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GOVERNMENT GAZETTE, 30 NOVEMBER 2001
TELECOMMUNICATIONS AMEhDMENT ACT, 2001
No. 22889
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Act No. 64.2001
(b) Within six months after the date the second national operator is
granted a public switched telecommunication service licence, or such
longer period as the Minister may determin'e, Telkom may apply to the
Authority for a radio frequency spectrum licence in the 1800 MHz
frequency band to provide public switched telecommunication services,
and such other services as Telkom, from time-to-time, is licensed to
provide.
(c)The Authority shall issue to the second national operator and Telkom
a radio frequency spectrum licence contemplated in paragraph ( a ) or (b),as
.the case may be(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 specify in that licence.
(d) For purposes of paragraph (c)(i), the Ministermay specify by notice
in the Gazette a multiple payment schedule pursuant to which the second
national operator and Telkom, respectively, shall make payment, and the
terms and conditions of such payment.
(3) (a) Holders of a radio frelquency spectrum licence in the 1800 MHz
frequency band shall co-ordinate, in good faith, their respective frequency
usage with other such licensees t o (i) avoid harmful interference among licensees;
(ii) ensure efficient use of the 1800 MHz frequency band; and
(iii) allow for the provision of cost-efficient services.
(b)The Authority may prescribe regulations governing the co-ordination
contemplated in paragraph (a),which may indude a process for the speedy
resolution of disputes among licensees.
(4) In determining the fees (contemplated in subsections (l)(b)(i) and
(2)(c)(i) the Minister shall take into account-(i) MHz pair per population per licence year;
(ii) provision of paired or unpaired spectrum;
(iii) technical and administrative cost of spectrum management, including
projected costs for Authority involvement in frequency co-ordination
contemplated in subsection (3); and
(iv) any other matter that is consistent with section 2.
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Third generation telecommuniication radio frequency spectrum licence
30B. (1) ( a ) Within six months after the date of commencement of this
paragraph or such longer period as the Ministermay determine, the mobile
cellular operators may apply to the Authority for a thirdgeneration
telecommunication radio frequency spectrum licence to provide mobile
cellular telecommunication services and such other services as the mobile
cellular operators, from time-to-.time, are licensed to provide.
(b) The Authority shall issue to each mobile cellular operator a third
generation telecommunication radio frequency spectrum licence contemplated in paragraph (a)(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 specify in that licence.
(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 termsand conditions of such
payment.
(d) Prior to the date a third generation radio frequency spectrum licence
takes effect, the holder of a licence which exi,sts at the commencement of
the Telecommunications Amend.ment Act, 2001, shall, in accordance with
radio regulations governing migration and clearing of radiospectrum
bands, clear the spectrum to be occupied by such mobile cellular operator.
(2) (a) The second national operator and Tekom shall each be deemed to
be a holder of a third generation telecomrnunication radio frequency
spectrum licence to provide public switched telecommunications services,
and such other services as the second national. operator and Telkom, from
time-to-time, are licensed to provide.
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