The Authority shall initiate a process of radio frequency migration in the following circumstances:
| (a) |
As specified in the Frequency Migration Plan; |
| (b) |
Where a change in the use of a radio frequency band is required to bring the South African National Radio Frequency Plan in line with the final acts of the latest WRC and in turn, the latest ITU Radio-Regulations Edition; |
| (c) |
Where a change in the use of a radio frequency band is required to ensure harmonisation of the latest published South African National Radio Frequency Plan with the latest approved SADC FAP; |
| (d) |
Where the Authority has determined that a change in use of the frequency is necessary for efficient utilisation of the radio frequency spectrum and to otherwise meet the objectives of the Act; |
| (e) |
Where the Authority has determined that a change in a radio frequency spectrum licence holder’s assignment within a radio frequency band is required to enable more efficient use of the radio frequency spectrum (inband migration); and |
| (f) |
Where a South Africa specific requirement must be accommodated such as that arising from protecting radio frequency spectrum for radio astronomy purposes in core and central astronomy advantage areas in terms of the Astronomy Geographical Advantage Act (Act No. 21 of 2007). However the Authority should guard against non-standard frequency spectrum usage and application practices. |
Supreme Court Act, 1959
