Telecommunications lawyers | South Africa

Telecommunications Law is an area of law that regulates the manner in which electronic communications, radio signals and electronic communication networks are operated by those licensed to provide telecommunications services.

This depends on the type of service to be provided, the geographical area of the proposed service and the manner in which the service is intended to be provided.

Generally speaking, technology services, content production services and OTT (Over the Top services i.e. television and film services provided over the internet) are not regulated and thus do not require a service license. A telecommunications and broadcasting service that falls within the definition of an electronic communications service or broadcasting service (as defined in the Electronic Communications Act) will, however (to the extent that it is not exempt from licensing), and will require either a class or individual license.

An operator may additionally require a radio spectrum frequency license and an electronic communications network service license. This would be required where a service provider operates an electronic communications network (whether by sale or lease) for its own use or another’s use, to provide an electronic communication service or broadcasting.

ICASA (The Independent Communications Authority of South Africa) is the primary regulatory body for telecommunication services providers and broadcasters

The Competition Commission (which has concurrent jurisdiction with ICASA on anti-competitive matters)

B-BBEE Commission  through the ICT Charter Articles

• Telecommunications Act
• Electronic Communications Act
• Electronic Communications and Transactions Act
• Independent Communications Authority of South AfricaElectronic Communications Act
• Promotion of Access to Information Act

Telecommunications law in South Africa is primarily governed by the Electronic Communications Act (ECA) and regulated by the Independent Communications Authority of South Africa (ICASA). It covers licensing of electronic communications networks and services, spectrum allocation, interconnection between operators, consumer protection in telecoms services, and competition issues specific to the sector.

Electronic communications service providers generally need an Individual Electronic Communications Service (I-ECS) licence, and network operators an Individual Electronic Communications Network Service (I-ECNS) licence, issued by ICASA, unless a class licence or exemption applies to the scale or nature of the service.

Licensees under the Electronic Communications Act carry ongoing obligations including compliance with licence conditions, reporting to ICASA, adherence to consumer protection and number portability requirements, and, where applicable, compliance with interconnection and facilities leasing obligations toward other operators.

Caveat Legal’s telecommunications lawyers advise on licensing, ICASA compliance, telecommunications, media and broadcasting regulation, commercial agreements, data protection and information security. Caveat gives clients direct access to experienced lawyers without the overhead of a traditional firm.