54
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(f)
aim at providing opportunities for the introduction of the widest range of
services and the maximum number of users thereof as is practically feasible.
(7) In preparing the national radio frequency plan as contemplated in subsection (4),
the Authority must—
(a) take into account the ITU’s international spectrum allotments for radio
frequency spectrum use, in so far as ITU allocations have been adopted or
agreed upon by the Republic, and give due regard to the reports of experts in
the field of spectrum or radio frequency planning and to internationally
accepted methods for preparing such plans;
(b) take into account existing uses of the radio frequency spectrum and any radio
frequency band plans in existence or in the course of preparation; and
(c) consult with the Minister to—
(i) incorporate the radio frequency spectrum allocated by the Minister for
the exclusive use of the security services into the national radio
frequency plan;
(ii) take account of the government’s current and planned uses of the radio
frequency spectrum, including but not limited to, civil aviation,
aeronautical services and scientific research; and
(iii) co-ordinate a plan for migration of existing users, as applicable, to make
available radio frequency spectrum to satisfy the requirements of
subsection (2) and the objects of this Act and of the related legislation.
(8) The Authority must give notice of its intention to prepare a national radio
frequency plan in the Gazette and in such notice invite interested parties to submit their
written representations to the Authority within such period as may be specified in such
notice.
(9) The Authority may, after the period referred to in subsection (8) has passed, hold
a hearing in respect of the proposed national radio frequency plan.
(10) After the hearing, if any, and after due consideration of any written
representations received in response to the notice mentioned in subsection (8) or
tendered at the hearing, the Authority must forward the national radio frequency plan to
the Minister for approval.
(11) The Minister must, within 30 days of receipt of the national radio frequency plan,
either approve the plan, at which time the plan must become effective, or notify the
Authority that further consultation is required.
(12) Upon approval of the national radio frequency plan by the Minister, the Authority
must publish the plan in the Gazette.
(13) Any radio frequency plan approved in terms of this section and all the comments,
representations and other documents received in response to the notice contemplated in
subsection (8) or tendered at the hearing must be—
(a) kept at the offices of the Authority; and
(b) open for public inspection by interested persons during the normal office
hours of the Authority.
(14) The Authority must, at the request of any person and on payment of such fee as
may be prescribed, furnish him or her with a copy of the radio frequency plan.
(15) The provisions of subsections (6) to (14) apply, with the necessary changes, in
relation to any amendment made by the Authority to the radio frequency plan.
(16) The Authority may, where the national radio frequency plan identifies radio
frequency spectrum that is occupied and requires the migration of the users of such radio
frequency spectrum to other radio frequency bands, migrate the users to such other radio
frequency bands in accordance with the national radio frequency plan, except where
such migration involves governmental entities or organisations, in which case the
Authority—
(a) must refer the matter to the Minister; and
(b) may migrate the users after consultation with the Minister.
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