Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsRadio Frequency Spectrum Amendment Regulations, 2021Part VI - Specific Services38. Possession of Radio Apparatus without Licence |
| (1) | Subject to sections 32(1) and 35 of the Act, no person may possess any radio apparatus except under and in accordance with a radio frequency spectrum licence granted by the Authority, or exempted from a licence by the Authority, or subject to the required type approval of the apparatus. |
| (2) | No person must break a seal or alter radio apparatus sealed or altered by the Authority in terms of section 32(3) (a) of the Act. |
| (3) | Subject to the provisions of section 31(6) of the Act, the Authority may issue, upon application, a permit (maximum period of one month) with regard to the following activities: |
| (a) | Trial, experimental and demonstration system; |
| (b) | National or news events of public or global interest; |
| (c) | Presidential/inter-governmental visits; or |
| (d) | Any other special event or occasion that would require the use of radio frequency spectrum. |
| (4) | An application for a permit must be accompanied by the prescribed application fee and must contain the following: |
| (a) | Full name, address and contact details of the applicant. |
| (b) | If the applicant is a juristic person or an association, a copy of the registration certificate for the company or the Constitution of the association must be supplied. |
| (c) | The storage location of the radio apparatus for which the permit is applied; |
| (d) | The make and model number of the radio apparatus; |
| (e) | The number of units in question; and |
| (f) | Technical parameters of such radio apparatus, including, but not limited to, frequency, power and applicable standard. |
| (5) | Where the radio apparatus is not type-approved for use in South Africa and is intended for export purposes only, the applicant must provide an affidavit stating the following: |
| (a) | The country from where the equipment originates; |
| (b) | The country where the radio apparatus will be exported; |
| (c) | That the radio apparatus and containers therein are sealed; and |
| (d) | That the radio apparatus is not intended for use, sale or distribution in South Africa. |
