[Regulation 11 heading substituted by regulation 3.1 of Notice 154 of 2016, GG 39871, dated 30 March 2016]
(1) |
An application to transfer a Licence must be: |
(a) |
in the format set out in Form G; |
(b) |
accompanied by the applicable fee; and |
(c) |
submitted by the prospective transferor. |
(2) |
Where in the opinion of the Authority, it is necessary as a matter of procedural fairness, the Authority may take any or all of the following steps: |
(a) |
publish a notice in the Gazette of the application to transfer the Licence; |
(b) |
invite interested persons to submit written representations in relation to the application within the period specified in the notice; |
(c) |
allow the applicant an opportunity to submit written responses to representations received in relation to the application within the period specified by the Authority; and |
(d) |
conduct a public hearing in relation to the application. |
(3) |
The Authority will not consider an application if the licensee is in arrears with respect to any fees prescribed by the Authority or legislated in terms of the Act. |
[Regulation 11(3) inserted by regulation 3.3 of Notice 154 of 2016 dated 30 March 2016]
(4) |
A licence transfer or licence transfer of control application will be evaluated on the basis of the following criter: |
(a) |
promotion of competition in the ICT sector; |
(b) |
interests of consumers; and |
(c) |
equity ownership by HDP's. |
[Regulation 11(4) inserted by regulation 3.2 of Notice 154 of 2016 dated 30 March 2016]