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

Regulations

Radio Frequency Spectrum Amendment Regulations, 2021

Part VI - Specific Services

38. Possession of Radio Apparatus without Licence
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(1)Subject to sections 32(1) and 35 of the Act, no person may possess any radio apparatus except under and in accordance with a radio frequency spectrum licence granted by the Authority, or exempted from a licence by the Authority, or subject to the required type approval of the apparatus.

 

(2)No person must break a seal or alter radio apparatus sealed or altered by the Authority in terms of section 32(3) (a) of the Act.

 

(3)Subject to the provisions of section 31(6) of the Act, the Authority may issue, upon application, a permit (maximum period of one month) with regard to the following activities:
(a)Trial, experimental and demonstration system;
(b)National or news events of public or global interest;
(c)Presidential/inter-governmental visits; or
(d)Any other special event or occasion that would require the use of radio frequency spectrum.

 

(4)An application for a permit must be accompanied by the prescribed application fee and must contain the following:
(a)Full name, address and contact details of the applicant.
(b)If the applicant is a juristic person or an association, a copy of the registration certificate for the company or the Constitution of the association must be supplied.
(c)The storage location of the radio apparatus for which the permit is applied;
(d)The make and model number of the radio apparatus;
(e)The number of units in question; and
(f)Technical parameters of such radio apparatus, including, but not limited to, frequency, power and applicable standard.

 

(5)Where the radio apparatus is not type-approved for use in South Africa and is intended for export purposes only, the applicant must provide an affidavit stating the following:
(a)The country from where the equipment originates;
(b)The country where the radio apparatus will be exported;
(c)That the radio apparatus and containers therein are sealed; and
(d)That the radio apparatus is not intended for use, sale or distribution in South Africa.