Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsRadio Frequency Spectrum Amendment Regulations, 2021Part V - Standard Terms and Conditions of Radio Frequency Spectrum Licences20. Spectrum Dispute Resolution in the Use of Shared Frequencies |
| (1) | A dispute between licensees regarding any matter pertaining to radio frequency spectrum shall first be attempted to be resolved by the parties. |
| (2) | If an undertaking provided by any one of the parties has been registered with the Authority, the parties may then adopt the conditions of the undertaking in resolving the dispute. |
| (3) | The parties may seek a resolution of the dispute by the Authority if: |
| (a) | they cannot or have otherwise failed to reach an agreement in the dispute, and no relevant undertaking has been registered; |
| (b) | one of the parties to the dispute does not wish to adopt the conditions of the undertaking registered with the Authority; or |
| (c) | the Act expressly provides for such resolution. |
| (4) | Both parties should make every attempt in good faith to reach a solution using "Alternative Dispute Resolution" (ADR) before approaching the Authority, including: |
| (a) | negotiation - bilateral discussions between the involved parties; and |
| (b) | mediation and arbitration - negotiations supported by a neutral party. |
| (i) | In this case the parties may approach the Authority to assist in the appointment of a mediator who is acceptable to all parties. |
| (ii) | The recommendations from the mediation and arbitration process need to be mutually accepted by the disputing parties. |
| (iii) | The Authority cannot be held responsible or liable for any decision reached through the ADR process. |
| (5) | The Authority, may at its own discretion, reject any dispute application where there has not been any clear and documented attempt to adopt ADR before referring the dispute to the Authority; except in instances referred to in sub,regulation (2) |
| (6) | Where licensees are unable to reach an agreement following ADR process, either one of the licensees may declare a dispute by informing the Authority in writing, indicating the subject matter of the dispute. |
| (7) | In resolving the dispute, the Authority may decide as follows: |
| (a) | Direct the removal of radio apparatus; |
| (b) | Impose penalties on one or more of the licensees should it be ascertained that the said licensees are in contravention of their licence conditions, regulations or Act; |
| (c) | Suspend or cancel radio frequency spectrum licences in accordance with the provisions of these regulations; or |
| (d) | Impose other terms and conditions as required. |