(iii)
the classes, types and standards of broa dcasting apparatus capable o f
being used in connection with diffusion services.
(2) In exercising the powers conferred up on it by paragraph (b) or subparagraph (i)
of paragraph (c) of subsection (1), the Authority shall have regard to the International
Telecommunication Constitution and any other conventions and tr eaties to whic h
Zimbabwe is a party.
27
Unauthorised possession, establishment, operation of signal transmitting
stations, etc., prohibited
(1) No person shall—
(a)
possess a signal transmitting station other than a public broadcaster o r
a signal carrier licensee;
(b)
establish a signal transmitting station or erect broadcasting apparatus
at a site which has not been approved by the Authority; or
(c)
operate a signal transmitting station on a broadcasting service band
which is not a broadcasting service band allocated to the signal transmitting station by
the Authority; or
(d)
use in connection with a signal tran smitting station a mode o f
transmission or cause power to be radiated therefrom which is not the mode of
transmission or the radiated power approve d for the signal trans mitting station by the
Authority; or
(e)
establish or erect a signal transmitting station or broadcasting
apparatus which is not of a cl ass, type or standard appr oved by the Authority for use
in connection with that class of broadcasting service; or
(f)
establish, erect or work in connection
with a diffusion service
broadcasting apparatus which is not of a cl ass, type or standard approved by the
Authority; or
(g)
modify or extend a signal transmitti ng station or broadcasting
apparatus, whether or not used in connec tion with a diffusion service, otherwise than
in a manner approved by the Authority.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and
liable to a fine not exceeding one milli on dollars or to imprisonment for a period not
exceeding two years or to both such fine and such imprisonment.
(3) In addition to any punishment it may impose under subsection (2) and without
derogation from its powers under any enac tment, a court convicting a person o f
contravening subsection (1) shall declare forfeited to the State a ny equipment o r
apparatus used for the purpose of or in connection with the offence.
(4) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of
the Criminal Procedure and Evidence
Act [Chapter 9:07] shall apply, mutatis
mutandis, in relation to a declaration made in terms of subsection (3).
(5) If the Minister has reason to believe that a broadcasting service is being provided
from within or outside Zimb abwe in contravent ion of this Act, he may direct any
person having the technological means to do so at any time to use such means to stop,
scramble, obliterate or interf ere with the transmission or reception of the broadcaste r
concerned.
PART VII
BROADCASTING FUND
28
Interpretation in Part VII
In this Part—
“community centre” means any school, ra ilway station, polic e station and othe r
location providing a service to the community;
“disabled person” means a person who is substantially and permanently handicappe d
by any physical or mental disability;
“Fund” means the Broadcasting Fund established by section twenty-nine;
“under-serviced area” m eans any area that is not, in the opinion of the Authority,
adequately provided with broadcasting services.