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 B-Regulations on administrative matters regarding Schedule A for the Karoo central astronomy advantage areas declared for radio astronomy purposes7. Criteria, procedures and conditions that apply to a designated service |
| (1) | Radio communication transmissions that provide the services listed below may be considered by the management authority for classification as designated services— |
| (a) | broadcasting signal distribution via geostationary satellites for distribution to terrestrial broadcasting transmitters and for direct-to-home reception and VHF/FM sound broadcasting transmissions; |
| (b) | electronic communications network services of provincial and national scope licensed by ICASA in terms of section 5(3) of the Electronic Communications Act, 2005; |
| (c) | electronic communications for the operation and maintenance of electricity transmission and distribution power systems; |
| (d) | electronic communications for the operation and maintenance of rail transport; |
| (e) | electronic communications for security services and their objects as defined in Chapter 11 of the Constitution of the Republic of South Africa 1996, local government and their objects as defined in Chapter 7 of the Constitution, health services and emergency services; and |
| (f) | geostationary satellite communications. |
| (2) | An application for a permit in terms of regulation 4(7) of these Schedule B Regulations for a radio communication service that may qualify to be classified as a designated service in terms of sub-regulation 7(1), must— |
| (a) | request such classification in the permit application; |
| (b) | state the transmissions and the radio frequency interference level that cannot be reduced to comply with the applicable protection level without significantly affecting that service; |
| (c) | provide an explanation and the reasons why the interference level cannot be reduced; and |
| (d) | request that a radio frequency interference level in excess of the prescribed value be permitted. |
| (3) | In the determination by the management authority of whether a radio communication service in sub-regulation 7(1) should be classified as a designated service, or not, consideration must be given to— |
| (a) | the existence of a functionally suitable and economically feasible alternative which complies with or better meets the conditions prescribed in regulation 4 of Schedule A of these Regulations; and |
| (b) | the possible use of an alternative frequency band and/or an alternative technology that has a lesser radio frequency interference impact on the protection of radio astronomy. |
| (4) | The classification for each different type of radio communication service, operating in a different frequency band or using a different technology, in particular for licensees providing multiple types of services, must be determined separately and so indicated in the permit to be issued. |
| (5) | The management authority must, before the evaluation process for the compliance assessment and the application for a permit prescribed in regulation 5 of this Schedule B Regulations commences, determine whether the radio communication service involved will be classified as a designated service. |
| (6) | A radio communication service classified as a designated service must comply with the conditions prescribed in regulation 4 of these Schedule A Regulations, provided that a radio frequency interference level in excess of the prescribed value may be permitted. |
| (7) | A classification as a designated service may be cancelled by the management authority when a different electronic communication system that is functionally suitable and economically feasible becomes available, which complies with or to a greater extent meets the restrictions, conditions and standards prescribed in Schedule A of these Regulations for the protection of radio astronomy. However, any cancellation contemplated, must first provide a reasonable opportunity to the permit holder to study the consequences of the cancellation, to consider alternative options and to submit an alternative solution in this regard. |
| (8) | No relief may be granted by the management authority where radio frequency interference is likely to exceed the saturation level at any applicable assessment point or area prescribed in Schedule A of these Regulations. |