34
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
Amendment of individual licence
10. (1) The Authority may amend an individual licence after consultation with the
licensee—
(a) to make the terms and conditions of the individual licence consistent with the
terms and conditions being imposed generally in respect of all individual
licences of the same type;
(b) for the purpose of ensuring fair competition between licencees;
(c) to the extent requested by the licensee provided it will not militate against
orderly frequency management and will not prejudice the interests of other
licencees;
(d) to the extent necessitated by technological change or in the interest of ordely
frequency management;
(e) in accordance with a decision made by the Authority in terms of section 17E
of the ICASAAct following a finding and recommendation by the Complaints
and Compliance Committee;
(f) where the Authority is satisfied that the amendment is necessary to ensure the
achievement of the objectives of this Act;
(g) if the amendment relates to universal access or universal service and is
necessary, in the opinion of the Authority, as a result of—
(i) changed circumstances in the market; or
(ii) lack of electronic communications network services, broadcasting
services, or electronic communications services in specifically identified
areas of the Republic.
(h) if the amendment is in pursuance of and in accordance with the regulations
made under Chapter 10.
(2) The provisions of section 9(2) to (6) apply, with the necessary changes, to the
amendment of an individual licence.
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Renewal of individual licence
11. (1) A licensee may, subject to the conditions of his or her individual licence, apply
for the renewal of his or her individual licence in the manner prescribed by the Authority.
(2) The regulations prescribed by the Authority in terms of subsection (1) must
specify, among other things, the form and content of applications for renewal and the
time period for applying for renewal.
(3) Except as provided in this section, the provisions of section 9(2) to (6) apply, with
the necessary changes, to the renewal of an individual licence.
(4) Except for applications contemplated in subsection (9), the Authority must,
subject to subsection (8), make its decision on the application for renewal prior to the
expiration of the date specified in the licence.
(5) The Authority may prescribe any fees applicable to the renewal of an individual
licence.
(6) Subject to subsection (7), the Authority must renew the individual licence on no
less favourable terms and conditions as were applicable during its preceding period of
validity except where the amendments meet the requirements set out in section 10.
(7) Subject to subsection (12), the Authority may refuse to renew a licence or may
renew the licence on less favourable terms and conditions than those that were
applicable during the preceding period of validity or renew the licence with terms and
conditions that are not applicable to similar licences if the Authority determines that the
licensee has materially and repeatedly failed to comply with—
(a) the terms and conditions of the licence;
(b) the provisions of this Act or of the related legislation; or
(c) any regulation made by the Authority.
(8) If the Authority refuses an application for renewal of the individual licence or
renews the licence on less favourable terms and conditions, the Authority—
(a) must, as soon as practicable, inform the licensee by written notice, of its
decision and the reasons for the decision;
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