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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

14. Procedure to Withdraw a Radio Frequency Spectrum Licence

 

(1) The procedure for withdrawal of a radio frequency spectrum licence is as outlined in section 31(8) to (10) of the Act.

 

(2) The withdrawal of a radio frequency spectrum licence must not prejudice or affect the rights of the Authority to recover any money or obtain any remedy arising from or in relation to any breach of a licence condition or failure to comply with the Act.

 

(3) The Authority may suspend a radio frequency spectrum licence for no more than twenty - four (24) months, whereafter the Authority may withdraw the licence in any of the following circumstances:
(a) Whereby the licensee is placed in liquidation;
(b) Whereby the licensee's service licence has been revoked by the Authority or cancelled by the licensee;
(c) Whereby the licensee has repeatedly breached the terms and conditions of a radio frequency spectrum licence or the provisions of the Regulations;
(d) Upon failure to use the assigned radio frequencies within two (2) years of the granting of the radio frequency spectrum licence; or
(e) Upon the need for use of the frequency spectrum during an emergency including both man-made and natural disasters.