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Electronic Communications Act, 2005 (Act No. 36 of 2005)

Chapter 5 : Radio Frequency Spectrum

30. Control of radio frequency spectrum

 

(1) In carrying out its functions under this Act and the related legislation, the Authority controls, plans, administers and manages the use and licensing of the radio frequency spectrum except as provided for in section 34.

 

(2) In controlling, planning, administering, managing, licensing and assigning the use of the radio frequency spectrum, the Authority must—
(a) comply with the applicable standards and requirements of the ITU and its Radio Regulations, as agreed to or adopted by the Republic, as well as with the national radio frequency plan contemplated in section 34;
(b) take into account modes of transmission and efficient utilisation of the radio frequency spectrum, including allowing shared use of radio frequency spectrum when interference can be eliminated or reduced to acceptable levels as determined by the Authority;
(c) give high priority to applications for radio frequency spectrum where the applicant proposes to utilise digital electronic communications facilities for the provision of broadcasting services, electronic communications services, electronic communications network services, and other services licensed in terms of this Act or provided in terms of a licence exemption;
(d) plan for the conversion of analogue uses of the radio frequency spectrum to digital, including the migration to digital broadcasting in the Authority’s preparation and modification of the radio frequency spectrum plan; and
(e) give due regard to the radio frequency spectrum allocated to security services.

[Section 30(2) substituted by section 14 of the Electronic Communications Act, 2014 (Act No. 1 of 2014)]

 

(3) The Authority must, in performing its functions in terms of subsection (1), ensure that in the use of the radio frequency spectrum harmful interference to authorised or licensed users of the radio frequency spectrum is eliminated or reduced to the extent reasonably possible.

 

(4) The Authority must investigate and resolve all instances of harmful interference to licensed services that are reported to it.