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

The Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007) (AGAA) provides for the Minister responsible for Science and Technology to declare any area or part of an area in the Province of the Northern Cape (except Sol Plaatje Municipal area) as an astronomy advantage area (AAA). The AAA’s must be protected, amongst others, from harmful radio frequency interference, which may be caused by radio communication services. The SKA has been built in the Northern Cape Province. The SKA location, frequencies bands to be protected, protection levels, coordination procedures, and other parameters are prescribed through the Astronomy Geographic Advantage Act (21/2007) (AGA Act): Notice of the radio frequency spectrum exempted for use within the Karoo Central Astronomy Advantage Areas published in Government Gazette Number 42531 (Notice 926 of 2019). The band 100 MHz to 25.5 GHz are earmarked for the SKA.

Radiocommunications with transmitters located within the AAA’s, which operate within the radio frequency range/s identified for radio astronomy purposes are to be subjected to the provisions of the AGAA. All transmitters located, or to be located, within the AAA’s will be subject to authorisation according to the prescribed processes by the Astronomy Geographic Advantage Act (21/2007) (AGA Act): Notice of the radio frequency spectrum exempted for use within the Karoo Central Astronomy Advantage Areas published in Government Gazette Number 42531 (Notice 926 of 2019) Where authorisation has been granted in accordance with the prescribed procedures, a prospective licensee is still required to submit a spectrum application form for consideration by the Authority.

Where a licensee is required to move its electronic communications facility or migrate to an alternative radio frequency band, The Authority will consult and agree with the licensee regarding the reasonable period within which the licensee must cease to operate its electronic communications facility and migrate to an alternative band.