Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)RegulationsProtection of the Karoo Central Astronomy Advantage Areas in terms of the Astronomy Geographic Advantage Act, 2007Schedule A-Regulations to prohibit and restrict the use of certain radio frequency spectrum and certain radio activities in the Karoo central astronomy advantage areas declared for radio astronomy purposes3. Prohibition and Restrictions on Radio Frequency Spectrum Use and Transmissions |
(1) | The prohibition of radio frequency spectrum use and radio communication transmissions therein, as provided for in this regulation 3, shall apply to the radio frequency spectrum and to radio transmissions within that spectrum according to the radio frequency spectrum allocations made in terms of sub-regulation 2(1) to the respective geographical areas. |
(2) | From one (1) year after the date that these regulations become operational, no licensee or licence exempt operator shall use, or continue to use, the radio frequency spectrum from 100 MHz to 25.5 GHz as allocated in sub-regulation 2(1) to the respective areas, and conduct radio transmissions within that spectrum and within the Karoo central astronomy advantage areas, unless— |
(a) | it is required for the purposes of radio astronomy and related scientific endeavours declared to be so in terms of section 28(1) of the Act; or |
(b) | the following conditions are complied with: |
(i) | that the spectrum to be used has been exempted from this prohibition in terms of regulation 3 of Schedule B of these Regulations; and |
(ii) | the management authority has considered possible radio frequency interference when considering the licensee or licence exempt operator's application for a permit in terms of regulation 4 of Schedule B of these Regulations, and has subsequently issued to that person a permit with relevant specifications and limitations to be complied with; or |
(c) | the exemptions on this requirement in terms of regulation 5 of this Schedule A, are applicable. |
(3) | From the date that these regulations come into operation, no licensee or licence exempt operator shall use radio frequency spectrum and conduct radio communication transmissions therein for any new construction, upgrade, or expansion of a radio station or use of new radio equipment, within the Karoo central astronomy advantage areas unless subregulation 3(2)(b) of this Schedule A has been complied with, or subregulation 3(2)(c) applies. |
(4) | Any radio frequency spectrum use and radio communication transmissions contemplated in sub-regulations 3(2)(b) and 3(3) shall comply with the conditions for radio frequency spectrum use and radio communication transmissions prescribed in regulation 4 of this Schedule A. |
(5) | From one (1) year after the date that these regulations come into operation, no television broadcasting service licensee or broadcasting signal distribution licensee shall transmit a television broadcasting service in analogue format from a terrestrial transmitting station within the Karoo central astronomy advantage areas. |