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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(2) An electronic communications network service licensee that provides broadcasting signal distribution or multi-channel distribution services must—
(a) comply with the provisions of this Act and the frequency plan of the
Authority;
(b) provide broadcasting signal distribution only to a broadcasting service 5
provided under an appropriate and valid broadcasting licence; and
(c) take due cognisance of the environmental impact of his or her operational
activities and comply with all applicable laws relating to the protection of the
environment.
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(3) A common carrier must—
(a) subject to its technological capacity to do so and to the provisions of
paragraph (b), provide broadcasting signal distribution to broadcasting
licensees upon their request on an equitable, reasonable, non-preferential and
non-discriminatory basis;
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(b) in determining its tariffs, duly take into account the following:
(i) the different categories of broadcasting service licenses referred to in
sections 49, 50 and 51; and
(ii) the nature and technical parameters of the service provided to each
broadcasting licensee with a view to ensuring that the different tariffs are
appropriate to and commensurate with the various broadcasting services 20
to which they relate;
(c) carry public broadcasting services, including educational, commercial and
community services.
Self provisioning by broadcasting service licensees
63. (1) Broadcasting service licensees may self provide their broadcasting signal 25
distribution upon obtaining an electronic communications network services licence.
(2) A broadcasting service licensee may also provide any electronic communications
service upon obtaining an electronic communications services licence.
(3) A broadcasting service licensee may not provide a broadcasting service utilising
any portion of the radio frequency spectrum without first obtaining a radio frequency 30
spectrum licence in terms of this Act.
Limitations on foreign control of commercial broadcasting services
64. (1) A foreigner may not, whether directly or indirectly—
(a) exercise control over a commercial broadcasting licensee; or
(b) have a financial interest or an interest either in voting shares or paid-up capital 35
in a commercial broadcasting licensee, exceeding twenty (20) percent.
(2) Not more than twenty (20) percent of the directors of a commercial broadcasting
licensee may be foreigners.
Limitations on control of commercial broadcasting services
65. (1) No person may—
(a) directly or indirectly exercise control over more than one commercial
broadcasting service licence in the television broadcasting service; or
(b) be a director of a company which is, or of two or more companies which
between them are, in a position to exercise control over more than one
commercial broadcasting service licence in the television broadcasting
service; or
(c) be in a position to exercise control over a commercial broadcasting service
licence in the television broadcasting service and be a director of any
company which is in a position to exercise control over any other commercial
broadcasting service license in the television broadcasting service.
(2) No person may—
(a) be in a position to exercise control over more than two commercial
broadcasting service licences in the FM sound broadcasting service;
(b) be a director of a company which is, or of two or more companies which
between them are, in a position to exercise control over more than two
commercial broadcasting service licences in the FM sound broadcasting
service;
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