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 20255. The Process |
| 5.1 | Section 4(4) of the ECA requires the Authority to publish, not less than 30 days before a regulation is made, the regulation in the gazette, firstly declaring the Authority’s intention to make the regulation and secondly, inviting the interested parties to make written representations on the regulation. |
| 5.2 | The due date contemplated by Regulation 10 of the Radio Frequency Spectrum Regulations, 2015 is 31 March of the then current licence year. This date has passed as at publication of the Regulations without affected licensees being able to renew their licences as a result of the problems with the Licensing Platform outlined above. |
| 5.3 | Should the Authority follow the notice and comment procedure in relation to the Regulations, in accordance with section 4(4) of the ECA, the regulations which are necessary to ensure continuity of licensees’ operations and compliance with relevant regulatory instruments may not be implemented timeously thereby impacting adversely on the ability of licensees to comply with their obligation to renew licences. |
| 5.4 | In the circumstances, the Authority has determined to act in terms of section 4(7)(b) of the ECA which empowers the Authority to make any regulations which the public interest requires be made without delay, without regard to the notice and comment procedure stipulated in section 4(4) of the ECA. |
