No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
67
COMMUNICATIONS ACT, 2009
(9)
The provisions of subsections (2) to (7) apply, with the necessary
changes, in relation to any amendment contemplated in subsection (8).
Spectrum licences, certificates and authorities
may –
101.
(1)
(a)
transmit any signal by radio waves;
(b)
use radio apparatus to receive any signal transmitted by radio waves;
or
(c)
instruct, permit or fail to prohibit any person in his or her employ or
under his or her control to perform any action referred to in paragraph
(a) or (b),
Unless expressly provided otherwise by this Act, no person
except under and in accordance with a licence issued in terms of subsection(2) and if
applicable a certificate or authority issued in terms of subsection (3).
(2)
The Authority may issue a licence conferring on the licensee the right
to use, or to cause any person in his or her employ or under his or her control to use
a transmitter for any prescribed purpose or to use any radio frequency or group of
radio frequencies or radio receiver for any purpose and in the manner prescribed or
determined in the licence concerned.
(3)
The authority may –
(a)
determine in a spectrum licence that the radio apparatus specified in
that licence;
(b)
prescribe the circumstances under which radio apparatus; or
(c)
prescribe the categories of radio apparatus that,
may only be operated or maintained by a person to whom –
(i)
a certificate of proficiency has been issued; or
(ii)
an authority to operate or maintain radio apparatus as specified in that
authority has been issued, in addition to a certificate referred to in
paragraph (i).
(4)
A certificate referred to in subsection (3)(i) may be issued to a person
who has passed the examinations referred to in subsection (10) or to any person who
according to the regulations qualifies for the issuing of such a certificate without having
passed the examination in question.
(5)
The procedures for the application for licences, certificates and
authorities referred to in this section and the information to be supplied for the
consideration of applications must be prescribed.
(6)
A spectrum licence is required as provided in subsection (2) in addition
to any licence to operate a network or to provide telecommunications service or a