112
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(2) Despite sections 5(10) and 19(1), all licenses converted in accordance with this
Chapter retain their original term of validity unless otherwise specified by the Authority.
(3) Within 30 days of the commencement of this Act, the Authority must, by notice in
the Gazette, publish a schedule, subject to section 92(4), in terms of which the Authority
plans to undertake the existing licence conversion process. The notice must—
(a) identify the holders of existing licences and the nature of the existing licence
and those services that are exempted as provided for in section 6;
(b) subject to section 92(4), set out a time frame for such conversion, including
but not limited to the expected time frame for granting new licences under this
Act;
(c) set out the form and content, including the information that must be provided
to the Authority by the holders of existing licences to assist the Authority in
the conversion process;
(d) set out the process the Authority plans to undertake in converting such
existing licences; and
(e) confirm the rights of the applicants to participate in such process.
(4) The following framework must be used by the Authority for converting existing
licences and issuing new licences:
(a) Where an existing licence authorises the holder of such licence to both
provide services and operate electronic communications facilities or networks, the Authority must issue to that licence holder—
(i) a licence relating to the electronic communications services or broadcasting services, if applicable, that coincide with the services authorised
in the existing licence;
(ii) a separate licence relating to any radio frequency spectrum authorised in
the existing licence; and
(iii) a separate licence relating to the electronic communications network
services,
consistent with the licence types set out in Chapter 3.
(b) As part of the conversion process, the Authority may grant rights and impose
obligations on the licensee, in order to ensure that the existing licenses comply
with this Act, including the continuation of any obligations imposed upon
existing licensees by virtue of a previous determination. Such obligations
remain in force until such time as the Authority completes a review in terms
of section 67(8).
(5) Upon conversion of any existing licence through the process of granting a new
licence or exemption of any service in terms of section 6—
(a) such new licence or exempted service, as applicable, is governed by the
provisions of this Act; and
(b) the existing licence is considered to have been surrendered and has no further
force or effect.
(6) All holders of existing licences must comply with the terms of the notice for
converting their licences published by the Authority in terms of subsection (3),
including—
(a) supplying the Authority with any information requested; and
(b) participating in any process set out by the Authority for converting the
applicable licences to meet the deadline for converting existing licences set
out in section 92(6).
(7) The Authority may not grant or include in any licence converted in terms of this
Chapter any monopoly or exclusionary rights in any network or service contemplated by
this Act or the related legislation.
(8) Any monopoly or exclusive rights existing by virtue of the related legislation, the
IBA Act, the Sentech Act or theTelecommunications Act is null and void, but radio
frequency spectrum that is assigned by the Authority to a licence holder is not
considered a monopoly or exclusionary rights under this subsection.
(9) No existing licensee may have any claim against the Authority or any other person
asserting such monopoly or exclusionary rights.
(10) During the transition period, existing licences are considered to be—
(a) individual licences for the provision of electronic communications network
services, broadcasting services, or electronic communications services, as
applicable; and
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