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

Regulations

Mobile Television Regulations, 2010

5. Designation of Use of Radio Frequency Spectrum

 

(a) Two mobile TV multiplexes of radio frequency spectrum within the designated range, namely, the MDTT1 and the MDTT2 multiplexes are hereby assigned for the provision of mobile television broadcasting services in terms of the Terrestrial Broadcasting Frequency Plan.
(b) Applicants must apply for the requisite capacity they require on the individual multiplexes for the purpose of providing mobile broadcasting. No applicant can occupy capacity in both mobile TV multiplexes. In the event that the broadcasting services enter into a partnership for the purposes of applying for capacity in the multiplex, the distribution of the capacity amongst the participating broadcasters shall not exceed 60% per broadcaster.
(c) The holder of a radio frequency spectrum licence issued in accordance with the provisions of these Regulations shall be required to utilize all the capacity available in the multiplex assigned to it within a period of twelve (12) months from the date of issue of the licence. Notwithstanding the aforegoing, the Authority may, upon application and on good cause shown, grant an extension for such further period as the Authority may deem appropriate in the circumstances.
(d) In the event the Authority is of the view that a licensee has failed to utilize fully the radio frequency spectrum assigned to it, the Authority may withdraw such unused radio frequency spectrum granted to such licensee in accordance with the provisions of section 31(8), (9) and (10) of the Act.
(e) The holder of a radio frequency spectrum licence issued in accordance with the provisions of these Regulations shall not be allowed to sell or let the radio frequency spectrum allocated to it.