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Astronomy Geographic Advantage Act, 2007 (Act No. 21 of 2007)

Chapter 3 : Management and Control of Astronomy Advantage Areas

Part 3 : Restrictions

22. Restrictions on use of radio frequency spectrum in astronomy advantage areas

 

(1) Notwithstanding any other legislation or any rights that any person may have been granted in terms of any other legislation, the Minister has the authority subject to subsection (2) within a core or central astronomy advantage area to protect the use of the radio frequency spectrum for astronomy observations.

 

(2) Pursuant to the authority granted in subsection (1) and with the concurrence of ICASA, in so far as the Minister’s action is likely to affect broadcasting service license or broadcasting service, the Minister may, by notice in the Gazette—
(a) prohibit completely or restrict in any way the use of specific frequencies within the radio frequency spectrum or the radio frequency spectrum in general within a core or central astronomy advantage area;
(b) require the conversion, within a reasonable time period, of analogue transmissions in the radio frequency spectrum within a core or central astronomy advantage area, to digital transmissions;
(c) require any user of the radio frequency spectrum which transmits or broadcasts into a core or central astronomy advantage area to migrate onto a radio frequency or utilise alternative technology that more effectively protects radio astronomy observations; or
(d) exempt from the provisions of such notice any person or organ of state who has entered into an agreement with the management authority of the core or central astronomy advantage area to mitigate their impact on the radio frequency spectrum within the relevant astronomy advantage area.

 

(3) Before publishing a notice under subsection (2) the Minister must—
(a) conduct a public participation process in terms of section 42; and
(b) subject to subsection (4), notify all persons listed in the permanent register of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such notice.

 

(4) The notification contemplated in subsection (3)(b) must be in writing and must be—
(a) made prior to commencing the public participation process contemplated in subsection (3)(a);
(b) sent by registered post or such other method as the relevant person may have agreed to; and
(c) sent at the address given by such person or as indicated in the permanent register of interested and affected parties.

 

(5) The Minister may in a notice published under subsection (2) differentiate between—
(a) different areas or categories of areas;
(b) different activities or categories of activities; or
(c) persons or categories of persons.

 

(6) Notwithstanding anything contained in any other law, ICASA must not issue a broadcasting service license or a radio frequency spectrum license after the coming into force of this Act where the service to be licensed would cause radio frequency interference in a core or central astronomy advantage area, unless the conditions set out in the license make provision for the protection of such areas.