41.
(1) A person shall not make, buy, sell or control any equipment for radio
communications, or an apparatus intended to be used as a component part of that
equipment, without a licence issued for that purpose by the Commission.
(2)
A person shall not sell or give an apparatus referred to in subsection
(1) to a person who has not obtained a licence as required by subsection (1).
(3)
The Commission may recommend regulations to the Minister
exempting the operation or provision of certain public electronic communications
networks or services from the requirement of holding a licence referred to in
subsection (1).
(4)
A licence granted under this section may be issued subject to such
terms, conditions and limitations as the Commission may consider appropriate,
including in particular limitations as to the equipment which may be installed or used
under that licence and the places where, the purposes for which, the circumstances in
which and the persons by whom the equipment may be used.
(5)
A licence granted under this section may be revoked, or the terms,
conditions or limitations in that licence varied by notice in writing by the
Commission served on the holder of the licence or by a general notice, applicable to
licences of the class to which the licence in question belongs, published in the
Gazette.
(6)
The Commission may prescribe the fees to be paid for a licence issued
under this section, which fees shall be included in the licence and published in the
Gazette.
(7)
The Commission shall investigate a suspected breach of subsections
(1) and (2), or a breach of a condition in a licence issued under this section, in
accordance with section 36 of the Swaziland Communications Commission Act,
2010, and may subsequently take such action as the Commission considers
appropriate in accordance with section 42 of that Act.
Enforcement of regulations on use of apparatus.
42.
(1) Subject to subsection (2), if the Commission is of the opinion that an apparatus
does not comply with the requirements applicable to that apparatus under regulations
made for the purpose specified in section 90(1)(a) of the Swaziland Posts and
Telecommunications Act, 1980, and that (a)
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the use of the apparatus is likely to cause undue interference with a
radio communication used for the purpose of a safety of life service
or for a purpose on which the safety of a person or of a vessel, aircraft or
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