Guide to the Electronic Communications Act (2006)

The Electronic Communications Act, Act 36 of 2005 (the “ECA”) came into force on 19 July 2006.

The effect of the ECA is that the 1996 Telecommunications Act and the majority of the 1999 Broadcasting Act are repealed, new licence categories are introduced for both broadcasting and electronic communications to facilitate the growing convergence both within and between these sectors. Transitional measures are put in place for the conversion of existing licences and processes introduced for the grant of new licences. Increased powers are granted to the sector regulator (ICASA) with regard anti-competitive practices, interconnection and facilities leasing, particularly with the recognition of the concept of operators having “significant market power”. Powers of the regulator regarding both consumer and competitor complaints are increased.

The ECA provides for significant stability during the transition period, with any licence issued prior to the commencement of the ECA remaining valid and anyone lawfully entitled to provide a service without a licence prior to the commencement of the ECA remaining so entitled.