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

Regulations

Radio Frequency Spectrum Amendment Regulations, 2021

Part IX - Annexures

Annexure B

Reasons Document for the Annexure B of the Radio Frequency Spectrum Regulations 2015 - December 2021

2. Introduction

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2.1	On 23 July 2019, the Authority published its intention to amend Annexure B of the Radio Frequency Spectrum Regulations, 2015 published in Notice No. 279 (Government Gazette No. 38641) of 30 March 2015 (“the Regulations”).

2.2

The purpose of the amendment to Annexure B of the Regulations is to update the radio apparatus exempt from radio frequency spectrum licence to keep up with the pattern of radio use and rapid global technological advancements as they are continuously evolving to reflect the many changes that are taking place in the radio environment.

2.3	The Authority received forty-two (42) written submissions from stakeholders for consideration.

2.4	The purpose of this Reasons Document is to summarise the submissions by stakeholders in relation to the proposed amendment to the Regulations and provide reasons for the Authority’s decisions.

2.5

The Reasons Document will focus on the Authority’s consideration of the National Radio Frequency Allocation Plan, prescribed standards, CEPT/ERC/REC 70-03, ECC Decisions, ECC Reports, and written submissions made by stakeholders about the respective bands. The Authority considered and aligned Annexure B of the Radio Frequency Spectrum Regulations to reflect the latest technological advancements as adopted by the country.

2.6	The Authority relied on CEPT/ERC/REC 70-03, ECC Decisions, ECC Reports which comprises of expects whose objective is to harmonise the efficient use of the radio spectrum across Europe.

The Republic of South Africa falls under ITU Region 1 and thus aligns its frequency allocations with those specified (i.e., Europe) for ITU Region 1 in the ITU Radio Regulations as required by the Act.

The documents produced by CEPT/ERC/REC 70-03, ECC Decisions and ECC Reports are based on detailed co-existence studies of various applications in the specific frequency bands aimed to reduce spectrum scarcity and improve sharing and access to spectrum to enable the introduction of new technologies, whilst protecting existing ones.

The documents produced by CEPT/ERC/REC 70-03, ECC Decisions, and ECC Reports are relevant to the South African context for harmonization within ITU Region 1.

2.7	Written submissions that do not appear in this reason document are accepted as they are by the Authority and incorporated in the Final Annexure B of the Radio Frequency Spectrum Regulations.