The Independent Communications Authority of South Africa (ICASA) has issued the
following statement regarding what it terms “the widespread practice’ among
Electronic
Communications Services (ECS) and Electronic Communications Network Services
(ECNS)
licencees to lease or sub-lease certain licences to third parties without ICASA’s prior
written authority and consent.
The statement reads: ICASA wishes to give notice to all ECS and ECNS licensees who
may be involved in such a practice to refrain with immediate effect 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.
