| (1) |
No licensee must assign, cede or transfer control of a radio frequency spectrum licence without the prior written approval of the Authority. |
| (2) |
An application to assign, cede or transfer control of a licence must be: |
| (a) |
in the format as set out in Form B; |
| (b) |
accompanied by the prescribed fee; and |
| (c) |
submitted by the prospective transferor. |
| (3) |
The applicant for the assignment, ceding or transfer control of a radio frequency spectrum licence that was or would have been subject to an extended application procedure in terms of Annexure E, must provide information as set out Annexure E. |
| (4) |
The Authority will take the following steps with regard to an application for assignment, ceding or transfer of control of a radio frequency spectrum licence that was or would have been subject to an extended application procedure: |
| (a) |
publish a notice in the Gazette of the application to assign, cede or transfer control of the licence; |
| (b) |
request any relevant information regarding the transaction to enable the consideration of the application; |
| (c) |
invite interested persons to submit written representations in relation to the application within the period specified in the notice; |
| (d) |
allow the applicant an opportunity to submit written responses to representations received in relation to the application within the period specified by the Authority; and |
| (e) |
may conduct a public hearing in relation to the application. |
| (5) |
A radio frequency spectrum licence transfer of control application, in relation to licenses to which the extended application procedure applies, will be evaluated on the basis of the following criteria: |
| (a) |
Promotion of competition and interests of consumers; |
| (b) |
Equity ownership by HDPs; and |
| (c) |
any other applicable criteria as provided for in the Act at the time of the award of the licence. |
[Regulation 15(5) substituted by regulation 7 of Notice 781 of 2016, GG 40436, dated 22 November 2016]
| (6) |
An application for transfer of control of a radio frequency spectrum licence, in relation to licenses to which the standard application procedure applies, will be evaluated on the basis of the same criteria used in the standard application procedure. |
[Regulation 15(6) substituted by regulation 8 of Notice 781 of 2016, GG 40436, dated 22 November 2016]
| (7) |
When applying for the assignment, ceding or transfer control of a radio frequency spectrum licence, both the transferor and transferee must ensure that the following conditions are met: |
| (a) |
except where the radio frequency spectrum licence was issued according to the Standard Procedure found in Annexure D, the radio frequency spectrum licence must have been held for at least one year before an application for a transfer can be made; |
| (b) |
the transferee is capable of complying with the terms and conditions contained in the radio frequency spectrum licence; |
| (c) |
a duly completed application form is submitted by the transferor, with proof of payment of the prescribed application fee at any office of the Authority; |
| (d) |
in the case of liquidation or insolvency of the transferor, the liquidator/curator must give written consent in respect of the transfer; |
| (e) |
in the case of a deceased estate, the executor of the deceased estate must give written consent in respect of the transfer; and |
| (f) |
the transferee for the assignment, ceding or transferring control of the radio frequency spectrum licence that was subject to an extended application procedure, must have a score not less than that of the transferor. |
| (8) |
The Authority will not approve the assignment, ceding or transfer of control of a radio frequency spectrum licence: |
| (a) |
where a licensee has been found, by the Complaints and Compliance Committee ("the CCC"), to have contravened the provisions of the Act, the ICASA Act, the Regulations, the Terms and Conditions of a radio frequency spectrum licence or a licence granted in terms of Chapter 3 of the Act, and has failed to comply with an order by the Authority in terms of section 17E(4) of the ICASA Act; |
| (b) |
if such transaction will not promote competition; or |
| (c) |
if such transfer will result in the reduction of equity ownership held by HDP to be less than 30%. |
[Regulation 15(8)(c) substituted by regulation 9 of Notice 781 of 2016, GG 40436, dated 22 November 2016]
[Regulation 15 substituted regulation 2 of Notice 386 of 2015, GG 38754, dated 30 April 2015, to correct numbering inconsistencies]
Protection of Businesses Act, 1978
