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

Regulations

Radio Frequency Spectrum Amendment Regulations, 2021

Part VI - Specific Services

22. Radio Apparatus

 

Radio Apparatus Dealer Certificate

 

(1) The Authority may, on application, issue to any person a radio apparatus dealer certificate and charge a fee as prescribed by it.

 

(2) A person who deals in radio apparatus, either personally or as agent, must be in possession of a radio apparatus certificate issued by the Authority.

 

(3) All radio apparatus in the possession of a radio apparatus dealer must be disconnected from any power supply and antenna, except in cases where a radio frequency spectrum licence has been issued by the Authority to that dealer for that particular radio apparatus.

 

(4) A radio apparatus dealer can demonstrate the workings of any equipment only when the Authority has issued a radio frequency spectrum licence for that purpose to him or her.

 

(5) No radio apparatus dealer must sell, hire out, donate or in any manner supply or install any radio apparatus to any person, or effect any repairs to any radio apparatus for any person, unless that person is entitled to have that equipment in their possession.

 

(6) A radio apparatus dealer must, in respect of all types of electronic communication facilities and radio apparatus other than a sound receiver or television set that he has sold, hired out, donated or supplied in any other manner, or has repaired or installed for any person, keep a register in which the following are recorded:

 

(a) Name and address of the person to whom such equipment was sold, hired out, donated, supplied or for whom the repairs or installation were done;
(b) Date of the transaction by virtue of which such equipment was sold, hired out, donated, supplied or the date on which the repairs or installation were carried out and the nature of such repairs;
(c) A description of the type and nature of the equipment involved and, in the case of radio apparatus, the serial number as well as the frequency on which it operates, for example, XYZ two-way radio 1358706 on the frequency 83.5000 MHz;
(d) The number or, where applicable, the call sign and the expiry date of the licence issued to the person to whom such radio apparatus was sold, hired out, donated, supplied or for whom the repairs or installation were carried out; or
(e) The call sign or number and expiry date of the licence, radio apparatus dealer registration certificate or particulars of permit by virtue of which the person to whom the equipment was supplied or for whom the repairs or installation were carried out was exempted from an obligation to be a holder of an appropriate licence for the possession of such apparatus.

 

(7) A register in terms of sub regulation (6) must be retained by the radio apparatus dealer for a period of at least three (3) years after the date of the transaction by virtue of which the required records were made.

 

(8) Electronic communication facilities and radio apparatus, other than a sound radio or television set, must not be handed over or returned by the radio apparatus dealer to a person or any other radio apparatus dealer unless the radio apparatus dealer is satisfied that such apparatus is tuned to only that frequency or those frequencies which the licensee may use in terms of the conditions of his licence or which the Authority has otherwise prescribed.

 

(9) A radio apparatus dealer must dispose of all obsolete equipment or e-waste in an environmentally responsible manner, and keep a register for a period of at least three (3) years of all equipment disposed of and the means used to dispose of the equipment.

 

(10) A radio apparatus dealer must inform the Authority if any of the details in its original application change, within fourteen (14) days of such change occurring.

 

Procedure in Respect of Applying for a Radio Apparatus Dealer Certificate

 

(11) The relevant application form, obtainable at any office of the Authority, must be completed and submitted with proof of payment of the prescribed application fee.

 

(12) In the event that the applicant is a natural person, a copy of the applicant's identity document must also be submitted with the application form.

 

(13) In the event that the applicant is a juristic person or an association, a copy of the applicant's company or closed corporation registration certificate or constitution of the association must also be submitted with the application form.

 

(14) Radio apparatus dealer certificates are only issued to South African citizens and residents or South African registered companies, closed corporations and associations.

 

(15) The issuing of a radio apparatus dealer certificate does not grant sole rights with regard to the supply of any particular type of electronic communication equipment.