50 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 with a radio frequency spectrum licence granted by the Authority to such person in terms of this Act. (2) 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. (3) The Authority may, taking into account the objects of the Act, prescribe procedures and criteria for awarding radio frequency spectrum licences for competing applications or instances where there is insufficient spectrum available to accommodate demand. (4) The Authority may amend a radio frequency spectrum licence— (a) to implement a change in the radio frequency plan; (b) in the interest of orderly radio frequency spectrum management; (c) to effect the migration of licensees in accordance with a revised radio frequency plan or the transition from analogue to digital broadcasting; (d) if requested by the licensee concerned to the extent that the request is fair and does not prejudice other licensees; or (e) with the agreement of the licensee. (5) Subsection (1) does not apply to a person who utilises radio frequency spectrum— (a) in the course of making due and proper use, as a subscriber, of an electronic communications service or electronic communications network service, the provision of which is licensed in terms of Chapter 3 or as a recipient of a service subject to a licence exemption; (b) in the course of making due and proper use of an electronic communications service, the provision of which is licensed in terms of Chapter 3 as part of his or her duties in the service of the State or a local authority, including any military force, police service or traffic authority, in instances of force majeure; or (c) in accordance with the regulations contemplated in subsection (6). (6) The Authority may prescribe— (a) types of radio apparatus the use or possession of which; or (b) the circumstances in which the use or possession of radio apparatus, does not require a radio frequency spectrum licence, including, but not limited to radio frequency spectrum allocated for use in respect of radio astronomy and other scientific uses of radio frequency spectrum that have been coordinated and agreed to by the Authority. (7) The Authority may, on its own initiative, take appropriate action to ensure compliance with the provisions of this Chapter. (8) Subject to subsection (9), the Authority may withdraw any radio frequency spectrum licence when the licensee fails to utilise the allocated radio frequency spectrum in accordance with the licence conditions applicable to such licence. (9) Before the Authority withdraws a radio frequency spectrum licence 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 writing to the notice (unless otherwise extended by the Authority) demonstrating that it is utilising the radio frequency spectrum in compliance with this Act and the licence conditions. (10) The Authority, based on the written response of the licensee, must notify the licensee of its decision to withdraw or not to withdraw the licence. 5 10 15 20 25 30 35 40 45 Control of possession of radio apparatus 32. (1) No person may possess any radio apparatus unless he or she is— (a) in possession of a radio frequency spectrum licence granted in terms of this 50 Chapter; or (b) exempted as prescribed in terms of section 31(6). (2) The Authority may, subject to this Act, the related legislation and other applicable law, enter onto property for purposes of inspecting radio apparatus in accordance with 55 subsection (3). (3) Where a person is found in possession of any radio apparatus in contravention of the provisions of this section, the Authority may—