18 (3) The policy and policy directions contemplated in subsection (1) must be made within twelve (12) months of the coming into operation of the Electronic Communications Amendment Act, 2014.’’. Amendment of section 30 of Act 36 of 2005 14. Section 30 of the principal Act is hereby amended by— 5 (a) the substitution in subsection (2) for the words preceding paragraph (a) of the following words: ‘‘In controlling, planning, administering, managing [and], licensing and assigning the use of the radio frequency spectrum, the Authority must—’’; and 10 (b) by the substitution in subsection (2) for paragraph (a) of the following paragraph: ‘‘(a) comply with the applicable standards and requirements of the ITU and its Radio Regulations, as agreed to or adopted by the Republic, as well as with the national radio frequency plan contemplated in 15 section 34;’’. Amendment of section 31 of Act 36 of 2005 15. Section 31 of the principal Act is hereby amended— (a) by the substitution for subsection (2) of the following subsection: ‘‘(2) (a) A radio frequency spectrum licence is required in addition to any service licence contemplated in Chapter 3, where the provision of such service entails the use of radio frequency spectrum. (b) A service licence is required in addition to any radio frequency spectrum licence where the provision of such service entails the use of radio frequency spectrum.’’; (b) by the insertion after subsection (2) of the following subsection: ‘‘(2A) A radio frequency spectrum licence may not be assigned, ceded or in any way transferred, and the control of a radio frequency spectrum licence may not be assigned, ceded or in any way transferred, to any other person without the prior written permission of the Authority.’’; (c) by the substitution for subsection (3) of the following subsection: ‘‘(3) The Authority may, taking into account the objects of the Act, prescribe procedures and criteria for— (a) [awarding] radio frequency spectrum licences [for competing applications or] in instances where there is insufficient spectrum available to accommodate demand; (b) the amendment, transfer, transfer of control, renewal, suspension, cancellation and withdrawal of radio frequency spectrum licences; and (c) permission to assign, cede, share or in any way transfer a radio frequency spectrum licence, or assign, cede or transfer control of a radio frequency spectrum licence as contemplated in subsection (2A).’’; (d) by the insertion after subsection (4) of the following subsection: ‘‘(4A) The Authority must notify the licensee within 60 days of its decision with regard to an application for an amendment of a spectrum licence.’’; and (e) by the substitution for subsections (8), (9) and (10) of the following subsections, respectively: ‘‘(8) Subject to subsection (9), the Authority may withdraw any radio frequency spectrum licence or assigned radio frequency spectrum when the licensee fails to utilise the assigned radio frequency spectrum in accordance with the licence conditions applicable to such licence. (9) Before the Authority withdraws a radio frequency spectrum licence or assigned radio frequency spectrum in terms of subsection (8), it must give the licensee prior written notice of at least 30 days and the licensee must have 7 (seven) business days in which to respond in 20 25 30 35 40 45 50 55