Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)ICASARadiocommunication Frequency Migration Plan 2019AppendicesAppendix B : ECA - Section 34 |
Radio frequency plan
34.
| (1) | The Minister, in the exercise of his or her functions, represents the Republic in international fora, including the ITU, in respect of— |
| (a) | the international allotment of radio frequency spectrum; and |
| (b) | the international coordination of radio frequency spectrum usage, in accordance with international treaties, multinational and bilateral agreements entered into by the Republic. |
| (2) | The Minister must approve the national radio frequency plan developed by the Authority, which must set out the specific frequency bands designated for use by particular types of services, taking into account the radio frequency spectrum bands allocated to the security services. |
| (3) | The Authority must assign radio frequencies consistent with the national radio frequency plan for the use of radio frequency spectrum by licence holders and other services that may be provided pursuant to a licence exemption. |
| (4) | The Authority must, within 12 months of the coming into force of this Act, prepare the national radio frequency plan or make appropriate modification to any existing radio frequency plan to bring it into conformity with this Act. |
| (5) | The national radio frequency plan must be updated and amended when necessary in order to keep the plan current. When updating and amending this plan due regard must be given to the current and future usage of the radio frequency spectrum. |
| (6) | The national radio frequency plan must— |
| (a) | designate the radio frequency bands to be used for particular types of services; |
| (b) | ensure that the radio frequency spectrum is utilised and managed in an orderly, efficient and effective manner; |
| (c) | aim at reducing congestion in the use of the radio frequency spectrum; |
| (d) | aim at protecting radio frequency spectrum licensees from harmful interference; |
| (e) | provide for flexibility and the rapid and efficient introduction of new technologies; |
| (f) | aim at providing opportunities for the introduction of the widest range of services and the maximum number of users thereof as is practically feasible. |
| (7) | In preparing the national radio frequency plan as contemplated in subsection (4), the Authority must— |
| (a) | take into account the ITU’s international spectrum allotments for radio frequency spectrum use, in so far as ITU allocations have been adopted or agreed upon by the Republic, and give due regard to the reports of experts in the field of spectrum or radio frequency planning and to internationally accepted methods for preparing such plans; |
| (b) | take into account existing uses of the radio frequency spectrum and any radio frequency band plans in existence or in the course of preparation; and |
| (c) | consult with the Minister to— |
| (i) | incorporate the radio frequency spectrum allocated by the Minister for the exclusive use of the security services into the national radio frequency plan; |
| (ii) | take account of the government’s current and planned uses of the radio frequency spectrum, including but not limited to, civil aviation, aeronautical services and scientific research; and |
| (iii) | co-ordinate a plan for migration of existing users, as applicable, to make available radio frequency spectrum to satisfy the requirements of subsection (2) and the objects of this Act and of the related legislation. |
| (8) | The Authority must give notice of its intention to prepare a national radio frequency plan in the Gazette and in such notice invite interested parties to submit their written representations to the Authority within such period as may be specified in such notice. |
| (9) | The Authority may, after the period referred to in subsection (8) has passed, hold a hearing in respect of the proposed national radio frequency plan. |
| (10) | After the hearing, if any, and after due consideration of any written representations received in response to the notice mentioned in subsection (8) or tendered at the hearing, the Authority must forward the national radio frequency plan to the Minister for approval. |
| (11) | The Minister must, within 30 days of receipt of the national radio frequency plan, either approve the plan, at which time the plan must become effective, or notify the Authority that further consultation is required. |
| (12) | Upon approval of the national radio frequency plan by the Minister, the Authority must publish the plan in the Gazette. |
| (13) | Any radio frequency plan approved in terms of this section and all the comments, representations and other documents received in response to the notice contemplated in subsection (8) or tendered at the hearing must be— |
| (a) | kept at the offices of the Authority; and |
| (b) | open for public inspection by interested persons during the normal office hours of the Authority. |
| (14) | The Authority must, at the request of any person and on payment of such fee as may be prescribed, furnish him or her with a copy of the radio frequency plan. |
| (15) | The provisions of subsections (6) to (14) apply, with the necessary changes, in relation to any amendment made by the Authority to the radio frequency plan. |
| (16) | The Authority may, where the national radio frequency plan identifies radio frequency spectrum that is occupied and requires the migration of the users of such radio frequency spectrum to other radio frequency bands, migrate the users to such other radio frequency bands in accordance with the national radio frequency plan, except where such migration involves governmental entities or organisations, in which case the Authority— |
| (a) | must refer the matter to the Minister; and |
| (b) | may migrate the users after consultation with the Minister. |
