| (2) |
The Authority must give notice of the application in the Gazette and— |
| (a) |
invite interested persons to apply and submit written representations in relation to the application within the period mentioned in the notice; |
| (b) |
include the percentage of equity ownership to be held by persons from historically disadvantaged groups, which must not be less than 30%, or such other conditions or higher percentage as may be prescribed under section 4(3)(k) of the ICASA Act; |
[Section 9(2)(b) substituted by section 7(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (c) |
set out the proposed licence conditions that will apply to the licence; and |
| (d) |
give interested persons an opportunity to submit written responses to any representations submitted in terms of paragraph (a); |
| (e) |
may conduct a public hearing in relation to any application for an individual licence; |
| (3) |
The Authority may require an applicant or an interested party who has submitted written representations in terms of subsection (2)(a) to furnish the Authority, within the period specified by the Authority, with such further information as may be reasonably necessary in order to consider the application. |
| (a) |
Applications, representations, responses and other documents relating to an application which are submitted to the Authority are, subject to this subsection, open to public inspection during the normal office hours of the Authority. |
| (b) |
The Authority must, at the request of any person and on payment of such fee as may be prescribed, furnish him or her with copies of documents requested by such person. |
| (i) |
The Authority may, at the request of an applicant or person who has submitted representations or responses, decide that— |
| (aa) |
any document or information that is commercially sensitive; or |
| (bb) |
any other matter reasonably justifying confidentiality, is not open to public inspection, if such document or information can be separated from the application, representations or other documents in question. |
| (ii) |
for the purposes of this subsection, commercially sensitive document, information or other matter reasonably justifying confidentiality, excludes documents or information that should, as a matter of law be generally available to the public. |
| (d) |
If the Authority refuses a request referred to in paragraph (c)(i), the applicant or person concerned may withdraw the document or information in question. |
| (5) |
The Authority must, after considering— |
| (a) |
any application for an individual licence made in terms of this Act; and |
| (b) |
any written representations made in terms of subsection (2) in relation to the application, |
notify the applicant of its decision, the reasons for that decision and any licence conditions applicable and publish such information in the Gazette.
| (6) |
Whenever the Authority grants an individual licence, the Authority— |
| (a) |
must do so on standard terms and conditions applicable to the type of licence, as prescribed in terms of section 8; and |
| (b) |
may impose such additional terms and conditions as may be prescribed in terms of section 8(3) and make a designation contemplated in section 8(4). |
[Section 9(6)(b) substituted by section 7(b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]
| (7) |
Despite subsection (6), the Authority may impose on the applicant any other specific terms and conditions resulting from undertakings made by the applicant. |
Supreme Court Act, 1959
