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

Regulations

Amendment Standard Terms and Conditions for Class Licences, 2021

Schedule 2 : Class Electronic Communications Network Services

5. Commencement of Operations

 

(1) A Licensee must commence operation of the network services specified in the Licence within twenty-four (24) months from the effective date, unless the Authority grants, on good cause shown, an extended commencement period on written application.

 

(2) A request for an extension of the commencement period, in terms of subregulation (1), must be brought to the Authority twelve (12) months prior to the expiry of the commencement of operations.

 

(3) An extension for the commencement of operations may only be granted once, for a period not exceeding the period granted by the Authority in terms of sub-regulation (1).

 

(4) Where a licensee has not commenced operations, it must provide the Authority with a letter from external auditors confirming that it did not generate any revenue from the licensed service.

 

(5) Where a Licensee is not legally required to have audited financial statements (“AFS”), it must submit a letter from an Independent Accounting Officer and must submit a clearance certificate from South African Revenue Services (“SARS”) as proof that it did not generate any revenue from the licensed service.

 

[Regulation 5 substituted by section 4 of Schedule 2 of Notice No. 131, GG44328, dated 25 March 2021]