We assist businesses with navigating telecommunications law
The telecommunications sector is highly regulated, given that it seeks to maintain a balance between safeguarding the interests of consumers by ensuring the availability of affordable services whilst allowing telecommunication service providers opportunities to operate within arenas such as broadcasting services, broadcasting signal distribution; and frequency bands.
Legal Advice for Telecommunications Law
Our telecommunications specialists assist clients with:
- The interpretation and application of relevant legislation, regulations and industry codes of conduct, including the Electronic Communications Act, 2005, the Electronic Communications and Transactions Act, 2002, the Cybercrimes Act, 2020, and the Protection of Personal Information Act, 2013 (POPIA);
- Advice on telecommunications, media and broadcasting regulatory compliance, information security governance and risk management (in particular, information security, data protection and privacy policies); and
- Drafting, reviewing and negotiating commercial agreements, including content development agreements, reseller agreements, network access services agreements, ICT outsourcing agreements, consulting and professional services agreements.
With an ever-evolving and highly competitive communications landscape where innovation meets the need for community and connection; partnering with legal advisors who are dynamic enablers and problem solvers is essential to your business.
- Ayanda Mubima, Panel Expert
Frequently asked questions on Telecommunications law
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
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