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 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 purposes

5. Exemptions to the Prohibition, Restrictions and Conditions
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(1) The prohibition in sub-regulation 3(2) does not apply to existing radio communication transmissions within the spectrum from 100 MHz to 200 MHz which were lawful immediately before the promulgation of these Regulations: subject thereto that the spectrum being used, must be exempted in terms of regulation 3 of Schedule B of these Regulations and a permit must be acquired by that person in relation to the use of that spectrum and those radio communication transmissions, in terms of regulations 3 and 4 of Schedule B of these Regulations.

 

(2) Radio equipment, for which radio frequency spectrum licence exemptions have been prescribed in Part III, regulation 4 of the ICASA Spectrum Regulations, 2015, is exempted from the restrictions prescribed in sub-regulations 3(2) and 3(3) on the use of the related radio frequency spectrum and the transmissions, and from the requirement for the possession of a permit, provided that:
(a) the frequency spectrum use has been exempted from the prohibition in sub-regulation 3(2) in terms of regulation 3 of Schedule B of these Regulations;
(b) the radio equipment produces a radio frequency effective isotropically radiated power (e.i.r.p.) level of less than or equal to 250 milliwatt;
(c) the radio equipment in sub-regulation 5(2)(b) complies with the relevant requirements and conditions that are stated in Annexure B of the ICASA Spectrum Regulations 2015;
(d) the radio equipment is used individually in accordance with the specifications in the ICASA Spectrum Regulations 2015 and not in conjunction with multiple units linked into networks or the radiated radio frequency power is not increased in any way;
(e) radio frequency interference exceeding the relevant protection level, as prescribed in the Protection Levels Regulations 2012, is not caused by the radio equipment at the SKA Virtual Centre or saturation level interference is not caused within the protection corridors or within a 20-km radius from the SKA Virtual Centre.

 

(3)Radio equipment, such as cell phones, portable and mobile two-way radio communication stations, that is used in conjunction with fixed radio base stations licensed by ICASA and are included in the relevant ICASA radio frequency spectrum licences, is exempted from the restrictions prescribed in these regulations on use of the related radio frequency spectrum and radio communication transmissions, and from the requirement of having an individual permit, provided that the radio equipment complies with the applicable technical standards prescribed by ICASA and that the fixed radio stations to which it connects, complies with Schedule A of these Regulations.

 

(4) Should any of the radio equipment contemplated in sub-regulations 5(2), and 5(3) cause radio frequency interference or saturation level interference, then—
(a) a compliance assessment, as contemplated in sub-regulations 4(5) and 4(6) of Schedule B of these Regulations, shall be carried out to determine the extent of the radio frequency interference and an application for a permit shall be filed with the management authority; or
(b) the relevant management authority may investigate the radio frequency interference or saturation level interference caused and determine permit conditions for the use of that category of radio equipment; or
(c) the Minister may declare a core astronomy advantage area within which all the exempted radio equipment may not be used as prescribed in the Core Astronomy Advantage Areas Regulations for Radio Astronomy published on 22 June 2012, in Government Gazette No. 35450, under Notice No. R.465.

 

(5)The granting or amendment of a permit contemplated in sub-regulation 5(4)(b) shall be subject to the procedures and criteria prescribed in Schedule B of these Regulations.