47 Frequency bids
(1) In this section
“appropriate successor company” means the successor company or, where more than one successor company
is formed, the company licensed in terms of section one hundred and thirteen to provide the cellular
telecommunication or telecommunication services carried on by the Corporation immediately before the
fixed date, as the case may be;
“evaluation committee” means the committee appointed in terms of paragraph (c) of subsection (2).
(2) The Authority may, without prejudice to the rights of the appropriate successor company, a prior licensee
or the Broadcasting Corporation
(a) identify the frequencies in which it is appropriate to provide a cellular telecommunication service or a
telecommunication service; and
(b) prepare specifications for a cellular telecommunication service or a telecommunication service to be
provided in each of the frequencies referred to in paragraph (a); and
(c) appoint an evaluation committee consisting of the Director-General as chairman or any person delegated
by him for the purpose and not less than three or more than five other members, not being members of
the Authority, for the purpose of evaluating applications for any licence for a cellular telecommunication
service or a telecommunication service for which specifications have been prepared in terms of
paragraph (b).
(3) In appointing the members of the evaluation committee the Board shall endeavour to secure that each
member is representative of groups or sectors of the community having an interest in telecommunications, or is
chosen for his experience or professional qualifications in any one of the following fields or areas of
competence
(a) telecommunications technology;
(b) law, accountancy or administration.
(4) Where the Authority proposes to exercise its powers in terms of subsection (2) it shall cause a notice to
be published in the Gazette and in such newspaper as the Authority thinks appropriate
(a) describing the relevant specifications prepared in terms of paragraph (b) of subsection (2); and
(b) indicating any conditions subject to which the relevant licence will be granted; and
(c) calling upon proposed applicants for the relevant licence to submit their applications to the Authority by
a specified date.
(5) The Authority shall without delay refer any application received in terms of paragraph (c) of subsection
(4) to the evaluation committee for its opinion as to whether the application qualifies for consideration in terms of
paragraphs (a) and (b) of subsection (4), and, if two or more such applications qualify for consideration, the
Authority shall cause a further notice to be published in the Gazette calling upon the applicants concerned and any
interested person who wishes to do so to make oral or written representations on the applications to the evaluation
committee at the dates, times and places specified in the notice.
(6) For the purposes of receiving representations in terms of subsection (5) the members of the evaluation
committee shall have all of the powers, rights, privileges and duties conferred or imposed upon a commissioner by
the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in
custody, and sections 9 to 13 and 15 to 18 of that Act shall apply, mutatis mutandis, in relation to any hearing
conducted by the evaluation committee and to any person summoned to give or giving evidence for the purpose of
the hearing.
(7) In any hearing conducted in terms of subsection (6) the evaluation committee shall ensure that the rules
commonly known as the rules of natural justice are duly observed and, in particular, shall take all reasonable steps
to ensure that every person whose interests are likely to be affected by the outcome of the hearing is given an
adequate opportunity to make representations in the matter.
(8) After considering any representations received pursuant to a notice published in terms of subsection (6),
the evaluation committee shall make a report of its findings and recommendations to the Authority, and the
Authority shall, in such manner as it thinks fit, publish the report.
(9) The Authority shall pay due regard to the findings or recommendations of the evaluation committee made
in terms of subsection (8) when the Authority decides whether or not to issue the licence concerned.
PART VII
POSTAL SERVICES
48 Postal licensees to comply with licence and regulations
A postal licensee shall conduct his postal service in accordance with his licence and regulations made in
terms of section ninety-nine.
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