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(3) The policy and policy directions contemplated in subsection (1) must
be made within twelve (12) months of the coming into operation of the
Electronic Communications Amendment Act, 2014.’’.
Amendment of section 30 of Act 36 of 2005
14. Section 30 of the principal Act is hereby amended by—
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(a) the substitution in subsection (2) for the words preceding paragraph (a) of the
following words:
‘‘In controlling, planning, administering, managing [and], licensing and
assigning the use of the radio frequency spectrum, the Authority
must—’’; and
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(b) by the substitution in subsection (2) for paragraph (a) of the following
paragraph:
‘‘(a) comply with the applicable standards and requirements of the ITU
and its Radio Regulations, as agreed to or adopted by the Republic,
as well as with the national radio frequency plan contemplated in 15
section 34;’’.
Amendment of section 31 of Act 36 of 2005
15. Section 31 of the principal Act is hereby amended—
(a) by the substitution for subsection (2) of the following subsection:
‘‘(2) (a) A radio frequency spectrum licence is required in addition to
any service licence contemplated in Chapter 3, where the provision of
such service entails the use of radio frequency spectrum.
(b) A service licence is required in addition to any radio frequency
spectrum licence where the provision of such service entails the use of
radio frequency spectrum.’’;
(b) by the insertion after subsection (2) of the following subsection:
‘‘(2A) A radio frequency spectrum licence may not be assigned, ceded
or in any way transferred, and the control of a radio frequency spectrum
licence may not be assigned, ceded or in any way transferred, to any
other person without the prior written permission of the Authority.’’;
(c) by the substitution for subsection (3) of the following subsection:
‘‘(3) The Authority may, taking into account the objects of the Act,
prescribe procedures and criteria for—
(a) [awarding] radio frequency spectrum licences [for competing
applications or] in instances where there is insufficient spectrum
available to accommodate demand;
(b) the amendment, transfer, transfer of control, renewal, suspension,
cancellation and withdrawal of radio frequency spectrum licences;
and
(c) permission to assign, cede, share or in any way transfer a radio
frequency spectrum licence, or assign, cede or transfer control of a
radio frequency spectrum licence as contemplated in subsection
(2A).’’;
(d) by the insertion after subsection (4) of the following subsection:
‘‘(4A) The Authority must notify the licensee within 60 days of its
decision with regard to an application for an amendment of a spectrum
licence.’’; and
(e) by the substitution for subsections (8), (9) and (10) of the following
subsections, respectively:
‘‘(8) Subject to subsection (9), the Authority may withdraw any radio
frequency spectrum licence or assigned radio frequency spectrum when
the licensee fails to utilise the assigned radio frequency spectrum in
accordance with the licence conditions applicable to such licence.
(9) Before the Authority withdraws a radio frequency spectrum
licence or assigned radio frequency spectrum in terms of subsection (8),
it must give the licensee prior written notice of at least 30 days and the
licensee must have 7 (seven) business days in which to respond in
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