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Installation of Telecommunications Infrastructure By-law, 2019
- Published in Western Cape Provincial Gazette no. 8156 on 1 October 2019
- Commenced on 1 October 2019
- [Up to date as at 26 February 2021]
Definitions and purpose
1. DefinitionsIn this by-law, and unless the context otherwise indicates-"administration fee" means the fee that must be paid in advance for a permit to be processed and considered;"annual permit fee" means the fee that must be paid as a condition of issue and continuing validity of a permit issued by the municipality in terms of this by-law;"as-built information" means information relating to how infrastructure has been installed by an operator;"authorised official" means an employee of the municipality responsible for carrying out any duty or function or exercising any power in terms of this by-law and includes a person or agent delegated to carry out or exercise such duty or function;"competent person" means a person who is qualified by virtue of his or her education, training, experience and contextual knowledge to decide regarding the performance of an operator in the provision of electronic communications infrastructure;"completion of work" means the work has reached a state where the permit conditions are met to the satisfaction of the authorised official;"ECA" means the Electronic Communications Act, 2005 (Act No 36 of 2005);"electronic communications" has the meaning in the ECA, namely the emission, transmission or reception of information, including without limitation, voice, sound, data, text, video, animation, visual images, moving images and pictures, signals or a combination thereof by means of magnetism, radio or other electromagnetic waves, optical, electromagnetic systems or any agency of a like nature, whether with or without the aid of tangible conduct, but does not include content service;"electronic communications facility" has the meaning in the ECA, namely any wire, cable including undersea and land-based fibre optic cables, antenna, mast, satellite transponder, circuit, cable landing station, international gateway, earth station, and radio apparatus or other thing, which can be used for, or in connection with, electronic communications, including-(a)collocation space;(b)monitoring equipment;(c)space on or within poles;(d)ducts;(e)cable trays;(f)manholes;(g)hand holds and conduits; and(h)associated support systems, sub-systems and services, ancillary to such electronic communications facilities or otherwise necessary for controlling connectivity of the various electronic communications facilities for proper functionality, control, integration and utilisation of such electronic communications facilities, and "telecommunications infrastructure" has a corresponding meaning;"electronic communications network" means any system of electronic communications facilities, excluding subscriber equipment, including without limitation-(a)satellite systems;(b)fixed systems (circuit- and packet-switched);(c)mobile systems;(d)fibre optic cables (undersea and and-based);(e)electricity cable systems (to the extent used for electronic communications services); and(f)other transmission systems, used for conveyance of electronic communications;"electronic communications operator" means any person who operates an electronic communications network, provides electronic communications services or network services and is either licensed or exempted in terms of the ECA, including that person's agents and contractors and "operator" has a similar meaning;"fees" mean charges or tariffs in respect of any function or service of the municipality as determined in terms of section 75A of the Municipal Systems Act, 2000 (Act 32 of 2000);"ICASA" means Independent Communications Authority of South Africa;"municipality" means the Swartland Municipality, established in terms of Section 12 of the Municipal Structures Act, 1998 (Act 117 of 1998), and includes any political structure, political office bearer, councillor, duly authorized agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"municipal property" means property that, for the purposes of this by-law, can be used or is required for the roll-out of electronic communications networks or the installation of electronic communications facilities including but not limited to-(a)roads and road reserves;(b)pavements, curbs, pedestrian walks and cycle paths;(c)drainage facilities;(d)buried ducts, pipes, conduits and tunnels;(e)poles, gantries, signs and similar structures;(f)other high sites such as water towers, buildings, masts etc;(g)municipal water and sewer lines;(h)municipal utility facilities;(i)municipal traffic signals and signs;(j)street lighting poles and similar street installations including overhead cables;(k)trees on municipal property;(l)land and buildings owned by the municipality; and(m)any structure owned by the municipality;"permit" means a document in terms of which the municipality grants an electronic communications operator the right to use or occupy municipal property for the purposes of installation of electronic communications facilities;"permit conditions" means the conditions associated with a permit, including the rights, obligations and liabilities of the operator as well as the payment of fees determined by the municipality;"service consumption" means the use of municipal services, including but not limited to, water and sanitation, electricity and refuse removal while municipal property is used or occupied by the electronic communications operator;"work" means the electronic communications network or electronic communications facility to be installed by an electronic communications operator, and includes any pipe, duct, cable, manhole, jointing pit, draw box, equipment cabinet or any electronic communication infrastructure which forms part of the installation of the service on municipal property.
2. PurposeThe purpose of this by-law is to provide for mechanisms to regulate and manage the installation of electronic communication facilities that may affect the municipality's own services infrastructure by-(a)requiring electronic communication operators to notify the municipality of their intention to undertake the installation of electronic communication facilities in the jurisdictional area of the municipality prior to commencement of such installation;(b)requiring such operators to furnish the municipality with all information about the location and nature of the work to be undertaken, including plans and drawings;(c)requiring such operators to obtain a permit for the right to occupy municipal property and to locate and operate electronic communications facilities on such property; and(d)giving the municipality the right to impose conditions upon issuing of a permit envisaged in subparagraph (c) and to levy fees and changes as envisaged in terms of section 75A of the Municipal Systems Act, 2000 (Act 32 of 2000);
Notification and permit considerations
3. Notification and information required
4. Permit considerationsThe issue of a permit to the operator in terms of section 3, shall be considered and decided against the following factors-(a)whether the physical space the operator intends to occupy is available and suitable for the purpose;(b)whether the operator has existing similar infrastructure occupying the same physical space;(c)whether the proposed occupation of the physical space may limit or prevent the future occupation of the same space by other electronic communications operators, the municipality or other entities;(d)whether similar infrastructure owned by other electronic communications operators already occupies the same physical space; or(e)any other consideration that the municipality may find necessary.
5. Issue of permit
Specific permit conditions
6. Payment of annual permit fees
7. Provision of bank guarantee
8. Commencement and execution of work
9. Construction and sharing of infrastructure
10. Sharing of existing municipal services infrastructure
11. Sharing of information
12. Period of validity of permitA permit issued in terms of this by-law shall remain valid for a period of two years from date of issue of the permit, provided that the operator pays the annual permit fees and complies with the conditions applicable to the permit issued.
13. Transfer of permit
14. Revocation of permit
15. Expiry of permit
Compliance and enforcement
16. Compliance with legislationA permit granted in terms of this by-law does not exempt the operator from complying with any other law, or by-law or zoning provisions of the municipality.
17. Right of access and inspectionAn authorised official of the municipality shall have unlimited access to the work undertaken by the operator to inspect such work for compliance with the provisions of this by-law.
18. Supervision, inspection and testing
19. Notice of compliance
20. Fees and tariffs
21. IndemnityThe operator shall indemnify the municipality against claims in respect of-(a)damages caused to the work and or disruption of services by the municipality or any other third party or cost incurred by the operator to relocate, remove or protect the facilities: or(b)damages or injury caused to a third party by the operator during the installation of electronic communications facilities.
22. Offences and penalties
23. AppealAn operator who feels aggrieved by a delegated decision of the municipality may appeal against such decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Municipal Systems Act, 2000 (Act 32 of 2000) to the municipal manager within 21 days of the date of the notification of the decision.
24. Short title and commencementThis by-law shall be known as the Swartland Municipality: By-law Relating to the Installation of Telecommunications Infrastructure and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- Chapter 1 – Definitions and purpose
- Chapter 2 – Notification and permit considerations
Chapter 3 – Specific permit conditions
- 6. Payment of annual permit fees
- 7. Provision of bank guarantee
- 8. Commencement and execution of work
- 9. Construction and sharing of infrastructure
- 10. Sharing of existing municipal services infrastructure
- 11. Sharing of information
- 12. Period of validity of permit
- 13. Transfer of permit
- 14. Revocation of permit
- 15. Expiry of permit
- Chapter 4 – Compliance and enforcement
- Chapter 5 – General provisions
History of this By-law
1 October 2019 this versionPublished in Western Cape Provincial Gazette no. 8156By-law commences.
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