| (1) |
No licensee must transfer a radio frequency spectrum licence without the prior written approval of the Authority. |
| (2) |
An application to transfer a licence must be: |
| (a) |
in the format as set out in Form B of Annexure A; |
| (b) |
accompanied by the prescribed fee; and |
| (c) |
submitted by the prospective transferor. |
| (3) |
The transferee, for the transfer of a radio frequency spectrum licence that was or would have been subject to an extended application procedure in terms of Annexure E, must provide information as set out Annexure E. |
| (4) |
The Authority shall take the following steps with regard to an application for transfer of a radio frequency spectrum licence that was or would have been subject to an extended application procedure: |
| (a) |
Publish a notice in the Gazette of the application to transfer the licence; |
| (b) |
Request any relevant information regarding the transaction to enable the consideration of the application; |
| (c) |
Invite interested persons to submit written representations in relation to the application within the period specified in the notice; |
| (d) |
Allow the applicant an opportunity to submit written responses to representations received in relation to the application within the period specified by the Authority; and |
| (e) |
May conduct a public hearing in relation to the application. |
| (5) |
Where a radio frequency spectrum licence has been granted for a frequency as envisaged in section 31(3) (a) of the Act, any amount paid by the transferee to the transferor must not exceed the value of the bid or auction price paid by the original licence holder adjusted on a pro-rata basis for the remaining duration of the licence. |
| (6) |
A radio frequency spectrum licence transfer application, in relation to licenses to which the extended application procedure applies, will be evaluated on the basis of the following criteria: |
| (a) |
Promotion of competition and interests of consumers; |
| (b) |
Equity ownership by HDPs; or |
| (c) |
any other applicable criteria as provided for in the Act at the time of the award of the licence. |
[Regulation 12(6) substituted by regulation 4 of Notice 781 of 2016, GG 40436, dated 22 November 2016]
| (7) |
A radio frequency spectrum licence transfer application, in relation to licenses to which the standard application procedure applies, will be evaluated on the basis of the same criteria used in the standard application procedure. |
[Regulation 12(7) substituted by regulation 5 of Notice 781 of 2016, GG 40436, dated 22 November 2016]
| (8) |
When applying for a radio frequency spectrum licence transfer, both the transferor and transferee must ensure that the following conditions are met: |
| (a) |
Except where the radio frequency spectrum licence was issued according to the Standard Procedure found in Annexure D, the radio frequency spectrum licence must have been held for at least one year before an application for a transfer can be made; |
| (b) |
The transferee is capable of complying with the terms and conditions contained in the radio frequency spectrum licence; |
| (c) |
A duly completed application form is submitted by the transferor, with proof of payment of the prescribed application fee, at any office of the Authority; |
| (d) |
In the case of liquidation or insolvency of the transferor, the liquidator/curator must give written consent in respect of the transfer; |
| (e) |
In the case of a deceased estate, the executor of the deceased estate must give written consent in respect of the transfer; and |
| (f) |
The transferee, for the transfer of the radio frequency spectrum licence that was subject to an extended application procedure, must have a score not less than that of the transferor. |
| (9) |
The Authority will not approve the transfer of a radio frequency spectrum licence: |
| (a) |
whereby a licensee has been found, by the Complaints and Compliance Committee ("the CCC"), to have contravened the provisions of the Act, the ICASA Act, the Regulations, the Terms and Conditions of a radio frequency spectrum licence or a licence granted in terms of Chapter 3 of the Act, and has failed to comply with an order by the Authority in terms of section 17E(4) of the ICASA Act; |
| (b) |
if such transfer will not promote competition; or |
| (c) |
if such transfer will result in the reduction of equity ownership held by HDP to be less than 30%. |
[Regulation 12(9)(c) substituted by regulation 6 of Notice 781 of 2016, GG 40436, dated 22 November 2016]
Supreme Court Act, 1959
