Đấu giá

Section 7, South Africa_Radio Frequency Spectrum Regulations 2015: “7. Procedure Where There is Insufficient Spectrum to Meet Demand or Where an ITA is Published (1) The Authority will at all times publish an ITA where a radio frequency spectrum licence will be awarded/granted on a competitive basis and where it determines that there is insufficient spectrum available to accommodate demand in terms of section 31(3)(a) of the Act. (2) An ITA, in terms of sub regulation (1), will set out the following: (a) The subject of the ITA; (b) The place for the submission of the application; (c) The application fee, (d) Any qualification criteria that are applicable; (e) The terms and conditions relating to the application; (f) The proposed licence terms and conditions; (g) The procedures for submission of the application; (h) The deadline for the submission of the application; (i) Conditions and procedures for the amendment of an application; (j) Conditions and procedures for the submission of supplementary information; (k) Conditions for the disqualification of an applicant from the application process; (l) The selection process; (m) The evaluation criteria; (n) The licensing method the Authority will use, including any of the following: (i) Auction rules; (ii) Beauty contest rules; or (iii) Any other licensing mechanism deemed appropriate by the Authority. (o) Any other information or requirements as the Authority may deem necessary. (3) An applicant shall be disqualified from the application process where such applicant: (a) has submitted an application and is an affiliate of another applicant, or has an ownership or financial interest in another applicant within the same application process; (b) has been granted a radio frequency spectrum licence by the Authority within the designated range unless the licensee has less than the maximum bandwidth made available in line with these regulations in which case they will only be allowed to apply for additional spectrum which results in total assignment not exceeding the maximum bandwidth made available; (c) has submitted more than 1 (one) application to the Authority for the grant of a radio spectrum licence within the designated range; (d) has less than 30% (thirty percent) equity ownership by HistoricallyDisadvantaged Persons (HDP) or is below a level 4 contributor (BBBEE status) in terms of the Codes of Good Practice published in terms of section 9(1) of the BBBEE Act; (e) has submitted an application which contains false or misleading information; (f) is colluding or has attempted to collude with another applicant with the intention to distort or manipulate information; (g) has obtained or acquired confidential information relating to another applicant; (h) has failed to notify the authority of the changes referred to in the application forms; (i) has failed to comply with the terms and conditions of the application as set out in the ITA; or (j) has failed to comply with a request in terms of these regulations.”

Thi tuyển

Section 7, South Africa_Radio Frequency Spectrum Regulations 2015: “7. Procedure Where There is Insufficient Spectrum to Meet Demand or Where an ITA is Published (1) The Authority will at all times publish an ITA where a radio frequency spectrum licence will be awarded/granted on a competitive basis and where it determines that there is insufficient spectrum available to accommodate demand in terms of section 31(3)(a) of the Act. (2) An ITA, in terms of sub regulation (1), will set out the following: (a) The subject of the ITA; (b) The place for the submission of the application; (c) The application fee, (d) Any qualification criteria that are applicable; (e) The terms and conditions relating to the application; (f) The proposed licence terms and conditions; (g) The procedures for submission of the application; (h) The deadline for the submission of the application; (i) Conditions and procedures for the amendment of an application; (j) Conditions and procedures for the submission of supplementary information; (k) Conditions for the disqualification of an applicant from the application process; (l) The selection process; (m) The evaluation criteria; (n) The licensing method the Authority will use, including any of the following: (i) Auction rules; (ii) Beauty contest rules; or (iii) Any other licensing mechanism deemed appropriate by the Authority. (o) Any other information or requirements as the Authority may deem necessary. (3) An applicant shall be disqualified from the application process where such applicant: (a) has submitted an application and is an affiliate of another applicant, or has an ownership or financial interest in another applicant within the same application process; (b) has been granted a radio frequency spectrum licence by the Authority within the designated range unless the licensee has less than the maximum bandwidth made available in line with these regulations in which case they will only be allowed to apply for additional spectrum which results in total assignment not exceeding the maximum bandwidth made available; (c) has submitted more than 1 (one) application to the Authority for the grant of a radio spectrum licence within the designated range; (d) has less than 30% (thirty percent) equity ownership by HistoricallyDisadvantaged Persons (HDP) or is below a level 4 contributor (BBBEE status) in terms of the Codes of Good Practice published in terms of section 9(1) of the BBBEE Act; (e) has submitted an application which contains false or misleading information; (f) is colluding or has attempted to collude with another applicant with the intention to distort or manipulate information; (g) has obtained or acquired confidential information relating to another applicant; (h) has failed to notify the authority of the changes referred to in the application forms; (i) has failed to comply with the terms and conditions of the application as set out in the ITA; or (j) has failed to comply with a request in terms of these regulations.”

Cấp lại

Giấy phép tần số hết hạn sẽ được gia hạn/cấp mới theo thông báo của CQQL. Chương III. Điều 10. Gia hạn/Cấp mới giấy phép tần số. 10. Renewal of a Radio Frequency Spectrum Licence (1) Renewal of an annual radio frequency spectrum licence is to be performed on an annual basis by payment of the prescribed licence fee on or before the due date. (2) Subject to the renewal of a service licence, where applicable, renewal of a multi-year radio frequency spectrum licence is to be performed prior to the expiry of such a licence in the last licence year of the licence term by payment of the prescribed licence fee on or before the due date. (3) After receipt of a renewal invoice from the Authority, the licensee must indicate its intention to renew its radio frequency spectrum licence by payment of the prescribed licence fee on or before the due date of the then current licence year. Thời hạn giấy phép sử dụng tần số không được vượt quá thời hạn của giấy phép viễn thông, có thể hiểu nếu giấy phép viễn thông được gia hạn thì giấy phép sử dụng tần số cũng được gia hạn theo. Chương IV. Điều 17. Thời hạn giấy phép sử dụng tần số. 17. Duration of a Radio Frequency Spectrum Licence (1) The granting of a radio frequency spectrum licence must not be construed as conferring upon the holder a monopoly for the use of or a right of continued tenure of the radio frequency spectrum. (2) Unless otherwise specified in a radio frequency spectrum licence, a radio frequency spectrum licence shall run parallel to and not exceed the duration of a service licence contemplated in Chapter 3 of the Act, issued to the person in possession of a radio frequency spectrum licence. (3) The duration of a radio frequency spectrum licence, without a corresponding service licence contemplated in Chapter 3 of the Act, except those mentioned in sub regulation (4), is a year (i.e. from 1 April until 31 March) and such a licence will expire on the due date of the then current licence year. (4) Where a radio frequency spectrum licence is issued in the Amateur Radio, Aeronautical Band, Marine Band, Citizen Band Radio for Ski Boats, the licence shall remain valid from 1 April of the year in which it was issued and is thereafter renewable by payment of the prescribed licence fee before or on the due date in the year it is set to expire. (5) All payments relating to the usage of radio frequency spectrum are payable annually on or before the due date, except those mentioned in sub regulation (4)

Giới hạn CAP

CQQL được phép hạn chế quyền sở hữu giấy phép tần số. Chương II. Điều 3. Phương án cấp phép tần số. (5) The Authority may restrict the possession of radio apparatus to the assigned radio frequency spectrum or as may be reasonably justified.

Chuyển nhượng

Thu hồi