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

Regulations

Protection of the Karoo Central Astronomy Advantage Areas in terms of the Astronomy Geographic Advantage Act, 2007

Schedule B-Regulations on administrative matters regarding Schedule A for the Karoo central astronomy advantage areas declared for radio astronomy purposes

3. Exemption of Restricted Radio Frequency Spectrum

 

(1) Read with Schedule A of these Regulations, the Minister will give notice in the Gazette, after these Regulations have been published, of a list of the radio frequency spectrum to be considered for exemption from the prohibition on its use for transmissions located within the Karoo central astronomy advantage areas.

 

(2) The notice contemplated in sub-regulation (1)—
(a) may also provide for the clustering of radio frequency spectrum assignments within any spectrum allocation to an application that is already being used in the Karoo central astronomy advantage areas; and
(b) will invite interested or affected parties to submit written representations on the notice within sixty (60) days from the date of the notice.

 

(3) Before gazetting the notice contemplated in sub-regulation (1), the Minister will—
(a) request concurrence from ICASA on the radio frequency spectrum to be considered for exemption and on clustering of spectrum used in the allocated frequency bands; and
(b) in the manner contemplated in section 22(4) of the Act, notify all existing licensees and licence exempt operators who operate radio stations in the Karoo central astronomy advantage areas and who are listed in the permanent register of interested or affected parties for that area, of the notice to be gazetted.

 

(4) The Minister will give consideration to the presentations or objections received and may request additional information from any person who made a written presentation and will, by notice in the Gazette, publish the list of exempted radio frequency spectrum within six (6) months after the date that these Regulations are made operational.

 

(5) One year after the publication of the notice contemplated in sub-regulation 3(4), ICASA may submit to the Minister, a list of additional radio frequency spectrum to be exempted for use within the Karoo central astronomy advantage areas. Upon concurrence between the Minister and ICASA on additional radio frequency spectrum to be exempted, the Minister will publish the additional exemptions by notice in the Gazette.