(a)
cause, permit or acquiesce in a sale, transfer, charge or other disposition
referred to in subsection (2);
(b)
issue or allot a share or cause, permit or acquiesce in any other
reorganisation of the share capital of that holder that results in (i)
a person acquiring a significant interest in that holder; or
(ii)
a person who already owns or holds a significant interest in the holder,
increasing or decreasing the size of that interest.
(4) The approval of the Commission required under subsections (1), (2) and (3) shall not
be unreasonably withheld.
Amendment of a frequency licence.
37.
(1)
A frequency licence may be amended (a)
by the written agreement of the parties;
(b)
by the Commission, where the occurrence of an event that cannot be
controlled (force majeure), national security considerations, changes in
national legislation or the implementation of international obligations
require amendment; or
(c)
where the Commission, taking into account the public interest, otherwise
considers amendment necessary to achieve the objectives of this Act.
(2) Before amending a frequency licence, the Commission shall give the licensee
notice in writing of the proposed amendment, giving reasons for the amendment and the
date by which the amendment shall take effect, and shall give the licensee the opportunity
to make submissions within the time limits, not being less than one month, which the
Commission may specify.
(3) The submissions referred to in subsection (2) may include proposed
alternatives to the amendment.
(4) Notwithstanding subsections (2) and (3), the Commission may cause the
immediate amendment of a frequency licence where there is, or is likely to be, a risk to national
security, or where immediate amendment is essential to the public interest.
(5) A person dissatisfied with a decision of the Commission may have recourse to
the measures established under section 44 of the Swaziland Communications
Commission Act, 2010.
Monitoring and enforcement of frequency spectrum licences.
29
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