Electronic Communications Act, 2005 (Act No. 36 of 2005)Chapter 15 : Transitional Provisions92. Existing licences |
| (1) | All licences granted, issued or considered to have been granted or issued in terms of the Telecommunications Act, the Broadcasting Act or the IBA Act, (in this chapter collectively referred to as ‘‘existing licences’’) remain valid under this Act until converted by the Authority in terms of this Chapter. |
| (2) | Any person who, immediately before the commencement of this Act, lawfully provided any service or used the radio frequency spectrum in terms of the Telecommunications Act, the Broadcasting Act or the IBA Act without a licence, is considered to have a licence exemption in terms of section 6 to continue to provide such service or use the radio frequency spectrum, unless notified in writing by the Authority that such service or the use of the radio frequency spectrum requires a licence in terms of this Act. |
| (3) | Where sections of the related legislation and the IBA Act did not apply to broadcasting services pending a recommendation by the Authority, the equivalent sections in this Act will not apply to such services until the recommendation has been adopted in the National Assembly. |
| (4) | Where the Authority notifies a person that a license is required in terms of subsection (2), the notification must provide the terms and schedule in terms of which a licence will be issued. |
| (5) | Any person, who immediately before the commencement of this Act, lawfully provided any service or used the radio frequency spectrum in terms of the Telecommunications Act, Broadcasting Act or IBA Act without a licence is considered to have permission to continue to provide such a service on the same conditions and terms, or use the frequency spectrum on the same conditions and terms without a licence until such time as the Authority has granted or refused a licence application. |
| (6) | Existing licences referred to in subsection (1) must be converted by the Authority in terms of this Chapter within 24 months from the commencement date of this Act or such extension period, which must not exceed an additional 6 months, from the expiry of the 24 month period. |
| (7) | Any current applications, process, recommendations and regulations pending before the Authority or the Minister upon the coming into force of this Act must be considered to have been submitted in accordance with the provisions of this Act and must be considered in terms of the relevant sections of this Act. |