Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007) Regulations Protection of the Karoo Central Astronomy Advantage Areas in terms of the Astronomy Geographic Advantage Act, 2007 Schedule B-Regulations on administrative matters regarding Schedule A for the Karoo central astronomy advantage areas declared for radio astronomy purposes 1. Definitions

 

For purposes of these Schedule B Regulations, unless the context indicates otherwise—

 

"the Act "

means the Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007);

 

"assessment point "

means the geographical location or any relevant point within an area defined in Schedule A of these Regulations, which location or point is used as the assessment point for the applicable protection measures prescribed in Schedule A of these Regulations;

 

"competent person"

means a person who meets each of the criteria prescribed in regulation 8 of these Schedule B Regulations;

 

"compliance assessment"

means the process that includes the activities prescribed in sub-regulation 4(3) of these Schedule B Regulations;

 

"dBm"

means the radio frequency power level expressed in decibels relative to one milliwatt;

 

"designated service"

means a radio communications service used in the Karoo central astronomy advantage areas that is classified as a designated service in terms of the criteria and procedures prescribed in regulation 7 of these Schedule B Regulations;

 

"Electronic Communications Act"

means the Electronic Communications Act, 2005 (Act No. 36 of 2005);

 

"effective radiated power"

means the product of the power level supplied to the antenna and the antenna gain relative to a half-wave dipole in the relevant direction;

 

"ICASA"

means the Independent Communication Authority of South Africa, an independent regulatory body established in terms of the Independent Communication Authority of South Africa Act, 2000 (Act No. 13 of 2000), responsible for regulating broadcasting, postal services and electronic communications in the Republic;

 

"ICASA Spectrum Regulations 2015"

means the radio frequency spectrum regulations published by ICASA on 30 March 2015, in Government Gazette No. 38641, under Notice No. 279;

 

"ITU"

means the International Telecommunication Union; "Karoo central astronomy advantage areas" means the Karoo central astronomy advantage areas declared on 12 March 2014 in Government Gazette No. 37434, under Notice No. 198;

 

"Karoo central astronomy advantage areas"

means the Karoo central astronomy advantage areas declared on 12 March 2014 in Government Gazette No. 37434, under Notice No. 198;

 

"licence exempt operator"

means a person who provides a service pursuant to an exemption granted by ICASA in terms of section 6 of the Electronic Communications Act, 2005, or uses radio frequency spectrum which is exempt from requiring a radio frequency spectrum licence by virtue of section 31(6) of the Electronic Communications Act, 2005, and regulations made in terms thereof;

 

"licensee"

as defined in the Electronic Communications Act, 2005) means a person issued with a licence to provide services in terms of Chapter 3 or to use the radio frequency spectrum in terms of Chapter 5 of the Electronic Communications Act, 2005;

 

"management authority"

means the organ of state to which the Minister has assigned the management of the Karoo central astronomy advantage areas in terms of section 15 of the Act and includes any party with whom the management authority has entered into a co-management agreement for the co-management of the Karoo central astronomy advantage areas in terms of section 18 of the Act;

 

"Protection Levels Regulations 2012"

means the regulations on radio astronomy protection levels applicable in astronomy advantage areas declared for the purposes of radio astronomy published on 10 February 2012 in Government Gazette No. 35007, under Notice No. R.90;

 

"radio astronomy station"

means one or more receiving systems at a location, including accessory equipment, for receiving radio waves of cosmic origin for the purposes of radio astronomy;

 

"radio communication"

means 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 radio or other electromagnetic waves without the aid of a tangible conductor;

 

"radio communications network service licensee"

means an electronic communications network service licensee to whom ICASA has issued an electronic communications network service licence in terms of section 5(2) or 5(4) of the Electronic Communications Act, 2005;

 

"radio communications service"

means an electronic communications service provided to the public, sections of the public, the State, or the subscribers to such service, which consists wholly or mainly of the conveyance by any means of radio communications over a radio communications network;

 

"radio equipment"

means a product or relevant component thereof, capable of communication by means of radio waves utilising spectrum allocated to terrestrial/space radio communication;

 

"radio frequency interference"

means the detrimental effect of received radio communication signals that exceed the protection levels prescribed in the Protection Levels Regulations 2012, for more than 5% of the time over a 24-hour period;

 

"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, broadcasting service or any electronic communications authorised by ICASA, and any radio equipment used at a specific geographical location;

 

"radio waves"

means electromagnetic waves of frequencies from 8.3 kHz to 3000 GHz, propagated in space without an artificial guide;

 

"restricted radio frequency spectrum"

means radio frequency spectrum the use of which is prohibited or restricted by the Minister in terms of section 22 of the Act as determined in Schedule A of these Regulations;

 

"saturation level"

means the total received power level of (minus) -100 dBm, or higher, within the transmission bandwidth of the radio communication producing the radio frequency interference level at which the saturation phenomenon occurs at a radio astronomy station or at a specified assessment point or points, or within a specified area;

 

"Schedule A Regulations"

means the regulations to prohibit and restrict the use of certain radio frequency spectrum in terms of section 22 of the Act and certain declared activities in terms of section 23 of the Act, within the Karoo central astronomy advantage areas, which is Schedule A of these Regulations; and

 

"Transmission characteristics"

means the geographical features of a radio station site, including the geographical location, and the effective height and terrain roughness as defined by the ITU, or another internationally recognised standard, and the technical features of the radio transmission, including the radio frequency, effective radiated power and wave polarisation, as required to calculate the radio frequency interference level at a specified geographical location.