Acts Online
GT Shield

Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

Radio Frequency Spectrum Amendment Regulations, 2021

Part IV - Procedures for Radio Frequency Spectrum Licensing and Assignment

16. Procedures for Coordination with Shared Frequencies

 

Self-coordination

 

(1) Licensees must make every attempt in good faith to mutually agree upon frequency coordination among themselves.

 

(2) Licensees must take a non-discriminatory approach towards frequency coordination.

 

(3) Licensees must provide the Authority with the agreed frequency coordination plan, including adjustments to parameters such as site location and antenna height.

 

(4) In case of no mutual agreement, despite best effort and supported documented evidence from one or both parties, a licensee may refer the matter to the Authority for intervention.

 

(5) The Authority may, at its own discretion, refuse to entertain any request for intervention where there is no sufficient documented proof of an attempt for mutual coordination between the licensees.

 

Coordination Intervention by the Authority

 

(4) A party seeking intervention from the Authority for the resolution of the coordination request must submit a coordination intervention request.

 

(5) The coordination intervention request shall be in the format set out in Form E of Annexure A.

 

(6) The Authority will, within thirty (30) days from the date of receipt of the coordination request, conduct an enquiry on the matter. It may, at its own discretion:
(a) request additional information from the concerned parties; or
(b) request joint hearings between all parties.

 

(7) Upon the conclusion of the Preliminary Inquiry, the Authority will then inform the parties in writing of its plans for coordination of the radio frequency spectrum between the concerned parties.

 

(8) The notification from the Authority will include the following particulars:
(a) The names and addresses of the parties;
(b) A statement of the facts supporting the claim;
(c) Issues in dispute;
(d) The decision on the best solution to resolve the coordination issue; and
(e) The supporting written statements by the relevant person, if any.