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

5. General Submissions

Purchase

5.1

There was a concern regarding the content of Column E (Additional Requirements), which listed some requirements of the standards, and the Authority took a decision to remove Column E (Additional requirements) because all the requirements in column E are contained in the prescribed performance standards as published in Government Gazette No. 42590 (Notice No. 1003.)

5.2	There was a concern regarding Column F (References) whether it is mandatory or not, and the Authority indicates that the Previous Column F, now Column E (References), is mandatory and intended to provide clarity and support the Column A, B, C and D.

5.3

There was a recommendation to fully align with the latest version of REC 70-03, however the Authority aligns with CEPT/ERC/REC 70-03 as practically as possible and uses its autonomy to deviate based on the provisions of regulation 2.3.2 of the National Radio Frequency Plan 2018 in Notice No. 266 (Government Gazette No. 41650).

5.4

The was a submission requiring clarity regarding harmful interference caused by previously deployed exempt devices, and the Authority states that the user of the Radio Apparatus in the licence-exempt frequency spectrum operates on non-interference and zero protection basis from interference as stipulate in the Radio Frequency Spectrum Regulations 2015.

5.5

The was a submission requiring clarity on transitional measures associated with the implementation of the Radio Frequency Spectrum Amendment Regulations “RFSAR” and Authority maintains that this is not a regime change but an update of the existing regulation to reflect the latest technological advancement in the sector, there was no discontinuation of existing licence-exempt bands or applications.

5.6	There was a recommendation to change the heading of Column D to “Relevant Radio Frequency Standards” instead, the Authority updated the heading of column D to “Relevant Performance Standards” as the proposed heading is not inclusive of non-radio performance standards.