The form requires:
- company details and documentation;
- details of the services to be provided, including a business plan; and
- independent reports about competition and consumer protection.
The processing of transfers of licences by ICASA can take up to a year. The application fee for the transfer of individual licences is about ZAR 75,000 for each licence.