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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(b) must provide the licensee with a reasonable opportunity to make written
submissions to the Authority within a time period specified in the notice
referred to in paragraph (a);
(c) may, upon receipt of the written submission from the licensee, review its
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decision to refuse the application for renewal;
(d) must notify the licensee of its decision after reviewing the application.
(9) The Authority may on good cause shown by the applicant, accept for filing, an
application for renewal that is not submitted within the time period prescribed by the
Authority in terms of subsection (2).
(10) An individual licence remains valid until such time as the Authority has made a 10
decision on an application for renewal of such individual licence.
(11) Where the Authority grants renewal of the individual licence, such licence
becomes effective on the date specified by the Authority unless a stay or equivalent order
of a court of competent jurisdiction is granted.
(12) Where the Authority refuses the renewal of an individual licence, such refusal 15
becomes effective, on the date specified in the notice given by the Authority to the
licensee in terms of subsection (8)(d), unless a stay or equivalent order of a court of
competent jurisdiction is granted.
Surrender of individual licence
12. A licensee may, at any time, by written notice, surrender an individual licence to 20
the Authority in accordance with the requirements set out in the individual licence or in
the manner prescribed by the Authority.
Transfer of individual licences or change of ownership
13. (1) An individual licence may not be assigned, ceded or transferred to any other
person without the prior written permission of the Authority.
(2) An application for permission to assign, cede or transfer an individual licence may
be made to the Authority in the prescribed manner.
(3) The Authority may by regulation, set a limit on, or restrict, the ownership or
control of an individual licence, in order to—
(a) promote the ownership and control of electronic communications services by
historically disadvantaged groups; or
(b) promote competition in the ICT sector.
(4) The Authority may, subject to Chapter 9, by regulation, set a limit on, or restrict,
the ownership or control of an individual licence for broadcasting services in order to
promote a diversity of views and opinions.
(5) Regulations contemplated in subsection (3) and (4) must be made—
(a) with due regard to the objectives of this Act, the related legislation and where
applicable, any other relevant legislation; and
(b) after the Authority has conducted an inquiry in terms of section 4B of the
ICASA Act, which may include, but is not limited to, a market study.
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Suspension or cancellation of individual licence
14. (1) The Authority may suspend or cancel an individual licence granted in terms of
this Act—
(a) where the licensee agrees in writing to such suspension or cancellation;
(b) in accordance with a decision made by the Authority in terms of section 17E 45
of the ICASA Act; or
(c) where the licensee is placed in liquidation, whether voluntary or compulsory
or is placed under judicial management, either provisionally or finally.
(2) The suspension or cancellation of an individual licence takes effect on the date set
forth in a written notice of suspension or cancellation served on the licensee by the 50
Authority.
(3) Once the suspension or cancellation of an individual licence has taken effect, the
Authority must, as soon as practicable, publish the suspension or cancellation in the
Gazette.