66
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
Frequency band plans
100.
(1)
The Authority may from time to time prescribe a frequency
band plan in respect of any part of the radio frequency spectrum.
(2)
A frequency band plan must –
(a)
define how the radio spectrum must be used;
(b)
aim at ensuring that the radio frequency spectrum is utilised and
managed in an orderly, efficient and effective manner;
(c)
aim at reducing congestion in the use of frequencies and at protecting
frequency users from any interference or other inability to make use of
the frequencies assigned to them;
(d)
avoid obstacles to the introduction of new technologies and
telecommunication services;
(e)
aim at providing opportunities for the introduction of the widest range
of telecommunication services and the maximum number of users
thereof as is practically feasible.
(3)
Authority –
In preparing a frequency band plan in terms of this section, the
(a)
must have due regard to the reports of experts in the field of spectrum
or frequency band planning and to internationally accepted methods for
preparing such plans;
(b)
must take into account existing uses of the radio frequency spectrum
and any frequency band plans of other countries whether they are
already in effect or whether they are in the course of preparation.
(4)
The Authority must give notice in the Gazette of its intention to prepare
a plan 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.
(5)
The Authority must, after the period referred to in subsection (4) has
passed, hold a hearing in respect of the proposed plan.
(6)
After the hearing and after due consideration of any representations
received pursuant to the notice mentioned in subsection (4) or tendered at the hearing,
the Authority must adopt the frequency band plan in question, with or without
amendment, and cause such plan to be published in the Gazette .
(7)
Any frequency band plan adopted in terms of this section and all such
comments, representations and other documents as have been received in response to
the notice contemplated in subsection (4) or tendered at the hearing, must be kept at the
offices of the Authority and made available to the public as provided in section 27.
(8)
this section.
The Authority may review a frequency band plan adopted in terms of