Telecommunications is such an intricate subject that it may as well be a field of legal practice in its own right. In South Africa, the law around telecommunications is a highly regulated system that comprises a myriad of legislation, as well as a regulator to enforce these laws - the Independent Communications Authority of South Africa, known to many simply as ICASA, established under the Telecommunications Act, 103 of 1996.
So, why is something as straightforward as telecommunications so intensely regulated? Because it is a borderless technology, meaning it should comply with both international and national regulation – a hefty task when not all countries on the same legal page.
Regulation of the law and matters related to telecommunications in South Africa comprises the following:
- The constitution
- National policy
- International policy
- National legislation
In terms of legislation, there are numerous acts that relate to telecommunications including the Competition Act, 89 of 1998, the Electronic Communications Act 36 of 2005, which not only regulated how to set up telecommunications but how to deal with the pricing and function thereof.
All telecommunications companies in South Africa must be in line with the regulations set out, and this includes licencing and compliance with competition laws. If you are in need of advice regarding the law related to telecommunications, do not hesitate to contact us and we will put you in touch with a legal professional who specialises in this field.
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