~~ GOVERNMENT GAZETTE, 30 NOVEMBER 2001 TELECOMMUNICATIONS AMEhDMENT ACT, 2001 No. 22889 7 Act No. 64.2001 (b) Within six months after the date the second national operator is granted a public switched telecommunication service licence, or such longer period as the Minister may determin'e, Telkom may apply to the Authority for a radio frequency spectrum licence in the 1800 MHz frequency band to provide public switched telecommunication services, and such other services as Telkom, from time-to-time, is licensed to provide. (c)The Authority shall issue to the second national operator and Telkom a radio frequency spectrum licence contemplated in paragraph ( a ) or (b),as .the case may be(i) against the payment of such fees, to be payable over a period, as the Minister shall determine by notice in the Gazette; and (ii) subject to such conditions as the Authority may specify in that licence. (d) For purposes of paragraph (c)(i), the Ministermay specify by notice in the Gazette a multiple payment schedule pursuant to which the second national operator and Telkom, respectively, shall make payment, and the terms and conditions of such payment. (3) (a) Holders of a radio frelquency spectrum licence in the 1800 MHz frequency band shall co-ordinate, in good faith, their respective frequency usage with other such licensees t o (i) avoid harmful interference among licensees; (ii) ensure efficient use of the 1800 MHz frequency band; and (iii) allow for the provision of cost-efficient services. (b)The Authority may prescribe regulations governing the co-ordination contemplated in paragraph (a),which may indude a process for the speedy resolution of disputes among licensees. (4) In determining the fees (contemplated in subsections (l)(b)(i) and (2)(c)(i) the Minister shall take into account-(i) MHz pair per population per licence year; (ii) provision of paired or unpaired spectrum; (iii) technical and administrative cost of spectrum management, including projected costs for Authority involvement in frequency co-ordination contemplated in subsection (3); and (iv) any other matter that is consistent with section 2. 5 10 15 20 25 30 35 Third generation telecommuniication radio frequency spectrum licence 30B. (1) ( a ) Within six months after the date of commencement of this paragraph or such longer period as the Ministermay determine, the mobile cellular operators may apply to the Authority for a thirdgeneration telecommunication radio frequency spectrum licence to provide mobile cellular telecommunication services and such other services as the mobile cellular operators, from time-to-.time, are licensed to provide. (b) The Authority shall issue to each mobile cellular operator a third generation telecommunication radio frequency spectrum licence contemplated in paragraph (a)(i) against the payment of such fees, to be payable over a period, as the Minister shall determine by notice in the Gazette; and (ii) subject to such conditions as the Authority may specify in that licence. (c) For purposes of paragraph (b)(i), the Minister may specify by notice in the Gazette a multiple payment schedule pursuant to which the mobile cellular operators shall make payment, and the termsand conditions of such payment. (d) Prior to the date a third generation radio frequency spectrum licence takes effect, the holder of a licence which exi,sts at the commencement of the Telecommunications Amend.ment Act, 2001, shall, in accordance with radio regulations governing migration and clearing of radiospectrum bands, clear the spectrum to be occupied by such mobile cellular operator. (2) (a) The second national operator and Tekom shall each be deemed to be a holder of a third generation telecomrnunication radio frequency spectrum licence to provide public switched telecommunications services, and such other services as the second national. operator and Telkom, from time-to-time, are licensed to provide. 40 45 50 55 60