124 No. 28743 Act No. 36, 2005 No. and year of Act GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 Short Title Extent of repeal or amendment (i) a local access communication service, public pay-telephone service, value-added network service or private electronic communication network as defined in the Electronic Communications Act; or (ii) any other electronic communication service licensed or deemed to be licensed or exempted from being licensed as such in terms of the Electronic Communications Act; and (b) Internet service provider; (e) by the substitution for the definition of ‘‘telecommunications system’’ of the following definition: ‘‘electronic communication system’’ means any system or series of electronic communication facilities or radio, optical or other electromagnetic apparatus or any similar technical system used for the purpose of electronic communication, whether or not such electronic communication is subject to re-arrangement, composition or other processes by any means in the course of their transmission or emission or reception; (f) by the insertion of the following definition after the definition of ‘‘Directorate’’: ‘‘Electronic Communications Act’’ means the Electronic Communications Act, 2005. 2. Section 11 is amended by the substitution for that section of the following section: Monitoring of signal and radio frequency spectrum for purposes of managing radio frequency spectrum.—Any person appointed as an inspector in terms of section [98] 17F of the [Telecommunications] Independent Communications Authority of South Africa Act and who is lawfully engaged in performing the functions of the Authority relating to the management of the radio frequency spectrum, as contemplated in section [28(1)] 30(1) of the Electronic Communications Act [of that Act], may, in the ordinary course of the performance of those functions, monitor a signal or radio frequency spectrum relating to an indirect communication which is transmitted over radio, where it is reasonably necessary for that employee to monitor that signal or radio frequency spectrum for purposes of identifying, isolating or preventing an unauthorised or interfering use of such a signal or frequency or of a transmission. 5 10 15 20 25 30 35 40 45 50 55 60 65