Electronic Communications Act, 2005 (Act No. 36 of 2005)ICASAICT COVID-19 National Disaster Sixth Amendment Regulations6. Access to Radio Frequency Spectrum |
Temporary assignment of Radio Frequency Spectrum
| (1) | During the National State of Disaster, any licensee may apply to the Authority to dispense with the prescribed licensing procedures for the licensing of the Radio Frequency Spectrum, including high demand spectrum, in order to enable it to deal with the anticipated rise in demand for network capacity or data services. |
| (2) | In order to enable the Authority to temporarily assign Radio Frequency Spectrum in the furtherance of the objectives in sub regulation (1) the Authority may, whenever it considers necessary, deviate from the Radio Frequency Spectrum Assignment Plans published by the Authority. |
| (3) | The following International Mobile Telecommunications (IMT) spectrum bands shall be made available for temporary assignment: 700MHz, 800MHz, 2300MHz, 2600MHz, and 3500MHz and shall be assigned in accordance with the criteria and conditions stipulated in Annexure A. |
| (4) | The Authority shall from time to time publish details of further bands that are available for temporary assignment. |
| (5) | Licensees shall pay pro-rated radio frequency spectrum licence fees, in terms of the Radio Frequency Spectrum Licence Fees Regulations, 2010, for the period commencing on 1 September 2021 to 30 November 2021, for the bands specified in sub-regulations (3) and (4). |
[Regulation 6(5) substituted by section 2(a) of Notice No. 785, GG45069, dated 31 August 2021]
| (5A) | Payment of fees, in terms of sub-regulation (5), must be made to the Authority by no later than 15 September 2021. |
[Regulation 6(5A) substituted by section 2(b) of Notice No. 785, GG45069, dated 31 August 2021]
| (5B) | Failure to pay the fees in terms of sub-regulation (5A) will result in the issued temporary spectrum licence being invalid. |
[Regulation 6(5B) inserted by section 4.2 of Notice No. 678, GG43945, dated 27 November 2020]
| (5C) | [Regulation 6(5C) deleted by section 2(c) of Notice No. 165, GG44374, dated 31 March 2021] |
| (6) | Subject to sub-regulation (7), any radio frequency spectrum assigned temporarily to licensees in terms of sub regulations (3) and (4) shall be revoked upon the expiry of three (3) months of termination of the National State of Disaster. |
| (7) | No radio frequency spectrum licence assigned pursuant to subregulations (3) and (4), will be valid after 30 November 2021. Any Licensee assigned with radio frequency spectrum pursuant to subregulations (3) and (4) must wind up their operations, on or before 30 November 2021. The Authority will not extend any further, the utilisation of the radio frequency spectrum contemplated in sub-regulations (3) and (4), beyond 30 November 2021. |
[Regulation 6(7) substituted by section 2(c) of Notice No. 785, GG45069, dated 31 August 2021]
| (7A) | Notwithstanding the provisions of sub-regulations (6) and (7), the Authority may revoke the temporary radio frequency spectrum licences issued in terms of these Regulations earlier than the dates contemplated in sub-regulations (6) and (7), by publishing a 30-day notice in the Gazette. |
[Regulation 6(7A) inserted by section 4(d) of Notice No. 314, GG44631, dated 28 May 2021]
| (8) | Applications contemplated in terms of sub-regulations (3) and (4) shall be submitted to the Authority by no later than 16h00 on 09 April 2020 to the following e-mail address: [email protected] |
| (9) | The Authority shall process applications submitted in terms of subregulations (3) and (4) within four (4) days of receipt of a complete application. |
| (10) | Two or more licensees may share radio frequency spectrum assigned to alleviate the challenges of network capacity. |
| (11) | The licensees shall ensure that radio frequency spectrum sharing is implemented efficiently and in a manner that does not compromise the quality of the electronic communications services provided by licensees and the functioning of the electronic communications networks of other licensees. |
| (12) | All spectrum sharing agreements shall be submitted to the Authority for approval in accordance with regulation 18(4) of the Radio Frequency Spectrum Regulations, 2015. The Authority shall process such agreements within four (4) days of receipt thereof. |
| (12A) | The duration of spectrum sharing agreements approved by the Authority pursuant to these Regulations shall not exceed the duration of the temporary radio frequency spectrum licence contemplated in sub-regulations (6) and (7). The licensees with spectrum sharing agreements approved by the Authority in terms of these Regulations, must wind up their operations with respect to their spectrum sharing agreements, on or before 30 November 2021. The Authority will not approve any spectrum sharing agreements or further extension of the spectrum sharing agreements in terms of these Regulations beyond 30 November 2021. |
Regulation 6(12A) substituted by section 2(d) of Notice No. 785, GG45069, dated 31 August 2021]
Obligations relating to IMT Radio Frequency Spectrum licensees
| (13) | Licensees with both Electronic Communications Services and Electronic Communications Network Services licensees, and have access to IMT Radio Frequency Spectrum assignment, must send to their subscribers by SMS, free of charge: |
| (a) | at least two public announcements per day regarding the prevention and management of COVID-19; and |
| (b) | notifications of all announcements by the Minister of Health or the Presidency. |
| (14) | The Authority shall determine, after consultation with the relevant Departments responsible for education and communications, the number of district virtual classroom platforms to support virtual teaching during the COVID-19 national disaster, which shall be connected by the Individual Electronic Communications Network Service licensees with access to IMT Radio Frequency Spectrum assignment. |
| (14A) | All Electronic Communications Service and Electronic Communications Network Service licensees must zero rate access to all educational sites upon approval by the Department of Basic Education and the Department of Higher Education and Training. |
[Regulation 6(14A) inserted by section 3.1 of Notice No. 500, GG43707, dated 11 September 2020]
| (15) | All Electronic Communications Service and Electronic Communications Network Service licensees must zero rate all COVID-19 sites upon approval by the Department of Health. |
[Regulation 6(15) substituted by section 3.2 of Notice No. 500, GG43707, dated 11 September 2020]
| (16) | A licensee assigned with temporary spectrum in terms of subregulations (3) and (4), must maintain network connectivity in line with regulatory requirements for the virtual classrooms platforms allocated respectively to it by the Authority, free of charge, for a period of seventeen (17) months from the date of confirmation of deployment by the operator as verified by the Authority in collaboration with the Department of Basic Education and the Department of Communications and Digital Technologies, notwithstanding that its licence for temporary spectrum assigned to it in terms of sub-regulations (3) and (4) has expired. |
[Regulation 6(16) substituted by section 4(f) of Notice No. 314, GG 44631, dated 28 May 2021]
| (17) | A licensee assigned with temporary spectrum in terms of subregulations (3) and (4), that does not seek to extend the validity period of its temporary radio frequency spectrum licence post 31 May 2021, must maintain network connectivity for the virtual classrooms platforms as contemplated in sub-regulation (16) for a period of fourteen (14) months. |
[Regulation 6(17) substituted by section 4(g) of Notice No. 314, GG 44631, dated 28 May 2021]