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

Chapter 3 : Licensing Framework

17. Registration for Class Licence

 

(1) A person who intends to operate under a class licence must, in the manner prescribed, submit a registration notice in writing to the Authority.

 

(2) The registrant must pay to the Authority the registration fee prescribed by the Authority.

 

(3) Subject to section 18, the Authority must, within thirty (30) days after receipt of a registration notice, issue the class licence and update its internal records by including —
(a) the name of the accepted registrant;
(b) the nature of the service that the registrant proposes to provide; and
(c) the licence conditions applicable to the class licence.

[Section 17(3) substituted by section 11 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

 

(4) If the Authority delays the issue of a class licence beyond the thirty (30) day period, the Authority must give written notice of the delay and of the reasons for the delay, to the registrant.

[Section 17(4) substituted by section 11 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

 

(5) In any case where—
(a) the Authority fails to give notice of a delay to the registrant and fails to issue the class licence within the thirty (30) days as required in terms of subsection (4);
(b) the registrant has complied with the regulations prescribed in terms of section 5(7) applicable to class licences;
(c) the registrant satisfies the conditions provided for in section 5(8); and
(d) the Authority has not refused or denied the registration notice for the class licence in terms of section 18,

the class licence is considered to have been issued by the Authority on the 31st day after receipt of the registration notice by the Authority.

[Section 17(5) substituted by section 11 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

 

(6) During the term of a class licence the licensee must ensure that the information contained in the register referred to in section 16(3), remains accurate by filing and updating such information where—
(a) the licensee surrenders its class licence and ceases to provide the electronic communications network services, electronic communications services or broadcasting services licensed pursuant to such class licence; or
(b) the information contained in the register referred to in section 16(3) is no longer accurate.