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

Regulations

Radio Frequency Spectrum Amendment Regulations, 2021

Part II - Radio Frequency Spectrum Planning

3. Radio Frequency Spectrum Assignment Plans

 

(1) A Radio Frequency Spectrum Assignment Plan may consist of:
(a) the types of services to be provided;
(b) specific terms and conditions for the use of the frequency bands;
(c) specific qualification criteria to be met by applicants;
(d) the procedures and timetable to be followed for assignment and licensing, if applicable;
(e) the apportionment of the relevant frequency bands in the Radio Frequency Plan for exclusive or shared assignments;
(f) detailed frequency channelling arrangements; and
(g) any other requirement that the Authority may deem necessary.

 

(2) A Radio Frequency Spectrum Assignment Plan may not necessarily require assignments to be issued for the whole of the radio frequency spectrum or the geographic area to which the Radio Frequency Spectrum Assignment Plan applies.

 

(3) A Radio Frequency Spectrum Assignment Plan must indicate whether it is intended that licences for the assignments will be issued on a first-come,first-served basis or on a competitive basis where there is deemed to be insufficient spectrum to accommodate demand.

 

(4) The Authority may grant a radio frequency spectrum assignment to a person either on an exclusive usage basis or on a shared basis.

 

(5) The Authority may restrict the possession of radio apparatus to the assigned radio frequency spectrum or as may be reasonably justified.