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Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)

Notice in Terms of Section 31 of The Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act No. 70 of 2002): Mobile Cellular Operators

2. Forms of assistance and compensation

 

(1) A mobile cellular operator shall for the forms of assistance set out in Column 1 of the Tables be compensated in accordance with the tariffs mentioned in Column 2 of the Tables:

 

TABLE 1: ROUTING OF INDIRECT COMMUNICATIONS

 

Column1

Forms of assistance

Column 2

Tariffs of compensation
a) Identification of the interception target.
a) For the assistance prescribed in paragraphs (a), (b), (c), (d) and (e), an all inclusive tariff of R420,00 per interception target.
b) Obtaining proof of authority to receive and proof of authority to send from the interception centre.
b) If a direction for routing both indirect communications and real- time communication-related information, as intended in Table 2, is served on a mobile cellular operator in respect of the same interception target for the same period of time, the mobile cellular operator shall only be allowed the tariffs prescribed under paragraph (a) in respect of both directions.
c) The activation of software or a device on the electronic communication system of the mobile cellular operator by a designated person in order to route the indirect communications to the interception centre.

d) The maintenance of the interception measure for the period identified in the direction.

e) The de-activation of the software or device referred to in paragraph (c) on the expiry date of the direction.

 

TABLE 2: ROUTING OF REAL-TIME COMMUNICATION-RELATED INFORMATION DURING ANACTIVE INTERCEPT OR IN RESPECT OF A FUTURE PERIOD OF TIME

 

Column 1

Forms of assistance

Column 2

Tariffs of compensation
a) Identification of the interception target.

For the assistance prescribed in paragraphs (a), (b), (c), (d) and (e), an all inclusive tariff of R420,00 per interception target.
b) Obtaining proof of authority to receive and proof of authority to send from the interception centre.

c) The activation of software or a device by a designated person on the electronic communication system of the mobile cellular operator in order to route the real-time communication-related information to the interception centre.

d) The maintenance of the interception measure for the period identified in the direction.

e) The de-activation of the software or device referred to in paragraph (c) on the expiry date of the direction.

 

TABLE 3: ROUTING OF REAL-TIME COMMUNICATION-RELATED INFORMATION

 

Column 1

Forms of assistance

Column 2

Tariffs of compensation
a) Identification of the interception target.

For the assistance prescribed in paragraphs (a), (b), (c) and (d), an all inclusive tariff of R30,00 per interception target.
b) Retrieval of the required information specified in the direction from the storage facility of the mobile cellular operator.

c) Obtaining proof of authority to receive and proof of authority to send from the interception centre.

d) The activation of software or a device by a designated person on the electronic communication system of the mobile cellular operator in order to route the archived communication-related information to the interception centre.

 

TABLE 4: ROUTING OF ARCHIVED COMMUNICATION-RELATED INFORMATION

 

Column 1

Forms of assistance

Column 2

Tariffs of compensation
a) Identification of the interception target.

For the assistance prescribed in paragraph (a), (b), (c) and (d), an all inclusive tariff of R40,00 per interception target.
b) Retrieval of the required information specified in the direction from the storage facility of the mobile cellular operator.

c) Obtaining proof of authority to receive and proof of authority to send from the interception centre.

d) The activation of software or a device by a designated person on the electronic communication system of the mobile cellular operator in order to route the archived communication-related information to the interception centre.

 

TABLE 5: PROVISION OF REAL-TIME COMMUNICATION-RELATED INFORMATION

 

Column 1

Forms of assistance

Column 2

Tariffs of compensation
a) Identification of the interception target.

For the assistance prescribed in paragraphs (a), (b) and (c), an all inclusive tariff of R30,00 per interception target and an additional amount of-

a) R4,30 per page on which the information is printed; or
b) R12,00 if it is provided in electronic medium stored on a removable disk.
b) Retrieval of the required information specified in the direction from the storage facility of the mobile cellular operator.

c) The provision of the real-time communication-related information to the person who served the direction on the mobile cellular operator.

 

TABLE 6: PROVISION OF ARCHIVED COMMUNICATION-RELATED INFORMATION

 

Column 1

Forms of assistance

Column 2

Tariffs of compensation
a) Identification of the interception target.

For the assistance prescribed in paragraphs(a), (b) and (c), an all inclusive tariff of R40,00 per interception target and an additional amount of-

a) R4,30 per page on which the information is printed; or
b) R12,00 if it is provided in electronic medium stored on a removable disk.
b) Retrieval of the required information specified in the direction from the storage facility of the mobile cellular operator.

c) The provision of the archived communication-related information to the person who served the direction on the mobile cellular operator.

 

(2) When a mobile cellular operator has to execute a direction—
(a) after 16h00 during week days;
(b) after 13h30 on Saturdays;
(c) on a Sunday; or
(d) on a public holiday,

a mobile cellular operator is entitled to be compensated at a tariff of R350,00 per interception target identified in the direction in addition to any other tariff provided for in Column 2 of the Tables: Provided that if a direction for routing both indirect communications and real-time communication-related information during an active intercept or in respect of a future period of time is served on a mobile cellular operator in respect of the same interception target for the same period of time, the mobile cellular operator is only entitled to a tariff of R350,00 for the execution of both directions.

 

(3) The tariffs in paragraph 2(1) and (2) exclude Value Added Tax.