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

Regulations

Purchase

[Regulation 11 heading substituted by regulation 3.1 of Notice 154 of 2016, GG 39871, dated 30 March 2016]

(1)	An application to transfer a Licence must be:

(a)	in the format set out in Form G;

(b)	accompanied by the applicable fee; and

(c)	submitted by the prospective transferor.

(2)	Where in the opinion of the Authority, it is necessary as a matter of procedural fairness, the Authority may take any or all of the following steps:

(a)	publish a notice in the Gazette of the application to transfer the Licence;

(b)	invite interested persons to submit written representations in relation to the application within the period specified in the notice;

(c)	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

(d)	conduct a public hearing in relation to the application.

(3)	The Authority will not consider an application if the licensee is in arrears with respect to any fees prescribed by the Authority or legislated in terms of the Act.

[Regulation 11(3) inserted by regulation 3.3 of Notice 154 of 2016 dated 30 March 2016]

(4)	A licence transfer or licence transfer of control application will be evaluated on the basis of the following criter:

(a)	promotion of competition in the ICT sector;

(b)	interests of consumers; and

(c)	equity ownership by HDP's.

[Regulation 11(4) inserted by regulation 3.2 of Notice 154 of 2016 dated 30 March 2016]