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Law of Telecommunications

  • Law of Telecommunications

      • The law of telecommunications refers to the branch of law that regulates the art and science of electronic communication over a
        distance by television, cable, internet, phone and radio.

        In South Africa, telecommunications are primarily regulated by the Electronic Communications Act 36 of 2005 (ECA) as well as the
        Independent Communications Authority of South Africa (ICASA). These legislative authorities are tasked with giving effect to
        technical developments, making regulations, adjudicating disputes and complaints, managing the radio frequency spectrum and issuing licenses.

        The ECA is a convergence legislation which attempts to take into account the blurring between broadcasting and
        telecommunications, whereas ICASA acts as the regulatory watchdog in the telecommunications industry.

        In 2009, ICASA announced the completion of the conversion of all Telecommunications Act licenses into Electronic Communications
        Act licences. The effect of the conversion was that all Telecommunications Act licensees were issued with technology
        neutral licenses, which enabled the provision of electronic communication services (ECS) and electronic communications network services (ECNS).

        ECNS licenses provide for the right to construct, operate and maintain a network for the purposes of conveying electronic
        communications.

        The ECA and the relevant amendments have created a more effective licensing framework, allowing for a shorter turnaround
        time for the processing and registration of licenses.

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        Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law
        stems from a desire to improve upon the lives of the vulnerable who fall prey to a
        corrupt system.
        I studied at the University of Johannesburg where I obtained my Bachelor of Laws
        degree, the starting point to the long journey of becoming a legal practitioner.
        This profession has taught me to persevere through the complexities of the law and to
        continually develop my skills as a legal professional.