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Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

Amendment Regulations in respect of the Limitations of Control and Equity Ownership by Historically Disadvantaged Groups (HDGs) and the application of the ICT Sector Code, 2021

7. Transitional Periods

 

(1) All applications received prior to the promulgation of these Regulations will be assessed in terms of the prior regulatory framework and will be required to comply with these Regulations within the transitional period set out in regulation 7(3).

[Regulation 7(1) substituted by section 7 of Notice No. 983, GG46245, dated 14 April 2022]

 

(2) Subject to regulation 7(5), all applications received during the transitional period will be assessed in terms of these Regulations.

 

(3) Subject to regulation 7(5), compliance by existing Licensees with these Regulations is required as follows:
(a) for Class Licensees and SMMEs, 48 months of the promulgation of these Regulations; and
(b) for Large Individual Licensees, 36 months of the promulgation of these Regulations.

 

(4) During the transitional periods, Licensees must achieve and comply with the set B-BBEE targets as set out in Appendix 2 and submit to the Authority annual progress reports indicating compliance with the set targets together with the annual reporting in terms of the Compliance Procedure Manual Regulations.

 

(5) The operation of regulations 4(1), 4(2) and 4(3) is suspended until a future commencement date to be published by the Authority.