Electronic Communications Act, 2005 (Act No. 36 of 2005)ICASAThe ICT COVID-19 National State of Disaster Regulations, 20216. Access to Radio Frequency Spectrum |
Assignment of Provisional Radio Frequency Spectrum
| (1) | The temporary radio frequency spectrum licences issued in April 2020 in terms of the 2020 Regulations shall terminate on 30 November 2021. |
| (2) | The new provisional radio frequency spectrum regime is hereby introduced with effect from date of publication of these Regulations. |
| (3) | The new provisional radio frequency spectrum licences shall operate from 1 December 2021 until 30 June 2022 or until three months after the termination of the National State of Disaster, whichever occurs first. |
| (4) | Holders of provisional radio frequency spectrum licences issued in terms of these Regulations shall return to the Authority the assigned spectrum on the occurrence of any of the events in sub-regulation (3) above. |
| (5) | Any IECNS and IECS licensee, including the holders of the temporary radio frequency spectrum issued in April 2020, may apply to the Authority by no later by 16h00 on 17 November 2021 for assignment of provisional radio frequency spectrum licence that will be valid from 1 December 2021 until 30 June 2022 or until three months after the termination of the National State of Disaster, whichever comes first. |
| (6) | In order to enable the Authority to provisionally assign Radio Frequency Spectrum in the furtherance of the objectives set out above the Authority may, whenever it considers necessary, deviate from the Radio Frequency Spectrum Assignment Plans published by the Authority. |
| (7) | The following International Mobile Telecommunications (IMT) spectrum bands shall be made available for provisional assignment: 700MHz, 800MHz, 2300MHz, 2600MHz, and 3500MHz and shall be assigned in accordance with the criteria and conditions stipulated in Annexure A. |
| (8) | The Authority may from time to time publish details of further bands that are available for provisional assignment. |
| (9) | 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 December 2021 to 30 June 2022, in relation to the bands specified in sub-regulations (7) and (8) above. |
| (10) | Payment of fees, in terms of sub-regulation (9), must be made to the Authority by no later than 15 December 2021. |
| (11) | Failure to pay the fees in terms of sub-regulation (9) will result in the issued provisional spectrum licence being invalid. |
| (12) | Applications contemplated in terms of sub-regulation (7) shall be submitted to the Authority by no later than 16h00 on 17 November 2021 to the following e-mail address: [email protected] |
| (13) | An application contemplated in terms of sub-regulation (7) and (12) must be accompanied by proof of payment of the non-refundable application fee of R87 500.00. Payment of the application fee must be made by way of an electronic funds transfer or a direct deposit into the following bank account of the Authority: |
BANK: NEDBANK LIMITED
BRANCH: NEDBANK CORPORATE INVESTMENT BANKING
BRANCH CODE: 198765
ACCOUNT NO: 1462002927
SWIFT CODE: NEDSZAJJ
REFERENCE: Name of Applicant
| (14) | The Authority will process applications submitted in terms of sub-regulations (7) and (12) within seven (7) days of receipt of a complete application and thereafter publish a notice of successful applicants including their respective provisional spectrum assignments. |
| (15) | The successful applicants must pay acquisition fees by 30 November 2021, for their respective provisional spectrum assignments in terms of the formula specified in Annexure B of these Regulations for the period 1 December 2021 to 30 April 2022.1 |
| (16) | Two or more licensees may share radio frequency spectrum assigned to alleviate the challenges of network capacity. |
| (17) | 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. |
| (18) | 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 will process such agreements within four (4) days of receipt thereof. |
| (19) | The duration of spectrum sharing agreements approved by the Authority before and after 30 November 2021, shall not exceed the duration of the radio frequency spectrum licence assigned in terms of sub-regulation (7). |
Obligations relating to IMT Radio Frequency Spectrum licensees
| (20) | 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. |
| (21) | A licensee that was assigned with temporary radio frequency spectrum in April 2020 in terms of the 2020 Regulations, 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 has expired. |
| (22) | The Authority will after consultation with the relevant Departments responsible for education and communications, issue a list of schools which the licensees assigned with provisional spectrum issued in terms of these Regulations must maintain network connectivity, pursuant to the completion of the virtual classroom platforms pilot project. |
| (23) | A licensee assigned with provisional spectrum in terms of these Regulations, must maintain network connectivity in line with regulatory requirements for the schools allocated respectively to it by the Authority, free of charge, for a period of twelve (12) months from the date determined by the Authority, which date will be post the date contemplated in sub-regulations (21), notwithstanding that its licence for provisional spectrum assigned to it in terms of sub-regulations (7) has expired. |
| (24) | 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. |
| (25) | All Electronic Communications Service and Electronic Communications Network Service licensees must zero rate all COVID-19 sites upon approval by the Department of Health. |
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1 The calculation of the acquisition fees is based on a discounted period of five (5) months. However, the duration of the temporary spectrum will be for the period of seven (7) months (i.e. 1 December 2021 – 30 June 2022).