38.
(1) The Commission shall ensure that radio frequency spectrum is used in accordance
with (a)
the terms and conditions of the relevant licence;
(b)
this Act or other law which the Commission is entitled to administer; and
(c)
a decision issued by the Commission.
(2) The Commission shall investigate a suspected breach of the terms and conditions, law
or decision referred to in subsection (1), 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.
PART VIII
MANAGEMENT OF NUMBERS
National numbering plan and allocation of numbers.
39.
(1) The Commission shall establish and manage the national numbering plan for
electronic communications services, and shall control the assignment of all national
numbering resources, and shall ensure that adequate numbers and numbering ranges
are provided for all publicly available electronic communications services.
(2) The Commission shall grant rights of use for numbers and number ranges
according to procedures that are objective, transparent and non-discriminatory.
(3) In developing the numbering plan referred to in subsection (1), the
Commission shall preserve, to the extent feasible, the assignment of numbers made
before the commencement of this Act.
(4) The Commission may attach conditions to rights of use for numbers to ensure
efficient and effective management of all numbering resources.
(5) The conditions referred to in subsection (4) may include, but are not limited
to, procedures by which providers of electronic communications services may assign or
re-assign numbers to users.
(6) The Commission shall prescribe fees for the use of the numbers under this
Part.
(7) The Commission shall, subject only to a limitation that may be specified by
the Minister on grounds of national security, periodically publish the main elements of
the national numbering plan and subsequent additions or amendments to that plan in the
Gazette.
30
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