(1) (d) all public, commercial and community broadcasting licenses considered to be granted or issued in terms of All licences granted, issued or deemed to have been granted or issued in terms of the Telecommunications Act, the Broadcasting Act and or the IBA Act, (in this chapter collectively referred to as ‘‘existing licences’’) remain valid under this Act until converted by the Authority in terms of section 85. This Chapter 15.

(2) Despite section 7 and subject to subsection (3), any Any person who, immediately before the commencement of this Act, lawfully provided a communications service any service or used the radio frequency spectrum in terms of the Telecommunications Act: the Broadcasting Act: or the IBA Act without a licence is considered deemed to have permissiona licence exemption in terms of section 6 to continue to provide such service, if or use the radio frequency spectrum-unless notified in writing bv the Authority that such service or the use of the radio frequency spectrum requires a licence in terms of this Act.

(a) such person applies to the Authority for the necessary licence within 90 days of the commencement of this Act; or

(3) The permission granted Where the Authority notifies a person that a licence is required in terms of subsection (2) is considered to continue until the Authority either—

(c) grants the licence. The notification must provide the terms and schedule pursuant to which a licence will be issued.

(5) (7) Any current applications pending before the Authority upon the coming into force of this Act must be considered to have been submitted in accordance with the provisions of this Act and the Authority must consider such applications in terms of Chapter 3.

(6) Despite the repeal of the Telecommunications Act by this Act, any equipment, including without limitation, any communications facility, radio apparatus or other equipment of any type having received approval of the Authority or having been found not to require approval in terms of Chapter VI of the Telecommunications Act or regulations prescribed thereunder shall be deemed approved or exempted, as applicable, subject to the terms of this Act

92 85. Licence conversion

(1) In any case where a holder of an existing licence notifies the Authority within the period of 90 days in accordance with section 84(5 Subject to subsection (4), the Authority must convert the existing licence of such licensee licence by granting one or more new licences that comply with Chapter 3. this Act on no less favourable terms.

(2) Despite sections 5(10 and 19(1), all licenses converted in accordance with this Chapter 15 shall retain their original terms of validity unless otherwise specified by the Authority .

(3) (2)The Within 30 days of the Commencement of this Act, the Authority must, subject to section 84(5), publish by notice in the Gazette a schedule in terms of which the Authority plans to undertake the existing licence conversion process such schedule to be subject to section 91(4). Such notice must-

(a) identify the holders of existing licences that must be converted through the process of granting new licences and the nature of the existing licence and those services that are exempted as provided for in section 6;

(b) subject to section 91(4) ,set out a time frame for such conversion, including but not limited to the expected time frame for granting new licences under this Act;

(c) set out the form and content, including information that must be provided to the Authority by the holders of existing licences to assist the Authority in the conversion process;

(d) set out the process the Authority plans to undertake in converting such existing licences; and

(e) confirm the rights of the applicants to participate in such process.

(4)(3) To the extent that existing licensees comply with section 84(5), The following framework must be used by the Authority for converting existing licences and re-issuing new licences:

(a) Where an existing licence authorises the holder of such licence to both provide services and operate communications facilities or networks, the Authority must re-issue to that licence holder-

(i) one or more licencesa licence relating to the communications services or application services; and broadcasting services , if applicalbe, that coincide with the services authorised in the existing licence;

(ii) separate licences relating to the radio frequency spectrum and communications network services, consistent with the licence categories types set out in Chapter 3.

(b) Where a licence holder licensed in terms of the IBA Act or the Broadcasting Act at the time this Act comes into force provides any services identified in Chapter 3 (whether authorised by separate licence or in connection with, or part of, a broadcasting license or any other licence) such licence holder must comply with section 84 regarding- Existing licences will be converted in accordance with the guidelines set out in Appendix A

(c ) (4) As part of the conversion process, the Authority may grant additional rights to the licensees with commensurate licence and impose obligations on the licensee in order to convert the existing licences in accordance with the provisions of this Act. conform the existing licenses to comply with this Act. including without limitation, the continuation of any obligations imposed upon existing; licensees by virtue of a previous determination of (i) significant market power; (ii) dominance or control over essential facilities: (iii) designation as a common carrier; or (iv) major operator. Such obligations remain in force until such time as the Authority completes a review under Chapter 10 of this Act.

(5) Upon conversion of any existing licence through the process of granting a new licence or exemption of any service in terms of section 6-

(a) such new licence or exempted service, as applicable, is governed by the provisions of this Act; and

(b) the existing licence is considered to have been surrendered and has no further force or effect.

(6) Subject to subsection (1), existing licences remain in full force and effect until converted by the Authority in terms of this section. All holders of existing licences must comply with the terms of the notice for converting their licences published by the Authority in terms of subsection (3), including without limitation, supplying the Authority with any information requested and participating in any process set out by the Authority for converting the applicable licences to meet the deadline for converting this Act and could lead to licence revocation.

(7) The Authority may not grant or include in any licence converted in terms of this section Chapter 15 any monopoly or exclusionary rights in any network or service contemplated by this Act or the related legislation and any such monopoly or exclusive rights existing by virtue of the related legislation. IBA Act. Sentech Act or Telecommunications Act are null and void: provided, however, radio frequency spectrum that is assigned by the Authority to a licence holder on an exclusive basis such as 900 MHz GSM shall not be considered monopoly or exclusionary rights under this subsection (8). No existing licensee may have any claim against the Authority or any other person asserting such monopoly or exclusionary rights.

(8) No existing licensee may have any claim against the Authority or any other person asserting such monopoly or exclusionary rights. During the transition period existing licences are considered to be individual licences for the provision of communications network services, broadcasting services, or communications services. as applicable, and for the use of the radio frequency spectrum granted by the Authority in terms of this Act and. despite section 8. remain subject to all terms and conditions associated with such licences that are not inconsistent with this Act until such licences are converted and re-issued in terms of this Chapter 15.

(1) In the event of any conflict between the provisions of this Act, the related legislation or any other law relating to the regulation of broadcasting or communications, the provisions of this Act prevail.

(1)Within twelve 18 months of the coming into force of this Act, the Authority may must repeal or amend the regulations made under-

(a) section 119A of the Post Office Act, 1958 (Act No. 44 of 1958);

(b) the Telecommunications Act;

(c) the Broadcasting Act;

(d) the IBA Act;

(e) the Radio Act; and

(f) the Sentech Act, which were in force immediately prior to the commencement of the this Act,

if required accordance with the provisions of this Act.

(2) The regulations referred to in subsection (1) remain in force until they are amended or repealed in terms of this Act.

(1) The laws referred to in the first column of the Schedule are repealed or amended to the extent indicated in the third column.

This Act is called the Convergence Act, 2005, and comes into operation on a date determined by the President by proclamation in the Gazette.