8
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(a)
a sound radio set or other device capable of receiving only frequencies reserved
for broadcasting by radio waves in the form of sound; and
(b)
a television set;
“regulation” means a regulation made under this Act or deemed to have been made
under this Act;
“resale” means the commercial offering to the public of telecommunications services
obtained from another carrier and “reseller” will be construed accordingly;
“rule-making procedure” means a procedure prescribed in terms of section 30(3);
“tariffs” means the published rates and other terms and conditions under which a
customer may receive telecommunications services;
“Telecom” means Telecom Namibia Limited established by section 2(1)(b) of the Posts
and Telecommunications Companies Establishment Act, 1992 (Act No. 17 of 1992);
“telecommunications licence” means a licence referred to in section 38(1);
“telecommunications services” means services whose provision consists wholly or
partly in the transmission or routing of information on telecommunications networks by
means of telecommunications processes but does not include broadcast services;
“universal service” means the services prescribed in terms of section 57(1);
“Universal Service Fund” means the Fund established by section 56;
“user” means any natural or juristic person, including customers, who uses or requests a
telecommunications service, whether or not that person pays for such service.
(2)
For the purposes of this Act, one person is an affiliate of another person –
(a)
if one of them directly or indirectly controls the other one of them;
(b)
if one of them holds directly or indirectly, an interest of 10% or more in
the other of them;
(c)
if they are both controlled directly or indirectly by the same person; or
(d)
if any person holds directly or indirectly an interest of more than 10%
in both of them.
(3)
For the purposes of this Act, one person is deemed to control another
person if the former has the power to direct or cause the direction of the management of
the latter person, whether through ownership of shares, voting, securities, partnership
or other ownership interest, whether by contract or otherwise and whether directly or
indirectly.
Objects of this Act
2.
The objects of this Act are –