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

Chapter 3 : Licensing Framework

10. Amendment of individual licence

 

(1) The Authority may amend an individual licence after consultation with the licensee—
(a) to make the terms and conditions of the individual licence consistent with the terms and conditions being imposed generally in respect of all individual licences of the same type;
(b) for the purpose of ensuring fair competition between licencees;
(c) to the extent requested by the licensee provided it will not militate against orderly frequency management and will not prejudice the interests of other licencees;
(d) to the extent necessitated by technological change or in the interest of orderly frequency management;
(e) in accordance with a decision made by the Authority in terms of section 17E of the ICASA Act following a finding and recommendation by the Complaints and Compliance Committee;
(f) where the Authority is satisfied that the amendment is necessary to ensure the achievement of the objectives of this Act;
(g) if the amendment relates to universal access or universal service and is necessary, in the opinion of the Authority, as a result of—
(i) changed circumstances in the market; or
(ii) lack of electronic communications network services, broadcasting services, or electronic communications services in specifically identified areas of the Republic.
(h) if the amendment is in accordance with Chapter 10 and any regulations that have been made under it.

[Section 10(1)(h) substituted by section 8 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

 

(2) The provisions of section 9(2) to (6) apply, with the necessary changes, to the amendment of an individual licence.