Wireless Business Solutions (Pty) Limited v Independent Communications Authority of South Africa (2013/11814)
Wireless Business Solutions (Pty) Limited v Independent Communications Authority of South Africa (2013/11814) [2014] ZAGPJHC 104 (1 April 2014)
The court held that the applicant's radio frequency spectrum licenses had expired automatically due to non-payment of annual license fees, as required by Regulation 9(3) of the Radio Frequency Spectrum Regulations. The argument that the respondent could elect whether to treat the licenses as expired was rejected; the regulation's deeming provision is mandatory and not discretionary. Regulation 12, which allows for suspension and withdrawal, does not conflict with Regulation 9, as they address different circumstances: automatic expiry for non-payment and suspension/withdrawal as an additional…
Source excerpt
- Radio Frequency Spectrum Licensing
- License Fee Nonpayment
- Administrative Action Review
- Search And Seizure
- Warrant Validity