353
Production of books and records
58.
(1)
(2)
The Authority may, by notice in writing, direct a licensee to produce
or furnish to the Authority, at a time and place specified in the notice,
such accounts, records and other documents or information specified in
such notice and relating to any matter in respect of which a duty is imposed
on the licensee under this Act.
A licensee who fails to comply with this section commits an offence.
Inquiries and investigations
59.
(1)
(2)
(3)
The Authority may on its own motion or on application by interested
persons conduct inquiries and investigations with respect to any activity
prohibited or permitted to be done under this Act and the Authority may
appoint inspectors for this purpose.
If it appears to the Authority that a contravention has occurred, the
Authority may issue an enforcement order providing the subject of such
order 30 days in which to comply with the order or agree with the
Authority on a course of action to remedy the contravention and any person
who fails to comply with an order issued by the Authority commits an
offence.
The Authority shall have the powers to enforce the provisions of this
Act, and notwithstanding the foregoing, nothing in this Act shall oust
the jurisdiction of the civil courts:
Provided that no person shall be punished twice for the same offence.
Powers of enforcement
60.
(1)
(2)
The Authority shall have all the powers of a Magistrates Court of First Class
of record necessary to enforce and adjudicate on any matter or
proceedings under this Act.
Any substantive matter which the Authority is empowered to deal with
at its own discretion under this Act shall be entitled to be deferred on
appellate review of the Authority’s decisions in the High Court and may
be overturned in the event they are unsupported by the record of the
Authority’s proceedings, arbitrary and capricious, or an abuse by the
Authority of its discretion.
Disputes
61
The Authority shall adjudicate disputes and complaints arising between
telecommunication service providers, or between telecommunication service
providers and subscribers and shall establish procedures for the
adjudication of such disputes or complaints.