26 July 2019
The Independent Communications Authority of South Africa (ICASA) controls, plans, administers and manages the use and licensing of the radio frequency spectrum in South Africa. In doing so, ICASA must, among others, comply with applicable standards and requirements of the International Telecommunications Union and its Radio Regulations as agreed to by the Republic, as well as the approved Radio Frequency Plan.
According to applicable legislation, no person may transmit any signal by radio or use radio apparatus to receive any signal by radio without a radio frequency spectrum licence granted by ICASA in terms of the Electronic Communications Act.
However, ICASA may further prescribe the radio frequency spectrum licence that may be used without a licence.
It is against this background that ICASA intends to amend Annexure B of the Radio Frequency Spectrum Regulations of 2015. The Annexure referred to relates to a list of radio apparatus that do not require a radio frequency spectrum licence.
The decision to make amendments to the Annexure is prompted mainly by the need to, among others, encourage investment and innovation in the ICT sector, promote adoption of latest technological gadgets operating in the licence-free radio as well as frequency spectrum bands on a non-interference and zero protection basis from interference.
In this regard, ICASA has published a notice of its intention to amend Annexure B in the Government Gazette where interested stakeholders are invited to submit written representations with regards to the proposed amendments by close of business on 06 September 2019.
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