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

Chapter 3 : Licensing Framework

11. Renewal of individual licence

 

 

(1) A licensee may, subject to the conditions of his or her individual licence, apply for the renewal of his or her individual licence in the manner prescribed by the Authority.

 

(2) The regulations prescribed by the Authority in terms of subsection (1) must specify, among other things, the form and content of applications for renewal and the time period for applying for renewal.

 

(3) Except as provided in this section, the provisions of section 9(2) to (6) apply, with the necessary changes, to the renewal of an individual licence.

 

(4) Except for applications contemplated in subsection (9), the Authority must, subject to subsection (8), make its decision on the application for renewal prior to the expiration of the date specified in the licence.

 

(5) The Authority may prescribe any fees applicable to the renewal of an individual licence.

 

(6) Subject to subsection (7), the Authority must renew the individual licence on no less favourable terms and conditions as were applicable during its preceding period of validity except where the amendments meet the requirements set out in section 10.

 

(7) Subject to subsection (12), the Authority may refuse to renew a licence or may renew the licence on less favourable terms and conditions than those that were applicable during the preceding period of validity or renew the licence with terms and conditions that are not applicable to similar licences if the Authority determines that the licensee has materially and repeatedly failed to comply with—
(a) the terms and conditions of the licence;
(b) the provisions of this Act or of the related legislation; or
(c) any regulation made by the Authority.

 

(8) If the Authority refuses an application for renewal of the individual licence or renews the licence on less favourable terms and conditions, the Authority—
(a) must, as soon as practicable, inform the licensee by written notice, of its decision and the reasons for the decision;
(b) must provide the licensee with a reasonable opportunity to make written submissions to the Authority within a time period specified in the notice referred to in paragraph (a);
(c) may, upon receipt of the written submission from the licensee, review its decision to refuse the application for renewal;
(d) must notify the licensee of its decision after reviewing the application.

 

(9) The Authority may on good cause shown by the applicant, accept for filing, an application for renewal that is not submitted within the time period prescribed by the Authority in terms of subsection (2).

 

(10) An individual licence remains valid until such time as the Authority has made a decision on an application for renewal of such individual licence.

 

(11) Where the Authority grants renewal of the individual licence, such licence becomes effective on the date specified by the Authority unless a stay or equivalent order of a court of competent jurisdiction is granted.

 

(12) Where the Authority refuses the renewal of an individual licence, such refusal becomes effective, on the date specified in the notice given by the Authority to the licensee in terms of subsection (8)(d), unless a stay or equivalent order of a court of competent jurisdiction is granted.