Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

Radio Frequency Spectrum Amendment Regulations, 2021

Part I - Preliminary

2. Purpose

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(1)The purpose of these regulations is to:
(a)establish the framework through which the Authority may allocate and assign radio frequency spectrum under the South African National Radio Frequency Plan;
(b)establish standard terms and conditions which will be applicable to all frequency bands and applications as well as radio frequency spectrum licences;
(c)establish transparent, fair and efficient procedures and processes for radio frequency spectrum licence applications;
(d)allow for greater flexibility such that special conditions and procedures for specific frequency bands can be applied;
(e)provide for circumstances in which the use or possession of radio apparatus does not require a radio frequency spectrum licence;
(f)provide procedures and criteria for awarding radio frequency spectrum licences for competing applications or instances whereby there is insufficient spectrum available to accommodate demand;
(g)set out the procedures for application for permissions to assign, cede or transfer ownership and control of a radio frequency spectrum licence;
(h)set out the principles and procedures for frequency coordination where spectrum is assigned on a shared basis;
(i)provide dispute resolution mechanisms with regard to shared spectrum;
(j)provide a framework for the Radio Frequency Application Fees, Radio Frequency Examination and Certificate Fees; and
(k)prescribe relevant application forms.