16 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 has received or is to receive, directly or indirectly, any money or other consideration; ‘‘prescribed’’ means prescribed by regulation made by the Authority in terms of this Act or the related legislation; ‘‘private electronic communications network’’ means an electronic communications network used primarily for providing electronic communications for the owner’s own use; ‘‘public broadcasting service’’ means any broadcasting service provided by the South African Broadcasting Corporation or other public state-owned enterprise; ‘‘radio’’ means an electromagnetic wave which is propagated in space without artificial guide and having a frequency below 3000 GHz; ‘‘radio apparatus’’ means an electronic communications facility which is capable of transmitting or receiving any signal by radio, excluding subscriber equipment, if such subscriber equipment is used solely for that purpose; ‘‘radio frequency band’’ means a specified range of frequencies for use by one or more persons authorised to use the band; ‘‘radio frequency band for security services’’ means one or more specified range of frequencies for use by one or more agencies classified as a security service; ‘‘radio frequency plan’’ means a national plan that includes, but is not limited to— (a) a table of frequency allocations for all bands below 3000 GHz taking into account the ITU table of allotments, in so far as such allotments have been adopted and agreed upon by the Republic, which may include designations of certain utilisations; and (b) a plan, as applicable, for the migration of systems and equipment of existing users within specific radio frequency bands, including radio frequency bands for security services, to different frequency bands; ‘‘radio frequency spectrum’’ means the portion of the electromagnetic spectrum used as a transmission medium for electronic communications; ‘‘radio frequency spectrum licence’’ means a licence authorising the holder to use the radio frequency spectrum; ‘‘radio station’’ means one or more transmitters or receivers or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying an electronic communications service or any electronic communications authorised by the authority; ‘‘registered political party’’, for the purposes of Chapter 9, means— (a) any registered party defined in section 1 of the Electoral Act, 1998; or (b) any alliance of such registered parties, as the case may be, which, for the purpose of any particular election, has, before the commencement of the relevant election period, submitted its list of candidates for the National Assembly or any other legislature contemplated in the Constitution; ‘‘related legislation’’ means the Broadcasting Act and the Independent Communications Authority of South Africa Act and any regulations, determinations and guidelines made in terms of such legislation and not specifically repealed by this Act; ‘‘Republic’’ means the Republic of South Africa, its possessions, air space and territorial waters; ‘‘reseller’’ means a person who— (a) acquires, through lease or other commercial arrangement, by any electronic communications network service or electronic communications service; and (b) makes such electronic communications network service or electronic communications service available to subscribers for a fee, whether or not such electronic communications network services or electronic communications services made available by the reseller— (i) are identical to the electronic communications network service or electronic communications service acquired; (ii) are packaged, bundled or otherwise re-grouped to form new or varied service offerings; (iii) are combined, linked or used in connection with electronic communications networks or electronic communications facilities owned by the reseller; or (iv) add value to such electronic communications network services or electronic communications services, and ‘‘resale’’ is construed accordingly; 5 10 15 20 25 30 35 40 45 50 55 60