| (1) |
The Authority will at all times publish an ITA where a radio frequency spectrum licence will be awarded/granted on a competitive basis and where it determines that there is insufficient spectrum available to accommodate demand in terms of section 31(3)(a) of the Act. |
| (2) |
An ITA, in terms of sub regulation (1), will set out the following: |
| (a) |
The subject of the ITA; |
| (b) |
The place for the submission of the application; |
| (d) |
Any qualification criteria that are applicable; |
| (e) |
The terms and conditions relating to the application; |
| (f) |
The proposed licence terms and conditions; |
| (g) |
The procedures for submission of the application; |
| (h) |
he deadline for the submission of the application; |
| (i) |
Conditions and procedures for the amendment of an application; |
| (j) |
Conditions and procedures for the submission of supplementary information; |
| (k) |
Conditions for the disqualification of an applicant from the application process; |
| (l) |
The selection process; |
| (m) |
The evaluation criteria; |
| (n) |
he licensing method the Authority will use, including any of the following: |
| (ii) |
Beauty contest rules; or |
| (iii) |
Any other licensing mechanism deemed appropriate by the Authority. |
| (o) |
Any other information or requirements as the Authority may deem necessary. |
| (3) |
An applicant shall be disqualified from the application process where such applicant: |
| (a) |
has submitted an application and is an affiliate of another applicant, or has an ownership or financial interest in another applicant within the same application process; |
| (b) |
has been granted a radio frequency spectrum licence by the Authority within the designated range unless the licensee has less than the maximum bandwidth made available in line with these regulations in which case they will only be allowed to apply for additional spectrum which results in total assignment not exceeding the maximum bandwidth made available; |
| (c) |
has submitted more than 1 (one) application to the Authority for the grant of a radio spectrum licence within the designated range; |
| (d) |
has less than 30% (thirty percent) equity ownership by Historically-Disadvantaged Persons (HDP) or is below a level 4 contributor (B-BBEE status) in terms of the Codes of Good Practice published in terms of section 9(1) of the B-BBEE Act; |
[Regulation 7(3)(d) substituted by regulation 2 of Notice 585 of 2019, GG 42408, dated 30 October 2019]
| (e) |
has submitted an application which contains false or misleading information; |
| (f) |
is colluding or has attempted to collude with another applicant with the intention to distort or manipulate information; |
| (g) |
has obtained or acquired confidential information relating to another applicant; |
| (h |
has failed to notify the authority of the changes referred to in the application forms; |
| (i) |
has failed to comply with the terms and conditions of the application as set out in the ITA; or |
| (j) |
has failed to comply with a request in terms of these regulations. |
Supreme Court Act, 1959
