28 No. 3
Electronic and Postal Communications
2010
(3) Where the licensee fails to respond in accordance with
this Act or where the licensee responds but subsequently withdraws
that response, the Authority may modify the licence as specified in
the notice.
(4) Where the licensee responds in accordance with subsection
(2)(c) the Authority may either(a) issue the licence modified in accordance with the
notice;
(b) issue the licence with modifications by incorporation
of the licensee’s response partially or wholly as it
may deem fit; or
(c) make no modifications to the licence.
Material
breach
21. The following shall constitute fundamental or material
breach (a)
failure of a licensee to commence constructions of the
network within twelve months from the date of
issuance of the licence;
(b) failure of a licensee to provide service to customers
within twelve months from the date of issuance of the
licence;
(c)
continuous interruption of service for a consecutive
or combined period of thirty days over any six
months period provided that the interruption is not a
result of force majeure;
(d) bankruptcy or filing of any insolvency proceeding
against the licensee or adjudication of the same in
favour of creditors of such proceeding is filed against
the licensee;
(e)
any proceeding or assignment of assets for the benefit
of creditors, or any state of the licensee which may be
considered as “insolvency” under any written law in
force;
(f)
repetition or continuation of an event of infraction
following written notice by Authority to cease
operation or a combination of the events of
infraction;