| (2) |
Despite sections 5(10) and 19(1), all licenses converted in accordance with this Chapter retain their original term of validity unless otherwise specified by the Authority. |
| (3) |
Within 30 days of the commencement of this Act, the Authority must, by notice in the Gazette, publish a schedule, subject to section 92(4), in terms of which the Authority plans to undertake the existing licence conversion process. The notice must— |
| (a) |
identify the holders of existing licences and the nature of the existing licence and those services that are exempted as provided for in section 6; |
| (b) |
subject to section 92(4), set out a time frame for such conversion, including but not limited to the expected time frame for granting new licences under this Act; |
| (c) |
set out the form and content, including the information that must be provided to the Authority by the holders of existing licences to assist the Authority in the conversion process; |
| (d) |
set out the process the Authority plans to undertake in converting such existing licences; and |
| (e) |
confirm the rights of the applicants to participate in such process. |
| (4) |
The following framework must be used by the Authority for converting existing licences and issuing new licences: |
| (a) |
Where an existing licence authorises the holder of such licence to both provide services and operate electronic communications facilities or networks, the Authority must issue to that licence holder— |
| (i) |
a licence relating to the electronic communications services or broadcasting services, if applicable, that coincide with the services authorised in the existing a separate licence relating to any radio frequency spectrum authorised in the existing licence; and |
consistent with the licence types set out in Chapter 3.
| (b) |
As part of the conversion process, the Authority may grant rights and impose obligations on the licensee, in order to ensure that the existing licenses comply with this Act, including the continuation of any obligations imposed upon existing licensees by virtue of a previous determination. Such obligations remain in force until such time as the Authority completes a review in terms of section 67(8). |
| (5) |
Upon conversion of any existing licence through the process of granting a new licence or exemption of any service in terms of section 6— |
| (a) |
such new licence or exempted service, as applicable, is governed by the provisions of this Act; and |
| (b) |
the existing licence is considered to have been surrendered and has no further force or effect. |
| (6) |
All holders of existing licences must comply with the terms of the notice for converting their licences published by the Authority in terms of subsection (3), including— |
| (a) |
supplying the Authority with any information requested; and |
| (b) |
participating in any process set out by the Authority for converting the applicable licences to meet the deadline for converting existing licences set out in section 92(6). |
| (7) |
The Authority may not grant or include in any licence converted in terms of this Chapter any monopoly or exclusionary rights in any network or service contemplated by this Act or the related legislation. |
| (9) |
No existing licensee may have any claim against the Authority or any other person asserting such monopoly or exclusionary rights. |
| (a) |
individual licences for the provision of electronic communications network services, broadcasting services, or electronic communications services, as applicable; and |
| (b) |
for the use of the radio frequency spectrum granted by the Authority in terms of this Act. |
| (11) |
Despite section 8, existing licences remain subject to all terms and conditions associated with such licences that are not inconsistent with this Act until such licences are converted and re-issued in terms of this Chapter. |
Supreme Court Act, 1959
