40 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (5) In any case where— (a) the Authority fails to give notice of a delay to the registrant and fails to grant the class licence within the sixty (60) days as required in terms of subsection (4); (b) the registrant has complied with the regulations prescribed in terms of section 5 5(7) applicable to class licenses; (c) the registrant satisfies the conditions provided for in section 5(8); and (d) the Authority has not declined to accept the registration notice for the class licence in terms of section 18, the class licence is considered to have been granted by the Authority on the 61st day after 10 receipt of the registration notice by the Authority. (6) During the term of a class licence the licensee must ensure that the information contained in the register referred to in section 16(3), remains accurate by filing and updating such information where— (a) the licensee surrenders its class licence and ceases to provide the electronic 15 communications network services, electronic communications services or broadcasting services licensed pursuant to such class licence; or (b) the information contained in the register referred to in section 16(3) is no longer accurate. Refusal of registration for class licence 20 18. (1) The Authority may refuse to accept a registration for a class licence if— (a) the registration does not contain the information prescribed by the Authority; (b) the person is in contravention of this Act or the related legislation in relation to other licences that such person may hold; or (c) the registration contains false or misleading information or misrepresentations 25 of fact. (2) Where a registration is refused, the Authority must, within sixty (60) days of receipt of the registration, send to the registrant, a written notice— (a) stating the reasons for the refusal; and (b) providing the registrant with an opportunity to correct and resubmit the 30 registration. Renewal of class licence 19. (1) All class licenses must have a term of validity not exceeding 10 (ten) years, unless specified to the contrary by the Authority. (2) Class licensees seeking to renew their class licenses must, in writing and not less 35 than six months prior to the expiration of their class licence, notify the Authority of their intention to continue to provide the services. (3) The renewal notice contemplated in subsection (2) must be submitted to the Authority in the manner prescribed as contemplated in section 5(7). (4) Within sixty (60) days of the receipt of the written notice submitted in accordance 40 with subsection (2), the Authority must update the register of class licences referred to in section 16(3) to reflect the renewed licences. (5) Where the Authority fails to update the register referred to in section 16(3), the class licence is considered to have been renewed on the 61st day following receipt by the 45 Authority of the class licensee’s written notice. CHAPTER 4 ELECTRONIC COMMUNICATIONS NETWORKS AND ELECTRONIC COMMUNICATIONS FACILITIES Application 20. (1) This chapter applies only to electronic communications network service 50 licensees.

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