| (b) | A service licence is required in addition to any radio frequency spectrum licence where the provision of such service entails the use of radio frequency spectrum. |
[Section 31(2) substituted by section 15(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (2A) | A radio frequency spectrum licence may not be assigned, ceded or in any way transferred, and the control of a radio frequency spectrum licence may not be assigned, ceded or in any way transferred, to any other person without the prior written permission of the Authority. |
[Section 31(2A) inserted by section 15(b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (3) | The Authority may, taking into account the objects of the Act, prescribe procedures and criteria for— |
| (a) | radio frequency spectrum licences in instances where there is insufficient spectrum available to accommodate demand; |
| (b) | the amendment, transfer, transfer of control, renewal, suspension, cancellation and withdrawal of radio frequency spectrum licences; and |
| (c) | permission to assign, cede, share of in any way transfer a radio frequency spectrum licence, or assign, cede or transfer control of a radio frequency spectrum licence as contemplated in subsection (2A). |
[Section 31(3) substituted by section 15(c) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (4) | The Authority may amend a radio frequency spectrum licence— |
| (b) | in the interest of orderly radio frequency spectrum management; |
| (c) | to effect the migration of licensees in accordance with a revised radio frequency plan or the transition from analogue to digital broadcasting; |
| (d) | if requested by the licensee concerned to the extent that the request is fair and does not prejudice other licensees; or |
| (e) | with the agreement of the licensee. |
| (4A) | The Authority must notify the licensee within 60 days of its decision with regard to an application for an amendment of a spectrum licence. |
[Section 31(4A) inserted by section 15(d) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (5) | Subsection (1) does not apply to a person who utilises radio frequency spectrum— |
| (b) | in the course of making due and proper use of an electronic communications service, the provision of which is licensed in terms of Chapter 3 as part of his or her duties in the service of the State or a local authority, including any military force, police service or traffic authority, in instances of force majeure; or |
| (c) | in accordance with the regulations contemplated in subsection (6). |
| (6) | The Authority may prescribe— |
| (a) | types of radio apparatus the use or possession of which; or |
| (b) | the circumstances in which the use or possession of radio apparatus, |
does not require a radio frequency spectrum licence, including, but not limited to radio frequency spectrum allocated for use in respect of radio astronomy and other scientific uses of radio frequency spectrum that have been coordinated and agreed to by the Authority.
| (7) | The Authority may, on its own initiative, take appropriate action to ensure compliance with the provisions of this Chapter. |
| (8) | Subject to subsection (9), the Authority may withdraw any radio frequency spectrum licence or assigned radio frequency spectrum when the licensee fails to utilise the assigned radio frequency spectrum in accordance with the licence conditions applicable to such licence. |
[Section 31(8) substituted by section 15(e) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (9) | Before the Authority withdraws a radio frequency spectrum licence or assigned radio frequency spectrum in terms of subsection (8), it must give the licensee prior written notice of at least 30 days and the licensee must have 7 (seven) business days in which to respond in writing to the notice (unless otherwise extended by the Authority) demonstrating that it is utilising the radio frequency spectrum in compliance with this Act and the licence conditions. |
[Section 31(9) substituted by section 15(e) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (10) | The Authority, based on the written response of the licensee, must notify the licensee of its decision to withdraw or not to withdraw the licence or assigned radio frequency spectrum. |
[Section 31(10) substituted by section 15(e) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
