36 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (b) must provide the licensee with a reasonable opportunity to make written submissions to the Authority within a time period specified in the notice referred to in paragraph (a); (c) may, upon receipt of the written submission from the licensee, review its 5 decision to refuse the application for renewal; (d) must notify the licensee of its decision after reviewing the application. (9) The Authority may on good cause shown by the applicant, accept for filing, an application for renewal that is not submitted within the time period prescribed by the Authority in terms of subsection (2). (10) An individual licence remains valid until such time as the Authority has made a 10 decision on an application for renewal of such individual licence. (11) Where the Authority grants renewal of the individual licence, such licence becomes effective on the date specified by the Authority unless a stay or equivalent order of a court of competent jurisdiction is granted. (12) Where the Authority refuses the renewal of an individual licence, such refusal 15 becomes effective, on the date specified in the notice given by the Authority to the licensee in terms of subsection (8)(d), unless a stay or equivalent order of a court of competent jurisdiction is granted. Surrender of individual licence 12. A licensee may, at any time, by written notice, surrender an individual licence to 20 the Authority in accordance with the requirements set out in the individual licence or in the manner prescribed by the Authority. Transfer of individual licences or change of ownership 13. (1) An individual licence may not be assigned, ceded or transferred to any other person without the prior written permission of the Authority. (2) An application for permission to assign, cede or transfer an individual licence may be made to the Authority in the prescribed manner. (3) The Authority may by regulation, set a limit on, or restrict, the ownership or control of an individual licence, in order to— (a) promote the ownership and control of electronic communications services by historically disadvantaged groups; or (b) promote competition in the ICT sector. (4) The Authority may, subject to Chapter 9, by regulation, set a limit on, or restrict, the ownership or control of an individual licence for broadcasting services in order to promote a diversity of views and opinions. (5) Regulations contemplated in subsection (3) and (4) must be made— (a) with due regard to the objectives of this Act, the related legislation and where applicable, any other relevant legislation; and (b) after the Authority has conducted an inquiry in terms of section 4B of the ICASA Act, which may include, but is not limited to, a market study. 25 30 35 40 Suspension or cancellation of individual licence 14. (1) The Authority may suspend or cancel an individual licence granted in terms of this Act— (a) where the licensee agrees in writing to such suspension or cancellation; (b) in accordance with a decision made by the Authority in terms of section 17E 45 of the ICASA Act; or (c) where the licensee is placed in liquidation, whether voluntary or compulsory or is placed under judicial management, either provisionally or finally. (2) The suspension or cancellation of an individual licence takes effect on the date set forth in a written notice of suspension or cancellation served on the licensee by the 50 Authority. (3) Once the suspension or cancellation of an individual licence has taken effect, the Authority must, as soon as practicable, publish the suspension or cancellation in the Gazette.

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