10 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (a) a service which provides no more than data or text, whether with or without associated still images; (b) a service in which the provision of audio-visual material or audio material is incidental to the provision of that service, or (c) a service or a class of service, which the Authority may prescribe as not falling within this definition; ‘‘broadcasting service licensee’’ means a person to whom a broadcasting service licence has been granted in terms of this Act; ‘‘broadcasting service radio frequency bands’’ means that part of the electromagnetic radio frequency spectrum which is allocated for the use of broadcasting services by the Authority, taking into account the ITU table of allotment, in so far as such allocation has been agreed to or approved by the Republic; ‘‘broadcasting service licence’’ means a licence granted by the Authority to a person in terms of section 5(2)(b) or section 5(4)(b); ‘‘broadcasting signal distribution’’ means the process whereby the output signal of a broadcasting service is taken from the point of origin, being the point where such signal is made available in its final content format, from where it is conveyed, to any broadcast target area, by means of electronic communications and includes multi-channel distribution; ‘‘carrier pre-selection’’ means the ability of a subscriber of an electronic communications service to access and use the electronic communications services of another electronic communications service licensee or person exempted as provided for in section 6; ‘‘channel’’ means a single defined programming service of a broadcasting services licensee; ‘‘class licence’’ means a licence granted by the Authority to a person in terms of section 5(4); ‘‘class licensee’’ means a person to whom a class licence has been granted in terms of this Act; ‘‘commercial broadcasting’’ means a broadcasting service operating for profit or as part of a profit entity but excludes any public broadcasting service; ‘‘common carrier’’ means a person licensed to provide an electronic communications network service who is obliged to provide signal distribution for broadcasting services on a non-discriminatory and non-exclusive basis; ‘‘community’’ includes a geographically founded community or any group of persons or sector of the public having a specific, ascertainable common interest; ‘‘community broadcasting service’’ means a broadcasting service which— (a) is fully controlled by a non-profit entity and carried on for non-profit purposes; (b) serves a particular community; (c) encourages members of the community served by it or persons associated with or promoting the interests of such community, to participate in the selection and provision of programmes to be broadcast in the course of such broadcasting service; and (d) may be funded by donations, grants, sponsorships or advertising or membership fees, or by any combination of the aforementioned; ‘‘Competition Act’’ means the Competition Act, 1998 (Act No. 89 of 1998); ‘‘Complaints and Compliance Committee’’ means the committee established by the Authority in terms of section 17A of the ICASA Act; ‘‘days’’ means working days unless otherwise specified; ‘‘Director-General’’ means the Director-General of the Department of Communications; ‘‘dominant’’ has the same meaning given to that term in section 7 of the Competition Act; ‘‘election’’ means an election as defined in section 1 of the Electoral Act, 1998 (Act No. 73 of 1998); ‘‘election period’’ means the period commencing with the date on which the election day is proclaimed and ending on the day immediately following upon the day on which candidates of any of the political parties are declared elected; ‘‘electronic communications’’ means the emission, transmission or reception of information, including without limitation, voice, sound, data, text, video, animation, visual images, moving images and pictures, signals or a combination thereof by means of magnetism, radio or other electromagnetic waves, optical, electro- 5 10 15 20 25 30 35 40 45 50 55 60