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

Chapter 5 : Radio Frequency Spectrum

33. Frequency co-ordination

 

(1) Holders of a radio frequency spectrum licence must, in good faith, co-ordinate their respective frequency usage with other such licensees to—
(a) avoid harmful interference among radio frequency spectrum licensees;
(b) ensure efficient use of any applicable frequency band; and
(c) allow for the provision of cost-efficient services.

 

(2) Where radio frequency spectrum licensees are unable or unwilling to co-ordinate in good faith in terms of subsection (1), the Authority must intervene and resolve the dispute.

 

(3) The Authority must prescribe regulations governing the co-ordination contemplated in subsection (1), which may include a process for the resolution of disputes among radio frequency spectrum licensees on an expedited basis.

 

 


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