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 purposes4. Conditions for Radio Frequency Spectrum Use and Transmissions |
| (1) | In order for the permit contemplated in sub-regulation 3(2)(b)(ii) to be issued, the radio frequency interference caused by spectrum use and radio communication transmissions shall not exceed— |
| (a) | the saturation level within the protection corridors in the Karoo central astronomy advantage area 1, as defined in Annexure A of this Schedule A or within a circle with a radius of 20 kilometres around the SKA Virtual Centre; and |
| (b) | the protection levels prescribed in the Protection Levels Regulations 2012, as applied at the SKA Virtual Centre, unless the use or activity is for a designated service for which a specified interference level in excess of the prescribed protection level has been specified in a permit issued in terms of regulation 4 in Schedule B of these Regulations, to the person using that spectrum and making that transmission. |
| (2) | A compliance assessment shall be carried out by the management authority or alternatively by the applicant for a permit prior to the issuing of any permit in terms of regulation 4 in Schedule B of these Regulations, that shall include the following aspects to the extent that they are applicable— |
| (a) | The calculation of the radio frequency interference levels to determine whether the applicable protection level is exceeded at the SKA Virtual Centre and whether the saturation level is exceeded within the protection corridors in the Karoo central astronomy advantage area 1 as defined in Annexure A of this Schedule A, or within a radius of 20 km around the SKA Virtual Centre. |
| (b) | The determination of radio frequency interference referred to in sub-regulation 4(2)(a) shall be carried out on the base (fixed) radio stations or radio equipment located at a fixed geographical location. |
| (c) | If radio frequency interference or saturation level interference is likely to be caused by mobile or portable radio stations or radio equipment used in conjunction with the base station or radio equipment at a fixed location, the worst-case radio frequency interference conditions shall be determined with respect to the mobile or portable radio equipment. |
| (d) | The determination and assessment of radio frequency interference may also be required by the management authority for radio equipment exempted by ICASA from radio frequency spectrum licensing in Part Ill, regulation 4 of the ICASA Spectrum Regulations 2015, that produces a radiated power level of greater than 250 milliwatt. |
| (3) | Conditions, which may include limitations on the geographical area in which mobile or portable radio stations or radio equipment may be used or any other method that will restrict the interference to the protection level, shall be added to any permit already granted in the event that— |
| (a) | a mobile or portable radio station or radio equipment used in conjunction with a base radio station for which a permit had been granted causes radio frequency interference at the SKA Virtual Centre; or |
| (b) | saturation level radio frequency interference occurs within the protection corridors in the Karoo central astronomy advantage areas described in Annexure A of this Schedule A, or within 20 km of the SKA Virtual Centre. |
| (4) | Any person who operates radio equipment for which radio frequency spectrum licence exemptions have been prescribed by ICASA, in Part Ill, regulation 4 of the ICASA Spectrum Regulations, 2015, shall not operate or use such equipment within 50 km of the SKA Virtual Centre unless a permit has been granted by the management authority. |