22 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (x) provide access to broadcasting signal distribution for broadcasting and encourage the development of multi-channel distribution systems in the broadcasting framework; (y) refrain from undue interference in the commercial activities of licencees while taking into account the electronic communication needs of the public; (z) promote stability in the ICT sector. 5 CHAPTER 2 POLICY AND REGULATIONS Ministerial Policies and Policy directions 3. (1) The Minister may make policies on matters of national policy applicable to the ICT sector, consistent with the objects of this Act and of the related legislation in relation to— (a) the radio frequency spectrum; (b) universal service and access policy; (c) the Republic’s obligations and undertakings under bilateral, multilateral or international treaties and conventions, including technical standards and frequency matters; (d) the application of new technologies pertaining to electronic communications services, broadcasting services and electronic communications network services; (e) guidelines for the determination by the Authority of licence fees associated with the award of the licences contemplated in Chapter 3, including incentives that may apply to individual licences where the applicant makes binding commitments to construct electronic communications networks and provide electronic communications services in rural and under-serviced areas of the Republic; (f) the promotion of universal service and electronic communications services in under-serviced areas; (g) mechanisms to promote the participation of SMME’s in the ICT sector; (h) the control, direction and role of state-owned enterprises subject to the Broadcasting Act and the Companies Act, 1973 (Act No. 61 of 1973); and (i) any other policy which may be necessary for the application of this Act or the related legislation. (2) The Minister may, subject to subsections (3) and (5), issue to the Authority policy directions consistent with the objects of this Act and of the related legislation in relation to— (a) the undertaking of an inquiry in terms of section 4B of the ICASA Act on any matter within the Authority’s jurisdiction and the submission of reports to the Minister in respect of such matter; (b) the determination of priorities for the development of electronic communications networks and electronic communications services or any other service contemplated in Chapter 3; (c) the consideration of any matter within the Authority’s jurisdiction reasonably placed before it by the Minister for urgent consideration. (3) No policy made by the Minister in terms of subsection (1) or policy direction issued by the Minister in terms of subsection (2) may be made or issued regarding the granting, amendment, transfer, renewal, suspension or revocation of a licence, except as permitted in terms of this Act. (4) The Authority, in exercising its powers and performing its duties in terms of this Act and the related legislation must consider policies made by the Minister in terms of subsection (1) and policy directions issued by the Minister in terms of subsection (2). (5) When issuing a policy direction under subsection (2) the Minister— (a) must consult the Authority; and (b) must, in order to obtain the views of interested persons, publish the text of such policy direction by notice in the Gazette— (i) declaring his or her intention to issue the policy direction; 10 15 20 25 30 35 40 45 50 55