No. 10177 Regulation Gazette Regulasiekoerant
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Staatskoerant
REPUBLIC OF SOUTH AFRICA
REPUBLIEK VAN SUID AFRIKAVol. 669 31March 
MaartNo. 44371 2021
9771682 58400344371ISSN 1682-5845This gazette is also available free online at www.gpwonline.co.za2  No. 44371 GOVERNMENT GAZETTE, 31 MARch 2021
General  notices  • alGemene  KennisGewinGs
Independent Communications Authority of South Africa / Onafhanklike Kommunikasie-owerheid van Suid-Afrika
162 Electronic c ommunications Act (36/2005) (“Ec A ”): Draft Equipment Authorisation Regulations .............................  44371 3Page
No.Gazette
No. No.ContentsIMPORTANT NOTICE:
The GovernmenT  PrinTinG  Works Will noT be held resPonsible  for any errors  
ThaT miGhT  occur  due To The submission  of incomPleTe  / incorrecT  / ille Gible  coP y.
no fuTure  queries  Will be handled  in connecTion  WiTh The above .r 
THE 
INDEPENDENT 
COMMUNICATIONS 
AUTHORITY 
OF 
SOUTH 
AFRICA 
DRAFT 
EQUIPMENT 
AUTHORISATION 
REGULATIONS 
The 
Independent 
Communications 
Authority 
of 
South 
Africa 
( 
"the 
Authority 
"), 
in 
terms 
of 
section 
4(1) 
and 
section 
35 
of 
the 
Electronic 
Communications 
Act, 
2005 
(Act 
No 
36 
of 
2005) 
( 
"ECA 
"), 
read 
with 
section 
4(3)(j) 
of 
the 
Independent 
Communications 
Authority 
of 
South 
Africa 
Act, 
2000 
(Act 
No 
13 
of 
2000) 
( 
"ICASA 
Act 
"), 
hereby 
declares 
its 
intention 
to 
make 
regulations 
for 
the 
approval 
of 
type. 
A 
copy 
of 
the 
Draft 
Regulations 
will 
be 
made 
available 
on 
the 
Authority's 
website 
at 
and 
in 
the 
Authority's 
Library 
at 
Eco 
Point 
Office 
Park, 
350 
Wiitch 
-Hazel 
Avenue, 
Centurion, 
between 
09h00 
and 
16h00, 
Monday 
to 
Friday. 
Interested 
persons 
are 
hereby 
invited 
to 
submit 
written 
representations 
regarding 
the 
proposed 
Regulations 
to 
the 
Authority 
within 
thirty 
(30) 
working 
days 
from 
the 
date 
of 
the 
publication 
of 
this 
notice. 
Written 
submissions 
can 
be 
submitted 
electronically 
(in 
Microsoft 
Word 
or 
PDF), 
by 
post 
or 
hand 
delivery 
and 
marked 
specifically 
for 
the 
attention 
of: 
Mr 
Lumkile 
Qabaka 
Project 
Leader 
350 
Witch 
-Hazel 
Avenue 
Eco 
Point 
Office 
Park 
Eco 
Park, 
CENTURION 
Gauteng 
E 
-mail: 
Tel: 
012 
568 
4106 
Page 
i 
of 
20 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2021 No. 44371  3
INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA
NOTICE  162 OF 2021General  notices  • alGemene  KennisGewinGs
Any 
person 
making 
submissions 
to 
the 
Authority, 
may 
request 
that 
specific 
information 
be 
treated 
as 
confidential 
information 
in 
terms 
of 
section 
4D 
of 
the 
Independent 
Communications 
Authority 
of 
South 
Africa 
Act, 
2000 
(Act 
No 
13 
of 
2000) 
the 
ICASA 
Act. 
Any 
such 
request 
for 
confidentiality 
must 
be 
accompanied 
by 
a 
written 
statement 
explaining 
why 
the 
specific 
information 
should 
be 
treated 
as 
confidential 
in 
terms 
of 
section 
4D(4)(a) 
to 
(e) 
of 
the 
ICASA 
Act. 
The 
Authority 
may 
then 
determine 
that 
such 
representations, 
or 
any 
portion(s) 
thereof, 
are 
to 
be 
treated 
as 
confidential. 
Where 
the 
request 
for 
confidentiality 
is 
refused, 
the 
person 
who 
made 
the 
request 
will 
be 
granted 
an 
opportunity 
to 
withdraw 
such 
representations 
or 
portion(s) 
thereof. 
Persons 
requesting 
confidentiality 
are 
thus 
urged 
to 
acquaint 
themselves 
with 
the 
ICASA 
Guidelines 
for 
Confidentiality 
Request1. 
Persons 
submitting 
written 
representations 
are 
further 
invited 
to 
indicate, 
as 
part 
of 
their 
submissions, 
whether 
they 
require 
an 
opportunity 
to 
make 
oral 
presentations 
to 
the 
Authority. 
Written 
representation(s) 
received 
by 
the 
Authority 
pursuant 
to 
this 
notice, 
will 
be 
made 
available 
for 
inspection 
by 
interested 
persons 
at 
the 
Authority's 
library. 
e- 
This gazette is also available free online at www.gpwonline.co.za4  No. 44371 GOVERNMENT GAZETTE, 31 MARch 2021
1. 
Definitions 
5 
2. 
Purpose 
7 
3. 
Equipment 
Requiring 
Authorisation 
8 
4. 
Essential 
Requirements 
8 
5. 
Equipment 
Exclusion 
8 
6. 
Authorised 
Suppliers 
10 
7. 
Conformity 
Assessment 
Approaches 
10 
8. 
Certification 
Application 
Process 
11 
9. 
Equipment 
Authorisation 
Process 
11 
10. 
Equipment 
Authorisation 
Exemptions 
12 
11. 
Provisional 
Authorisation 
13 
12. 
Technical 
Documentation 
14 
13. 
Retention 
of 
Technical 
Documentation 
15 
14. 
Applicable 
Standards 
15 
15. 
Test 
Reports 
15 
16. 
Equipment 
Authorisation 
Fees 
16 
17. 
Validity 
of 
the 
Homologation 
Certificate 
16 
18. 
Change 
of 
Information 
16 
19. 
Mark 
of 
Compliance 
Requirements 
16 
20. 
Mark 
of 
Compliance 
Design 
17 
21. 
Acquiring 
Marks 
of 
Compliance 
18 
22. 
Market 
Surveillance 
18 
Page 
iii 
of 
20 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2021 No. 44371  5
23. 
Revocation 
of 
the 
Homologation 
Certificate 
19 
24. 
Offences 
19 
25. 
Penalties 
20 
26. 
Transitional 
Provisions 
20 
27. 
Repealed 
Regulations 
20 
28. 
Short 
Title 
and 
Commencement 
20 
This gazette is also available free online at www.gpwonline.co.za6  No. 44371 GOVERNMENT GAZETTE, 31 MARch 2021
These 
Regulations 
are 
for 
the 
Equipment 
Authorisation 
of 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
and 
subscriber 
equipment. 
1. 
Definitions 
In 
these 
Regulations, 
unless 
the 
context 
indicates 
otherwise, 
a 
word 
or 
expression 
to 
which 
a 
meaning 
has 
been 
assigned 
in 
the 
ECA 
or 
the 
ICASA 
Act 
has 
the 
meaning 
so 
assigned; 
"Accredited 
Test 
Laboratory" 
or 
"ATL" 
means 
any 
laboratory 
accredited 
by 
its 
own 
national 
Accreditation 
Body 
and 
/or 
other 
recognised 
accreditation 
body 
in 
terms 
of 
ISO 
/IEC 
17025; 
"Authority" 
or 
"ICASA" 
means 
the 
Independent 
Communications 
Authority 
of 
South 
Africa 
established 
by 
section 
3 
of 
the 
Independent 
Communications 
Authority 
of 
South 
Africa 
Act, 
2000 
(Act 
No 
13 
of 
2000); 
"Certificate 
of 
Conformity" 
or 
"CoC" 
means 
a 
Certificate 
issued 
by 
the 
designated 
Certification 
Body 
confirming 
conformance 
of 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
or 
subscriber 
equipment 
with 
the 
prescribed 
standards 
determined 
by 
the 
Authority; 
"Certification 
Body" 
or 
"CB" 
means 
an 
organisation 
accredited 
by 
a 
recognised 
Accreditation 
Body 
for 
its 
competence 
to 
audit 
and 
issue 
certification 
confirming 
that 
an 
organisation 
meets 
the 
requirements 
of 
ISO 
/IEC 
17065; 
"Conformity 
Assessment" 
means 
a 
process 
that 
is 
used 
to 
verify 
that 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
and 
subscriber 
equipment 
meets 
specified 
requirements 
in 
relation 
to 
Equipment 
Authorisation; 
"ECA" 
means 
the 
Electronic 
Communications 
Act, 
2005 
(No 
36 
of 
2005), 
as 
amended; 
"Electronic 
Communications 
Equipment" 
means 
Radio 
Equipment, 
Telecommunications 
Line 
Terminal 
Equipment 
(TLTE) 
or 
a 
combination 
thereof; 
"Equipment 
Authorisation" 
means 
a 
process 
by 
which 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
is 
approved, 
by 
its 
type, 
by 
the 
Authority, 
to 
be 
used, 
supplied, 
sold, 
offered 
for 
sale 
or 
lease 
or 
hire 
in 
the 
South 
African 
marketplace; 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2021 No. 44371  7
"Equipment 
Authorisation 
Fees" 
means 
fees 
relating 
to 
Equipment 
Authorisation 
as 
set 
out 
in 
Schedule 
1 
of 
these 
Regulations; 
"Equipment 
Exclusion" 
means 
electronic 
communications 
equipment 
or 
electronic 
communications 
facilities 
that 
are 
not 
covered 
by 
these 
regulations; 
"Homologation" 
means 
a 
process 
by 
which 
electronic 
communications 
equipment, 
electronic 
communications 
facility, 
or 
subscriber 
equipment, 
or 
a 
device 
or 
system, 
is 
authorised 
by 
the 
Authority 
to 
be 
used, 
supplied, 
sold, 
offered 
for 
sale 
or 
lease 
or 
hire 
in 
South. 
Africa, 
or 
imported 
into 
the 
South 
African 
marketplace, 
and 
involves 
verification 
of 
the 
compliance 
of 
the 
said 
electronic 
communications 
equipment, 
electronic 
communications 
facilities, 
or 
subscriber 
equipment, 
or 
devices, 
or 
systems, 
with 
the 
applicable 
regulatory 
requirements; 
"Homologation 
Certificate" 
means 
a 
Certificate 
issued 
by 
the 
Authority 
confirming 
compliance 
of 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
with 
the 
essential 
requirements 
of 
these 
regulations; 
"Homologation 
Register" 
means 
a 
register 
that 
contains 
the 
trademark 
/brand, 
name, 
model 
and 
type 
of 
all 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment, 
authorised, 
revoked 
or 
suspended 
by 
the 
Authority 
for 
use, 
import 
and 
supply 
in 
South 
Africa; 
"ICASA 
Act" 
means 
the 
Independent 
Communications 
Authority 
of 
South 
Africa 
Act, 
2000 
(No 
13 
of 
2000), 
as 
amended; 
"ICASA 
Logo" 
means 
the 
logo 
of 
the 
Independent 
Communications 
Authority 
of 
South 
Africa 
registered 
in 
terms 
of 
the 
patent 
laws 
of 
the 
Republic; 
"Local 
Supplier" 
means 
a 
Supplier 
that 
is 
registered 
with 
the 
Companies 
and 
Intellectual 
Property 
Commission 
(CIPC); 
"Mark 
of 
Compliance" 
means 
a 
fixed 
identifier 
bearing 
the 
ICASA 
Logo 
and 
the 
ICASA- 
issued 
certificate 
number, 
to 
mark 
that 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
has 
been 
authorised; 
"Market 
Surveillance" 
means 
activities 
carried 
out 
and 
measures 
taken 
by 
the 
Authority 
to 
ensure 
that 
the 
authorised 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
and 
subscriber 
equipment 
already 
in 
the 
market 
continues 
to 
conform 
with 
the 
minimum 
technical 
requirements 
of 
the 
prescribed 
standards 
in 
the 
published 
Official 
List 
of 
Regulated 
Standards 
for 
Technical 
Equipment 
and 
Electronic 
Communications 
Facilities; 
This gazette is also available free online at www.gpwonline.co.za8  No. 44371 GOVERNMENT GAZETTE, 31 MARch 2021
"Official 
List" 
means 
the 
regulations 
regarding 
the 
Official 
List 
of 
Regulated 
Standards 
for 
Technical 
Equipment 
and 
Electronic 
Communications 
Facilities 
as 
published 
in 
Notice 
896 
under 
Government 
Gazette 
No 
39182 
of 
2015, 
as 
amended 
by 
the 
Authority 
from 
time 
to 
time; 
"Provisional 
Certificate" 
means 
a 
temporary 
Certificate 
issued 
by 
the 
Authority 
in 
terms 
of 
regulation 
11 
of 
these 
regulations; 
"Radio" 
means 
electromagnetic 
waves 
of 
frequencies 
from 
8.3 
kHz 
to 
3,000 
GHz, 
propagated 
in 
space 
without 
an 
artificial 
guide; 
"Radio 
Equipment" 
means 
a 
product 
or 
relevant 
component 
thereof, 
capable 
of 
communication 
by 
means 
of 
the 
emission 
and 
/or 
reception 
of 
radio, 
utilising 
spectrum 
allocated 
to 
terrestrial 
/space 
radio 
communication; 
"Supplier" 
means 
a 
manufacturer, 
importer, 
distributor, 
retailer 
or 
local 
representative 
of 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment, 
authorised 
by 
the 
Authority 
for 
the 
purposes 
of 
(Equipment 
Authorisation; 
"Telecommunications 
Line 
Terminal 
Equipment" 
(also 
referred 
to 
as 
Customer 
Premises 
Equipment) 
means 
equipment 
installed 
on 
a 
subscriber's 
premises, 
and 
that 
interfaces 
to 
the 
telecommunication 
network. 
Such 
equipment 
includes, 
but 
is 
not 
necessarily 
limited 
to: 
data- 
and 
text 
-processing 
equipment; 
data 
preparation 
equipment; 
data 
terminal 
equipment; 
data 
circuit 
terminating 
equipment 
(e.g. 
modems); 
automatic 
telephone 
answering 
machines; 
facsimile 
transceivers; 
call 
restriction 
devices; 
cordless 
telephones; 
digital 
and 
analogue 
feature 
telephones; 
lightning 
protection 
devices; 
line 
monitoring 
equipment; 
speech 
recorders; 
etc.; 
"Test 
Report" 
means 
the 
full 
report 
confirming 
conformance 
with 
the 
relevant 
standards, 
issued 
by 
an 
ATL; 
2. 
Purpose 
The 
purpose 
of 
these 
Regulations 
is 
to: 
(1) 
Streamline 
the 
Equipment 
Authorisation 
process 
in 
accordance 
with 
the 
ECA; 
(2) 
Protect 
the 
integrity 
of 
the 
electronic 
communications 
networks; 
(3) 
Ensure 
proper 
functioning 
of 
connected 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
and 
subscriber 
equipment; 
(4) 
Ensure 
interoperability, 
interconnectability 
and 
harmonisation; 
and 
Page 
7 
of 
20 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2021 No. 44371  9
(5) 
Avoid 
harmful 
interference 
with 
the 
electronic 
communications 
network 
by 
prescribing 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
and 
subscriber 
equipment 
conformance 
requirements. 
3. 
Equipment 
Requiring 
Authorisation 
Any 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
used 
or 
to 
be 
used 
in 
connection 
with 
the 
provision 
of 
electronic 
communications, 
unless 
explicitly 
exempted 
by 
the 
Authority, 
is 
subject 
to 
Equipment 
Authorisation 
by 
the 
Authority; 
4. 
Essential 
Requirements 
Electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
shall 
be 
constructed 
in 
such 
a 
manner 
so 
as 
to 
ensure 
that 
it: 
(1) 
uses 
the 
radio 
frequency 
in 
a 
manner 
that 
avoids 
causing 
harmful 
interference 
to 
other 
spectrum 
applications 
/services 
by 
complying 
with 
the 
standards 
as 
contained 
in 
the 
Official 
List; 
(2) 
maintains 
adequate 
levels 
of 
electromagnetic 
emissions 
and 
immunity 
as 
set 
out 
in 
the 
electromagnetic 
compatibility 
standards 
/specifications 
as 
contained 
in 
the 
Official 
List; 
and 
(3) 
ensures 
the 
protection 
of 
the 
health 
and 
safety 
of 
persons 
and 
of 
domestic 
animals, 
and 
the 
protection 
of 
property, 
including 
the 
requirements 
of 
applicable 
standards 
/specification 
as 
contained 
in 
the 
Official 
List. 
5. 
Equipment 
Exclusion 
The 
electronic 
communications 
equipment 
or 
electronic 
communications 
facilities 
in 
Table 
1 
are 
excluded 
from 
the 
application 
of 
these 
regulations 
and 
are 
not 
required 
to 
be 
registered 
with 
the 
Authority. 
m 
_O 
C 
rt 
-6. 
3 
D 
m 
a 
3 
m 
C 
m 
3 
m 
rt 
This gazette is also available free online at www.gpwonline.co.za10  No. 44371 GOVERNMENT GAZETTE, 31 MARch 2021
Equipment 
Category 
Description 
Amateur 
radios 
Radiocommunication 
services 
for 
the 
purpose 
of 
self- 
training, 
intercommunication 
and 
technical 
investigations 
carried 
out 
by 
amateurs 
on 
a 
non- 
commercial 
basis 
Equipment 
used 
by 
Government 
Services 
Equipment 
used 
for 
the 
purposes 
of 
public 
safety, 
security 
of 
Government 
facilities, 
physical 
security 
surveillance 
of 
critical 
infrastructure, 
and 
other 
national 
security 
purposes, 
including 
video 
surveillance 
Equipment 
produced 
or 
imported 
for 
the 
purposes 
of 
exporting 
Not 
for 
use, 
supply, 
sale, 
offer 
for 
sale 
or 
lease 
or 
hire 
in 
South 
Africa 
Spare 
parts, 
components 
to 
be 
used 
for 
repairs 
An 
interchangeable 
part 
that 
is 
kept 
in 
an 
inventory 
and 
used 
for 
the 
repairs 
or 
replacement 
of 
failed 
units 
in 
authorised 
equipment 
Wire 
As 
used 
in 
an 
electrical 
system, 
device, 
or 
circuit 
Cable 
(including 
undersea 
and 
land- 
based 
fibre 
optic 
cables) 
Used 
to 
carry 
telephone 
traffic, 
data 
communications 
traffic 
Antenna 
Passive 
antennas 
used 
with 
a 
transmitter 
or 
receiver 
as 
the 
interface 
between 
radio 
waves 
propagating 
through 
space 
and 
electric 
currents 
moving 
in 
metal 
conductors, 
used 
with 
a 
transmitter 
or 
receiver 
Mast 
Used 
to 
support 
antennas 
at 
a 
height 
for 
the 
purposes 
of 
establishing 
electronic 
communications 
Circuit 
Composed 
of 
individual 
electronic 
components, 
such 
as 
resistors, 
transistors, 
capacitors, 
inductors 
and 
diodes, 
etc., 
connected 
by 
conductive 
wires 
or 
traces 
through 
which 
electric 
current 
can 
flow 
Cable 
landing 
station 
Facility 
that 
terminates 
an 
international 
cable 
or 
spur 
off 
an 
international 
cable 
International 
gateway 
Facility 
that 
provides 
an 
interface 
to 
send 
and 
receive 
electronic 
communications 
(i.e. 
voice, 
data 
and 
multimedia 
images 
/video) 
traffic 
between 
one 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2021 No. 44371  11
Equipment 
Category 
Description 
country's 
domestic 
network 
facilities 
and 
those 
in 
another 
country 
Space 
on 
or 
within 
poles, 
ducts, 
cable 
trays, 
manholes, 
handholds 
and 
conduits 
Used 
to 
protect 
and 
route 
electrical 
wiring 
in 
a 
building 
or 
structure 
6. 
Authorised 
Suppliers 
(1) 
A 
Local 
Supplier 
who 
is 
granted 
Equipment 
Authorisation 
shall 
assume 
responsibilities 
associated 
with 
the 
compliance 
of 
the 
authorised 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
or 
subscriber 
equipment. 
(2) 
In 
a 
case 
where 
a 
Local 
Supplier 
opts 
to 
appoint 
a 
local 
legal 
representative 
for 
purposes 
of 
Equipment 
Authorisation, 
the 
Local 
Supplier 
which 
is 
granted 
such 
Equipment 
Authorisation 
will 
assume 
all 
responsibilities 
associated 
with 
the 
compliance 
of 
the 
authorised 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
and 
subscriber 
equipment. 
(3) 
A 
Supplier, 
whether 
foreign 
or 
local, 
interested 
in 
Equipment 
Authorisation 
may 
opt, 
by 
written 
mandate, 
to 
appoint 
a 
local 
legal 
representative 
who 
is 
granted 
such 
Equipment 
Authorisation 
and 
who 
will 
assume 
all 
responsibilities 
associated 
with 
the 
compliance 
of 
the 
authorised 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
and 
subscriber 
equipment. 
7. 
Conformity 
Assessment 
Approaches 
(1) 
The 
following 
classification 
categories 
are 
applicable 
for 
purposes 
of 
Conformity 
Assessment: 
(i) 
Classification 
1 
- 
Low 
Risk 
Equipment; 
(ii) 
Classification 
2 
- 
Medium 
Risk 
Equipment; 
and 
(iii) 
Classification 
3 
- 
High 
Risk 
Equipment. 
(2) 
Classification 
1 
equipment 
is 
exempted 
from 
Equipment 
Authorisation. 
However, 
such 
equipment 
must 
conform 
with 
the 
mandatory 
technical 
standards 
in 
the 
Official 
List 
and 
must 
be 
registered 
with 
the 
Authority. 
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(3) 
Classification 
2 
and 
3 
equipment 
shall 
be 
subjected 
to 
the 
applicable 
conformity 
assessment 
approach 
that 
involves 
the 
Certification 
and 
the 
Equipment 
Authorisation 
processes. 
8. 
Certification 
Application 
Process 
(1) 
The 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
and 
subscriber 
equipment 
shall 
be 
subject 
to 
the 
following 
certification 
process 
prior 
to 
Equipment 
Authorisation: 
(a) 
submission 
of 
Technical 
Documentation, 
in 
accordance 
with 
regulation 
12; 
and 
(b) 
submission 
of 
a 
representative 
sample 
or 
additional 
supporting 
documents 
where 
required 
by 
the 
Authority. 
(2) 
A 
successful 
certification 
process 
in 
terms 
of 
sub 
-regulation 
(1) 
will 
result 
in 
the 
issuance 
of 
a 
CoC. 
However, 
if 
conformity 
has 
not 
been 
demonstrated, 
a 
recommendation 
note 
may 
be 
issued 
by 
the 
Authority, 
listing 
the 
nonconformities 
identified 
during 
the 
conformity 
assessment 
process 
and 
which 
must 
be 
corrected 
to 
fulfil 
conformance. 
(3) 
A 
CoC 
is 
valid 
for 
three 
(3) 
years 
for 
Equipment 
Classification 
3 
and 
five 
(5) 
years 
for 
Equipment 
Classification 
2. 
(4) 
The 
provisions 
of 
sub 
-regulation 
(1) 
will 
apply 
with 
respect 
to 
renewal 
of 
a 
CoC. 
9. 
Equipment 
Authorisation 
Process 
(1) 
An 
application 
for 
equipment 
authorisation 
must 
be 
submitted 
using 
the 
Authority's 
online 
system2. 
(2) 
An 
Equipment 
Authorisation 
application 
must 
be 
accompanied 
by 
the 
following 
documentation: 
(i) 
Classification 
2 
Equipment 
-a 
Certification 
of 
Conformity; 
(ii) 
Classification 
3 
Equipment 
-a 
Certification 
of 
Conformity 
with 
the 
accompanying 
Technical 
Documentation. 
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(3) 
The 
Authority 
may, 
where 
it 
deems 
necessary, 
request 
a 
representative 
sample 
and 
/or 
additional 
supporting 
documents. 
(4) 
A 
successful 
authorisation 
process 
will 
result 
in 
the 
Authority 
issuing 
a 
Homologation 
Certificate, 
and 
registering 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
or 
subscriber 
equipment 
on 
the 
Homologation 
Registry. 
(5) 
An 
unsuccessful 
outcome 
will 
result 
in 
the 
Authority 
issuing 
a 
rejection 
letter, 
stating 
the 
reasons 
for 
rejection. 
(6) 
Rejected 
applications 
may 
be 
resubmitted, 
following 
the 
undertaking 
of 
corrections 
as 
stipulated 
in 
the 
rejection 
letter. 
(7) 
Electronic 
communications 
equipment, 
electronic 
communications 
facility 
and 
subscriber 
equipment 
issued 
with 
a 
Homologation 
Certificate 
must 
comply 
with 
regulation 
19 
before 
being 
made 
available 
on 
the 
market. 
10. 
Equipment 
Authorisation 
Exemptions 
(1) 
Classification 
1 
equipment 
in 
Table 
2 
below 
is 
exempted 
from 
Equipment 
Authorisation. 
(2) 
Classification 
1 
equipment 
is 
still 
required 
to 
conform 
to 
the 
mandatory 
technical 
standards 
as 
contained 
in 
the 
Official 
List 
and 
to 
be 
registered 
with 
the 
Authority. 
This gazette is also available free online at www.gpwonline.co.za14  No. 44371 GOVERNMENT GAZETTE, 31 MARch 2021
Equipment 
Category 
Conditions 
Systems 
and 
equipment 
used 
for 
the 
production 
and 
distribution 
of 
broadcast 
and 
content 
services 
Approved 
for 
use 
by 
the 
European 
Telecommunications 
Standards 
Associations 
or 
other 
competent 
regulatory 
body, 
where 
the 
equipment 
conforms 
to 
mandatory 
technical 
standards 
prescribed 
by 
the 
Authority 
Satellite 
communications 
equipment, 
including 
satellite 
transponders, 
ground 
stations, 
earth 
stations, 
or 
earth 
terminals 
Radio 
telescope 
receivers 
and 
calibration 
equipment 
Radio 
telescope 
array 
and 
radio 
astronomy 
facilities 
Earth 
Station 
Equipment 
for 
Maritime 
or 
Aeronautical 
operations 
with 
the 
exception 
of 
the 
drones 
/RPAS 
(Unmanned 
Aircraft) 
For 
use 
only 
in 
a 
controlled 
environment, 
and 
if 
such 
equipment 
is 
used 
solely 
for 
the 
purpose 
specified 
herein, 
including 
uses 
for 
research 
and 
development, 
demonstrations 
of 
prototypes 
and 
testing 
11. 
Provisional 
Authorisation 
(1) 
The 
Authority 
may 
award 
a 
Provisional 
Authorisation 
permit 
for 
a 
period 
of 
up 
to 
eight 
(8) 
months 
for 
the 
following 
purposes: 
(a) 
Use 
of 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
for 
trial, 
demonstration 
or 
research 
purposes 
on 
a 
non 
-commercial 
basis; 
or 
(b) 
Testing 
of 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
in 
an 
ATL 
in 
South 
Africa. 
(2) 
Applications 
for 
Provisional 
Authorisation 
must 
be 
accompanied 
by 
the 
following: 
Page 
13 
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20 
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(a) 
Purpose 
of 
the 
test, 
trial, 
research 
or 
demonstration; 
(b) 
Details 
of 
the 
units 
to 
be 
used 
or 
tested, 
including 
the 
quantity; 
(c) 
Duration 
of 
the 
test, 
trial, 
research 
or 
demonstration; 
and 
(d) 
The 
Global 
Positioning 
System 
coordinates 
of 
the 
location 
where 
the 
tests, 
trial, 
research 
or 
demonstration 
are 
to 
be 
performed. 
(3) 
The 
term 
of 
the 
Provisional 
Authorisation 
permit 
may 
be 
extended, 
for 
good 
reasons 
given, 
for 
a 
period 
which 
does 
not 
exceed 
four 
(4) 
months. 
(4) 
All 
research 
and 
development, 
demonstrations 
of 
prototypes, 
exhibitions 
and 
trials 
will 
allow 
for 
the 
participation 
of 
the 
Authority's 
personnel 
according 
to 
mutually 
agreed 
upon 
principles. 
(5) 
The 
holder 
of 
a 
Provisional 
Authorisation 
permit 
must 
furnish 
the 
Authority 
with 
a 
report 
of 
thé 
test, 
trial, 
research 
or 
demonstration, 
within 
thirty 
(30) 
days 
after 
the 
lapse 
of 
the 
test, 
trial, 
research 
or 
demonstration 
period. 
(6) 
In 
the 
event 
that 
the 
Provisional 
Authorisation 
permit 
holder 
does 
not 
wish 
to 
apply 
for 
Equipment 
Authorisation 
within 
or 
after 
the 
period 
of 
test, 
trial, 
research 
or 
demonstration, 
the 
holder 
of 
the 
Provisional 
Authorisation 
permit 
is 
obliged 
to 
ensure 
that 
all 
the 
units 
that 
were 
deployed 
or 
used 
are 
withdrawn 
at 
the 
Provisional 
Authorisation 
permit 
holder's 
own 
cost, 
within 
thirty 
(30) 
days 
after 
the 
lapse 
of 
the 
test, 
trial, 
research 
or 
demonstration 
period. 
12. 
Technical 
Documentation 
The 
Technical 
Documentation, 
required 
in 
terms 
of 
regulation 
8, 
must 
contain 
at 
least 
the 
following 
elements: 
(1) 
a 
general 
description 
of 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
including: 
(a) 
photographs 
or 
illustrations 
showing 
external 
features, 
marking 
and 
internal 
layout; 
(b) 
versions 
of 
software 
or 
firmware 
affecting 
conformity 
with 
the 
essential 
requirements; 
(c) 
user 
information 
and 
installation 
instructions; 
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(2) 
conceptual 
design 
and 
manufacturing 
drawings 
and 
schematics 
of 
components, 
subassemblies, 
PCB 
and 
other 
relevant 
similar 
elements; 
(3) 
functional 
descriptions 
and 
explanations 
necessary 
for 
the 
understanding 
of 
those 
drawings 
and 
schematics 
and 
the 
operation 
of 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
or 
a 
device 
or 
system; 
(4) 
test 
reports 
which 
confirm 
conformance 
with 
the 
applicable 
standards 
prescribed 
in 
the 
Official 
List; 
and 
(5) 
a 
Test 
Plan 
detailing 
the 
requirements 
that 
must 
be 
assessed. 
13. 
Retention 
of 
Technical 
Documentation 
Technical 
Documents 
must 
be 
kept 
for 
five 
(5) 
years 
from 
the 
day 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
was 
authorised, 
and 
must 
be 
made 
available 
to 
the 
Authority 
on 
request. 
14. 
Applicable 
Standards 
(1) 
The 
applicable 
technical 
standards 
for 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
are 
found 
in 
the 
Official 
List 
published 
by 
the 
Authority. 
(2) 
In 
the 
event 
where 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
requiring 
Equipment 
Authorisation 
was 
tested 
to 
a 
standard 
which 
is 
not 
in 
the 
Official 
List, 
such 
a 
standard 
must 
be 
technically 
identical 
to 
that 
determined 
by 
the 
Authority 
for 
such 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment. 
(3) 
In 
a 
case 
where 
a 
standard 
does 
not 
exist 
for 
a 
specific 
application, 
the 
Authority 
shall 
advise 
of 
an 
alternative 
conformity 
assessment 
approach. 
15. 
Test 
Reports 
(1) 
The 
test 
reports 
must 
be 
issued 
by 
an 
ATL. 
(2) 
A 
test 
report 
must 
be 
in 
full, 
and 
issued 
without 
any 
modification 
of 
any 
portion 
of 
the 
test 
report. 
(3) 
A 
test 
report 
is 
only 
valid 
if 
it 
was 
prepared 
for 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
for 
which 
Equipment 
Authorisation 
is 
sought, 
and 
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20 
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provided 
no 
modifications 
have 
been 
made 
to 
the 
equipment 
following 
the 
completion 
of 
the 
test 
report. 
(4) 
The 
test 
report 
must 
not 
be 
older 
than 
3 
years 
for 
equipment 
classification 
3, 
or 
5 
years 
for 
equipment 
classification 
2. 
16. 
Equipment 
Authorisation 
Fees 
(1) 
The 
Authority 
will 
charge 
Equipment 
Authorisation 
Fees, 
as 
published 
in 
the 
Notice 
of 
ICASA 
Administrative 
Fees. 
(2) 
Equipment 
Authorisation 
Fees 
are 
payable 
in 
advance 
and 
are 
non- 
refundable. 
17. 
Validity 
of 
the 
Homologation 
Certificate 
For 
equipment 
classification 
2 
and 
3, 
a 
Homologation 
Certificate 
is 
valid 
indefinitely 
provided 
that: 
(1) 
No 
modifications 
may 
be 
made 
with 
respect 
to 
the 
brand 
/trademark, 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
name 
or 
model 
recorded 
on 
the 
Homologation 
Certificate; 
(2) 
There 
are 
no 
changes 
to 
the 
technical 
specifications 
of 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment; 
(3) 
The 
standard 
under 
which 
Equipment 
Authorisation 
was 
obtained 
does 
not 
change 
so 
as 
to 
render 
the 
Homologation 
Certificate 
invalid; 
(4) 
The 
renewal 
of 
a 
CoC 
is 
performed 
prior 
to 
the 
expiry 
of 
such 
CoC. 
18. 
Change 
of 
Information 
A 
written 
request 
can 
be 
made 
to 
the 
Authority 
to 
have 
the 
issued 
certificate 
transferred 
and 
/or 
the 
details 
thereof 
updated 
within 
fourteen 
(14) 
days 
of 
the 
change 
of 
details 
or 
transfer. 
19. 
Mark 
of 
Compliance 
Requirements 
(1) 
All 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
and 
subscriber 
equipment 
that 
has 
been 
authorised 
and 
received 
a 
homologation 
certificate 
must 
have 
a 
legible 
Mark 
of 
Compliance 
permanently 
affixed 
to 
such 
equipment 
/facility. 
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(2) 
The 
packaging 
and 
/or 
container 
of 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
referred 
to 
in 
sub 
-regulation 
(1) 
must 
bear 
a 
Mark 
of 
Compliance 
as 
described 
in 
terms 
of 
regulation 
20; 
(3) 
The 
Mark 
of 
Compliance 
must 
be 
affixed 
to 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
before 
such 
equipment 
/facility 
is 
made 
available 
for 
use, 
supply, 
sale, 
offer 
for 
sale 
or 
lease 
or 
hire 
in 
any 
other 
manner. 
(4) 
In 
an 
instance 
where 
a 
Supplier 
is 
of 
the 
view 
that 
a 
permanently 
affixed 
Mark 
of 
Compliance 
is 
not 
feasible, 
a 
written 
request 
for 
an 
alternative 
method 
of 
displaying 
the 
mark 
must 
be 
made 
to 
the 
Authority 
prior 
to 
the 
supply 
or 
use 
of 
such 
equipment 
/facility. 
(5) 
Where 
an 
alternative 
marking 
method 
is 
used, 
the 
documentation 
accompanying 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
must 
clearly 
explain 
how 
the 
user 
can 
access 
the 
Mark 
of 
Compliance; 
(6) 
The 
Mark 
of 
Compliance 
must 
be 
indelible 
against 
damage, 
such 
as 
scratching 
or 
ultraviolet 
(UV) 
exposure 
that 
may 
lead 
to 
the 
information 
on 
the 
marking 
becoming 
illegible. 
20. 
Mark 
of 
Compliance 
Design 
(1) 
No 
Supplier 
shall 
use, 
supply, 
sell, 
offer 
for 
sale 
or 
lease 
or 
hire 
any 
authorised 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
without 
displaying 
and 
/or 
affixing 
a 
Mark 
of 
Compliance 
in 
terms 
of 
regulation 
19. 
(2) 
The 
Mark 
of 
Compliance 
shall 
bear 
the 
following 
information: 
(a) 
The 
ICASA 
logo; 
(b) 
The 
ICASA- 
issued 
certificate 
number; 
and 
(c) 
The 
equipment 
class. 
(3) 
The 
minimum 
size 
of 
the 
ICASA 
logo 
shall 
be 
3 
mm 
high 
and 
3 
mm 
wide 
and 
the 
issued 
certificate 
number 
shall 
be 
1 
mm 
high. 
(4) 
The 
ICASA 
issued 
certificate 
number 
referred 
to 
in 
sub 
-regulation 
22(2)(b) 
shall 
comply 
with 
the 
following 
format: 
EA- 
XXXX 
/YYYY 
where: 
(a) 
EA 
stands 
for 
Equipment 
Authorisation; 
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17 
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20 
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(5) 
(b) 
XXXX 
is 
the 
year 
in 
which 
the 
homologation 
certificate 
was 
issued 
(e.g. 
2021); 
(c) 
YYYY 
is 
a 
sequential 
number 
issued 
by 
the 
Authority. 
The 
height 
to 
width 
ratio 
of 
the 
overall 
ICASA 
Mark 
must 
be 
1:2, 
e.g. 
10 
x 
20 
mm. 
Sample 
logo: 
IC 
A 
SA 
EA-XXXX/YYYY 
CLASS 
2 
21. 
Acquiring 
Marks 
of 
Compliance 
(1) 
Printed 
Marks 
of 
Compliance 
may 
be 
obtained 
from 
ICASA 
after 
payment 
of 
the 
prescribed 
fee 
as 
stipulated 
in 
the 
Notice 
of 
ICASA 
Administrative 
Fees. 
(2) 
In 
the 
event 
that 
a 
Certificate 
holder 
prefers 
not 
to 
obtain 
printed 
Marks 
as 
outlined 
in 
sub 
-regulation 
(1), 
the 
Certificate 
holder 
must 
self 
-print 
the 
ICASA 
Mark 
of 
Compliance 
in 
terms 
of 
the 
specifications 
outlined 
in 
regulation 
19. 
22. 
Market 
Surveillance 
(1) 
The 
Authority 
may 
conduct 
Market 
Surveillance 
on 
all 
electronic 
communications 
equipment, 
electronic 
communications 
facilities 
and 
subscriber 
equipment 
that 
are 
authorised 
under 
the 
following 
conditions: 
(a) 
In 
the 
event 
that 
a 
complaint 
is 
made 
by 
an 
affected 
party, 
whether 
indirectly 
or 
directly; 
and 
/or 
(b) 
As 
a 
part 
of 
a 
random 
audit 
conducted 
by 
the 
Authority 
to 
ensure 
compliance 
with 
the 
ECA 
and 
the 
Regulations. 
(2) 
In 
carrying 
out 
such 
Market 
Surveillance, 
the 
Supplier 
must 
provide 
the 
Authority 
with 
a 
representative 
sample 
for 
the 
purposes 
of 
conformity 
assessment; 
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(3) 
Where 
the 
outcome 
of 
the 
market 
surveillance 
demonstrates 
that 
the 
authorised 
equipment 
fails 
the 
conformity 
assessment 
or 
essential 
requirements, 
the 
Authority 
may 
request 
the 
Supplier 
to 
verify 
compliance 
with 
essential 
requirements 
at 
the 
expense 
of 
the 
Supplier. 
23. 
Revocation 
of 
the 
Homologation 
Certificate 
(1) 
Homologation 
Certificate 
may 
be 
revoked 
in 
the 
event 
that: 
(a) 
modifications 
are 
made 
to 
the 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
with 
respect 
to 
the 
brand, 
name, 
model 
number, 
function 
or 
any 
other 
information 
recorded 
on 
the 
Homologation 
Certificate; 
(b) 
any 
item 
of 
authorised 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
fails 
market 
surveillance; 
(c) 
the 
authorised 
equipment 
fails 
a 
conformity 
assessment; 
and 
(d) 
the 
Homologation 
Certificate 
holder 
violated 
a 
condition 
in 
the 
Homologation 
Certificate. 
(2) 
The 
Authority 
will 
notify 
the 
relevant 
Supplier 
in 
writing 
of 
the 
revocation 
of 
their 
Homologation 
Certificate 
and 
the 
reasons 
thereof. 
(3) 
All 
revoked 
Homologation 
Certificates 
will 
be 
removed 
from 
the 
Homologation 
Register. 
(4) 
Electronic 
communications 
equipment, 
electronic 
communications 
facilities 
and 
subscriber 
equipment 
that 
is 
the 
subject 
of 
a 
revoked 
Homologation 
Certificate 
must 
be 
withdrawn 
from 
the 
market, 
at 
the 
Supplier's 
own 
cost, 
within 
ninety 
(90) 
days 
from 
the 
date 
of 
notification 
by 
the 
Authority. 
24. 
Offences 
(1) 
It 
is 
an 
offence 
to 
offer 
for 
sale 
or 
to 
possess, 
with 
the 
intention 
to 
sell, 
any 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
that 
is 
not 
authorised 
in 
terms 
of 
these 
Regulations. 
(2) 
It 
is 
an 
offence 
to 
affix 
a 
Mark 
of 
Compliance 
to 
any 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
that 
is 
not 
authorised. 
Page 
19 
of 
20 
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25. 
Penalties 
(1) 
Any 
person 
who 
offers 
for 
sale 
or 
has 
in 
their 
possession, 
with 
the 
intention 
to 
sell, 
any 
electronic 
communications 
equipment, 
electronic 
communications 
facility 
or 
subscriber 
equipment 
that 
is 
not 
authorised 
is 
guilty 
of 
an 
offence 
and 
is 
liable, 
on 
conviction, 
to 
a 
term 
of 
imprisonment 
not 
exceeding 
six 
(6) 
months 
and 
/or 
a 
fine 
not 
exceeding 
one 
million 
Rands 
(R 
1,000,000.00). 
(2) 
A 
Supplier 
that 
fails 
to 
comply 
with 
the 
provision 
of 
regulation 
19 
is 
guilty 
of 
an 
offence, 
and 
is 
liable, 
on 
conviction, 
to 
a 
term 
of 
imprisonment 
not 
exceeding 
six 
(6) 
months 
and 
/or 
a 
fine 
not 
exceeding 
One 
Hundred 
Thousand 
Rands 
(R 
100,000.00). 
26. 
Transitional 
Provisions 
(1) 
ICASA 
Type 
Approval 
Certificates 
issued 
prior 
to 
these 
Regulations 
coming 
into 
force 
will 
remain 
valid. 
(2) 
Type 
Approval 
Labels 
that 
were 
issued 
by 
the 
Authority 
prior 
to 
the 
promulgation 
of 
these 
Regulations 
are 
no 
longer 
valid. 
27. 
Repealed 
Regulations 
The 
Enactment 
of 
these 
Regulations 
repeals 
the 
following 
in 
their 
entirety: 
(1) 
Type 
Approval 
Regulations, 
2013; 
(2) 
Labelling 
Regulations, 
2013. 
28. 
Short 
Title 
and 
Commencement 
These 
regulations 
are 
called 
the 
Equipment 
Authorisation 
Regulations, 
2021 
and 
shall 
come 
into 
effect 
upon 
publication 
in 
the 
Government 
Gazette. 
This gazette is also available free online at www.gpwonline.co.za22  No. 44371 GOVERNMENT GAZETTE, 31 MARch 2021
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 31 MAART 2021 No. 44371  23
Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001
Contact Centre  Tel: 012-748 6200. eMail: info.egazette@gpw.gov.za
Publications: Tel: (012) 748 6053, 748 6061, 748 6065
This gazette is also available free online at www.gpwonline.co.za24  No. 44371 GOVERNMENT GAZETTE, 31 MARch 2021