Amendment of section 2 of Act 103 of 1996
“ ( r )promote and facilitate convergence of telecommunication, broadcasting and
(s)
information technology;
develop the Information, Communication and Technology (ICT) strategv for
the Republic, in orderto bridge the digital divide.”.
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Amendment of section 3 of Act 103 of 1996
3. The following section is hereby substituted for section 3 of the principal Act:
“3. This Act shall not apply in relation to broadcasting, broadcasting signal 10
distribution or broadcasting services frequency bands, except as provided in
sections [28(3)] 2(r) and 127 to 129 and in relation to multimedia services (if
applicable).”.
Amendment of section 29 in Act 103of 1996
4. Section 29 of the principal Act is hereby amended by the substitution for 15
subsections ( 5 ) and (6) of the following mbsections, re,spectively:
“ ( 5 ) The Authority [shall] may, after the period referred to in subsection (4) has
passed, hold a hearing in respect of .the proposed plan.
(6) After the hearing, if any, and afterdue consideration of any written
representations received pursuant to the notice mentioned in subsection (4) or 20
tendered at the hearing, the Authority shall adopt the frequency band plan in
question, with or without amendment, and cause such plan to be published in the
Gazette. .
”
Insertion of sections 30A and 30B in Act 103 of 1996
5. The following sections are hereby inserted in the principal Act after section 30:
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“Radio frequency spectrum access in 1800 MHz frequency band
30A. (1) ( a ) Within six months after the date of commencement of this
paragraph or such longerperiod as the Ministermay determine, the mobile
cellular operators may apply to the Authority for access to the radio
frequency spectrum in the 1800 MHz frequency band to provide mobile
cellular telecommunication services and such other services as the mobile
cellular operators are, from time-to-time, licensed to provide.
( b ) Within 30 days of receipt of the application contemplated in
paragraph (a) the Authority shall assign to each mobile cellular operator a
radio frequency spectrum(i) against the payment of such fees, to be payable over a period, as the
Minister shall determine by notice in the Gazette; and
(ii) subject to such conditions as the Authority may prescribe.
( c )For purposes of paragraph (b)(i), the Minister may specify by notice
in the Gazette a multiple payment schedule pursuant to which the mobile
cellular operators shall make payment, and the terms and conditions of such
payment.
(d) Prior to the date a radio frequency spectrum is assigned to a mobile
cellular operator as contemplated in paragraph (b), the holder of a licence
which exists at the commencelment ofthe Telecommunications Amendment
Act, 2001, shall, in accordance with radio regulations governing migration
and clearing of radio spectrum bands, clear the spectrum to be occupied by
such mobile cellular operator.
(2) ( a )The second national operator and Telkom shall each be deemed to
be a holder of a radio frequency spectrum licence in the 1800 MHz
frequency band to provide public switched telecommunication services.
and such other services as the second national operator, from time-to-time.
is licensed to provide.
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