Postal Services Act, 1998
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsExtension of the Due Date for the Renewal of Radio Frequency Spectrum Licences Regulations, 2025Reasons Document : April 20253. Legislative Framework |
| 3.1 | In publishing the Regulations, the Authority was guided by the provisions of the ICASA Act and the ECA. |
The ICASA Act
| 3.2 | The Authority is empowered to make regulations on any matter consistent with the objects of the ICASA Act and the underlying statutes or that are incidental or necessary for the performance of the function of the Authority.1 |
The ECA
| 3.3 | Section 31(3) of the ECA also states that the Authority may prescribe procedures and criteria for, inter alia, the renewal of radio frequency spectrum licences. In terms of section 1 of the ECA, “prescribed” (and by extension to “prescribe”) is defined as “means prescribed by regulation made by the Authority in terms of this Act or the related legislation”. |
| 3.4 | Section 4(3)(j) of the ICASA Act provides that the Authority make regulations on any matter consistent with the objects of the ICASA Act and the underlying statutes or that are incidental or necessary for the performance of the functions of the Authority. |
| 3.5 | In light of the exigent circumstances outlined above, the Authority has decided to extend the due date for the payment of the prescribed licence fee and renewal of licences as stipulated in the Radio Frequency Spectrum Regulations, 2015 for the renewals which were due by 31 March 2025 by making the Regulations. The Authority is of the view that the Regulations are necessary for the performance of its functions and consistent with the objects of the ECA. |
| 3.6 | The Authority is empowered in terms of section 4(7)(b) of the ECA to not follow a public notice and comment procedure contemplated in terms of section 4(4) of the ECA when making any regulation which the public interest requires should be made without delay. |
| 3.7 | The public interest in this instance being the inability of the affected licensees, who are substantial in number, to renew their licences thereby leading to a situation where licensees are forced to stop utilising radio frequency spectrum or face potential sanction as they would be acting unlawfully in the absence of a validly renewed licence. |
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| 1 | Section 4(3)(j) of the ICASA Act. |
