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Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Electronic Communications, Postal and Broadcasting Directions

6. Availability of Communications and Digital Services

 

6.1 All service providers of electronic communications networks and services (telecommunications infrastructure and services) must ensure continued service provision.

 

6.2 A service provider of electronic communications networks or services must, when requested to do so, rapidly deploy temporary electronic communications networks and services in areas identified after consulting with the relevant Ministers.

 

6.3 For the purposes of easing network upgrades related to the COVID-19 disaster, a licensed entity may seek approval to deploy infrastructure without delay, in which case the Minister will engage with the affected Ministers to secure concurrence to allow industry to deploy without delay.

 

6.4 Ministerial interventions in this regard may include temporary deferment of wayleaves and the payment of fees following agreement between relevant parties.

 

6.5 No access fee may be charged by property owners to electronic communications network service licensees for deploying electronic communications networks or facilities in cases where the electronic communications networks or facilities are not intrusive, such as buried or overhead cabling, that does not constitute a cost to the property owner, or deprive the property owner of its own use of the land.

 

6.6 Reasonable access fees may be charged in cases where more intrusive electronic communications networks or facilities, such as masts, are erected on property. In such cases any access fee must be reasonable in proportion to the disadvantage suffered and must not enrich the property owner or exploit the electronic communications network service licensee.

 

6.7 All licensees will be required to submit reports during the period of the disaster of new infrastructure and network facilities to be installed in response to the COVID-19 disaster to the Authority.

 

6.8 The Authority must keep a register of all infrastructure and network facilities contemplated in paragraph 6.7 above.

 

6.9 For the duration of the COVID-19 national disaster, the Authority must prioritise the regulatory framework applicable to the management and licensing of radio frequency spectrum that would enable implementation of this direction on an urgent basis.

 

6.10 To the extent possible, the Authority must relax spectrum regulations to enable the temporary licensing of all available spectrum bands including the unassigned high demand spectrum for duration of the COVID-19 national disaster.

 

6.11 The temporary assignment of the unassigned high demand frequency spectrum must be focused on those licensees that would be able to implement and use assigned frequency spectrum for duration of the COVID-19 national disaster on an expeditious basis. Frequency coordination and planning will be necessary to effect this assignment.