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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(4) The Authority may by regulation make provision for the designation of licensees
to whom universal service and universal access obligations are to be applicable.
Application for and granting of individual licences
9. (1) Any person may, upon invitation by the Authority, subject to the provisions of
this Act, apply for an individual licence in the prescribed manner.
(2) The Authority must give notice of the application in the Gazette and—
(a) invite interested persons to apply and submit written representations in
relation to the application within the period mentioned in the notice;
(b) include the percentage of equity ownership to be held by persons from
historically disadvantaged groups, which must not be less than 30%, or such
higher percentage as may be prescribed;
(c) set out the proposed licence conditions that will apply to the licence; and
(d) give interested persons an opportunity to submit written responses to any
representations submitted in terms of paragraph (a);
(e) may conduct a public hearing in relation to any application for an individual
licence;
(3) The Authority may require an applicant or an interested party who has submitted
written representations in terms of subsection (2)(a) to furnish the Authority, within the
period specified by the Authority, with such further information as may be reasonably
necessary in order to consider the application.
(4) (a) Applications, representations, responses and other documents relating to an
application which are submitted to the Authority are, subject to this subsection, open to
public inspection during the normal office hours of the Authority.
(b) The Authority must, at the request of any person and on payment of such fee as
may be prescribed, furnish him or her with copies of documents requested by such
person.
(c) (i) The Authority may, at the request of an applicant or person who has submitted
representations or responses, decide that—
(aa) any document or information that is commercially sensitive; or
(bb) any other matter reasonably justifying confidentiality, is not open to public
inspection, if such document or information can be separated from the
application, representations or other documents in question.
(ii) for the purposes of this subsection, commercially sensitive document, information
or other matter reasonably justifying confidentiality, excludes documents or information
that should, as a matter of law be generally available to the public.
(d) If the Authority refuses a request referred to in paragraph (c)(i), the applicant or
person concerned may withdraw the document or information in question.
(5) The Authority must, after considering—
(a) any application for an individual licence made in terms of this Act; and
(b) any written representations made in terms of subsection (2) in relation to the
application,
notify the applicant of its decision, the reasons for that decision and any licence
conditions applicable and publish such information in the Gazette.
(6) Whenever the Authority grants an individual licence, the Authority—
(a) must do so on standard terms and conditions applicable to the type of licence,
as prescribed in terms of section 8; and
(b) may impose such additional terms and conditions as may be prescribed in
terms of section 8(3).
(7) Despite subsection (6), the Authority may impose on the applicant any other
specific terms and conditions resulting from undertakings made by the applicant.
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