48
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(c) furnish the electronic communications network service licensee with—
(i) a plan of the proposed railway or works;
(ii) particulars showing the manner and position in which the railway or
works are intended to be constructed, executed and carried on; and
(iii) such further information related to the proposed railway or works as the 5
electronic communications network service licensee may require.
(2) If—
(a) it appears to the electronic communications network service licensee that the
construction, equipment or operation of any such railway or works is likely to
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damage any of its electronic communications facilities or works; or
(b) any such electronic communications facilities or works are damaged by the
construction, equipment or operation of any such railway or works,
the electronic communications network service licensee must give reasonable notice of
its requirements to the person concerned.
(3) Any person who, after receiving the notice referred to in subsection (2), proceeds 15
with or causes to be proceeded with any such construction, equipment or operation in
contravention of the said requirements, may be liable to the electronic communications
network service licensee for damages sustained by the electronic communications
network service licensee as a result of a contravention of subsection (1).
CHAPTER 5
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RADIO FREQUENCY SPECTRUM
Control of radio frequency spectrum
30. (1) In carrying out its functions under this Act and the related legislation, the
Authority controls, plans, administers and manages the use and licensing of the radio
frequency spectrum except as provided for in section 34.
(2) In controlling, planning, administering, managing and licensing the use of the
radio frequency spectrum, the Authority must—
(a) comply with the applicable standards and requirements of the ITU and its
Radio Regulations, as agreed to or adopted by the Republic;
(b) take into account modes of transmission and efficient utilisation of the radio
frequency spectrum, including allowing shared use of radio frequency
spectrum when interference can be eliminated or reduced to acceptable levels
as determined by the Authority;
(c) give high priority to applications for radio frequency spectrum where the
applicant proposes to utilise digital electronic communications facilities for
the provision of broadcasting services, electronic communications services,
electronic communications network services, and other services licensed in
terms of this Act or provided in terms of a licence exemption;
(d) plan for the conversion of analogue uses of the radio frequency spectrum to
digital, including the migration to digital broadcasting in the Authority’s
preparation and modification of the radio frequency spectrum plan; and
(e) give due regard to the radio frequency spectrum allocated to security services.
(3) The Authority must, in performing its functions in terms of subsection (1), ensure
that in the use of the radio frequency spectrum harmful interference to authorised or
licensed users of the radio frequency spectrum is eliminated or reduced to the extent
reasonably possible.
(4) The Authority must investigate and resolve all instances of harmful interference to
licensed services that are reported to it.
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30
35
40
45
Radio frequency spectrum licence
31. (1) Subject to subsections (5) and (6), no person may transmit any signal by radio 50
or use radio apparatus to receive any signal by radio except under and in accordance