It has come to the attention of the Independent Communications Authority of South Africa that there is a widespread practice amongst holders of Electronic Communications Services (ECS) and Electronic Communications Network Services (ECNS) licences, to lease or sub-lease certain licences, to third parties without prior written authority and consent of ICASA.
The Authority wishes therefore to give notice to all ECS and ECNS licensees who may be involved, to refrain with immediate effect from the practice because it is prohibited in terms of the law.
Further, the Authority considers the leasing or sub-leasing of licences or any other licences issued in terms of the Electronic Communications Act as a gross contravention and in particular, of section 5 (12). The Act states clearly that ‘a licence confers on the holder the privileges and subjects him or her to the obligations provided for in the Act and specified in the Act’.
The Authority therefore warns that should a licensee be found to be in contravention of the law, drastic steps will be taken against such licensee. Only ICASA has the power and the exclusive right to issue and grant as well as authorise the leasing and or sub leasing of any licence. No Licence Holder has the right and power or the authority to lease or sub-lease any ECS/ECNS licence.
All media enquiries should be directed to:
Paseka Maleka
Cell: 079 509 0702
Tel: 011 566 3455
Email: pmaleka@icasa.org.za
