52 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (a) seal or alter such apparatus or any part thereof in order to— (i) prevent the use of that radio apparatus for the purpose of transmission or reception; and (ii) grant to such person a permit for a limited or indefinite period authorising the possession of that apparatus on condition that it is not, during such 5 period, used for such purpose; or (b) seize such apparatus, whether or not it is sealed as contemplated in paragraph (a), for disposal in terms of subsection (4). (4) Radio apparatus seized under subsection (3)(b) must be held by the Authority at 10 the cost of the person from whom it was seized until— (a) its possession is authorised in terms of section 31; or (b) the matter is dealt with by a court of law. Frequency co-ordination 33. (1) Holders of a radio frequency spectrum licence must, in good faith, co-ordinate 15 their respective frequency usage with other such licensees to— (a) avoid harmful interference among radio frequency spectrum licensees; (b) ensure efficient use of any applicable frequency band; and (c) allow for the provision of cost-efficient services. (2) Where radio frequency spectrum licensees are unable or unwilling to co-ordinate in good faith in terms of subsection (1), the Authority must intervene and resolve the 20 dispute. (3) The Authority must prescribe regulations governing the co-ordination contemplated in subsection (1), which may include a process for the resolution of disputes among radio frequency spectrum licensees on an expedited basis. Radio frequency plan 34. (1) The Minister, in the exercise of his or her functions, represents the Republic in international fora, including the ITU, in respect of— (a) the international allotment of radio frequency spectrum; and (b) the international coordination of radio frequency spectrum usage, in accordance with international treaties, multinational and bilateral agreements entered into by the Republic. (2) The Minister must approve the national radio frequency plan developed by the Authority, which must set out the specific frequency bands designated for use by particular types of services, taking into account the radio frequency spectrum bands allocated to the security services. (3) The Authority must assign radio frequencies consistent with the national radio frequency plan for the use of radio frequency spectrum by licence holders and other services that may be provided pursuant to a licence exemption. (4) The Authority must, within 12 months of the coming into force of this Act, prepare the national radio frequency plan or make appropriate modification to any existing radio frequency plan to bring it into conformity with this Act. (5) The national radio frequency plan must be updated and amended when necessary in order to keep the plan current. When updating and amending this plan due regard must be given to the current and future usage of the radio frequency spectrum. (6)The national radio frequency plan must— (a) designate the radio frequency bands to be used for particular types of services; (b) ensure that the radio frequency spectrum is utilised and managed in an orderly, efficient and effective manner; (c) aim at reducing congestion in the use of the radio frequency spectrum; (d) aim at protecting radio frequency spectrum licensees from harmful interference; (e) provide for flexibility and the rapid and efficient introduction of new technologies; 25 30 35 40 45 50