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

Regulations

Radio Frequency Spectrum Amendment Regulations, 2021

Part IV - Procedures for Radio Frequency Spectrum Licensing and Assignment

13. Procedure to Surrender a Radio Frequency Spectrum Licence

 

(1) A licensee seeking to surrender his licence must, in writing, submit the following to the Authority:
(a) A completed application form in the format outlined in Form C of Annexure A;
(b) The original of the radio frequency spectrum licence and information on any other conditions imposed on the licence;
(c) A migration plan for any consumer that may be affected and an analysis of the impact on consumers as well as a communications plan to consumers;
(d) An inventory of radio apparatus and an e-waste management plan; and
(e) The proposed date from which the radio frequency spectrum licence shall become void, which will in any case not be any earlier than thirty (30) days from the receipt of the application for surrender.

 

(2) After receipt of the application for Notice of Surrender, the Authority may:
(a) request further information from the applicant;
(b) conduct a public consultation process; or
(c) impose conditions on the licensee with respect to provisions for end users before the Notice of Surrender can be approved by the Authority.

 

(3) If a licensee has a service licence, the surrender of the radio frequency spectrum licence does not absolve the licensee from any obligations he or she may have under the service licence.

 

(4) Subject to regulation 10(7) of these Regulations, a licensee seeking to surrender his radio frequency spectrum licence must inform his or her end-users, if any, within its geographic coverage of its decision no later than two (2) months before the expiry of its radio frequency spectrum licence.