40
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(5) In any case where—
(a) the Authority fails to give notice of a delay to the registrant and fails to grant
the class licence within the sixty (60) days as required in terms of subsection
(4);
(b) the registrant has complied with the regulations prescribed in terms of section 5
5(7) applicable to class licenses;
(c) the registrant satisfies the conditions provided for in section 5(8); and
(d) the Authority has not declined to accept the registration notice for the class
licence in terms of section 18,
the class licence is considered to have been granted by the Authority on the 61st day after 10
receipt of the registration notice by the Authority.
(6) During the term of a class licence the licensee must ensure that the information
contained in the register referred to in section 16(3), remains accurate by filing and
updating such information where—
(a) the licensee surrenders its class licence and ceases to provide the electronic 15
communications network services, electronic communications services or
broadcasting services licensed pursuant to such class licence; or
(b) the information contained in the register referred to in section 16(3) is no
longer accurate.
Refusal of registration for class licence
20
18. (1) The Authority may refuse to accept a registration for a class licence if—
(a) the registration does not contain the information prescribed by the Authority;
(b) the person is in contravention of this Act or the related legislation in relation
to other licences that such person may hold; or
(c) the registration contains false or misleading information or misrepresentations 25
of fact.
(2) Where a registration is refused, the Authority must, within sixty (60) days of
receipt of the registration, send to the registrant, a written notice—
(a) stating the reasons for the refusal; and
(b) providing the registrant with an opportunity to correct and resubmit the 30
registration.
Renewal of class licence
19. (1) All class licenses must have a term of validity not exceeding 10 (ten) years,
unless specified to the contrary by the Authority.
(2) Class licensees seeking to renew their class licenses must, in writing and not less 35
than six months prior to the expiration of their class licence, notify the Authority of their
intention to continue to provide the services.
(3) The renewal notice contemplated in subsection (2) must be submitted to the
Authority in the manner prescribed as contemplated in section 5(7).
(4) Within sixty (60) days of the receipt of the written notice submitted in accordance 40
with subsection (2), the Authority must update the register of class licences referred to
in section 16(3) to reflect the renewed licences.
(5) Where the Authority fails to update the register referred to in section 16(3), the
class licence is considered to have been renewed on the 61st day following receipt by the
45
Authority of the class licensee’s written notice.
CHAPTER 4
ELECTRONIC COMMUNICATIONS NETWORKS AND ELECTRONIC
COMMUNICATIONS FACILITIES
Application
20. (1) This chapter applies only to electronic communications network service 50
licensees.