the Authority shall issue a cellular telecommunication licence, a postal licence, a radio station licence, a
telecommunication licence or a private telecommunication licence, as the case may be, to the applicant.
(5) Within thirty days after the issue of a licence referred to in subsection (4) the licensee shall, at his own
expense, cause the licence to be published in a newspaper circulating in the area in which he intends to operate as
a licensee.
(6) Subject to subsection (7) and to section ninety-six, if on consideration of an application in terms of
subsection (1), the Authority—
(a) is not satisfied as to the matters referred to in subsection (4); or
(b) considers that the service or system in respect of which the application is made is adequately provided
for by a prior licensee, or that the efficiency of the provision or operation of the service or system in
question by any prior licensee may be compromised if the application is granted; or
(c) considers that it would not be in the public interest to issue a licence to the applicant;
subject to regulations the Authority may refuse to issue a licence to the applicant concerned:
Provided that—
(i) before refusing to issue a licence on the ground referred to in paragraph (a), the Authority shall
notify the applicant in writing that it proposes to refuse the application and of its reasons for
doing so, and shall afford the applicant an adequate opportunity to make representations in the
matter;
(ii) within ten days after deciding to refuse to issue a licence on any ground, the Authority shall
notify the applicant in writing of its decision and of the reasons for it.
(7) The period between the Authority’s receipt of an application in terms of subsection (1) and all documents
and information submitted in support of it, and the date on which it notifies the applicant of its decision or
proposed decision in terms of subsection (4) or (6), as the case may be, shall not exceed six months unless the
applicant consents to an extension of the period.
38 Terms and conditions of licence
(1) A licence shall be issued subject to such terms and conditions as may be prescribed or as the Authority
may reasonably determine.
(2) In the case of a licence issued to an applicant referred to in subsection (2) of section thirty-seven, the
licence may be issued subject to the condition that the licensee shall divest himself within a specified time of any
holding of shares in another licensee exceeding ten per centum.
(3) No radio station licensee shall employ a person who is not a citizen of Zimbabwe ordinarily resident in
Zimbabwe to work or assist in the working or maintenance of a licensed radio station or to carry on or assist in
carrying on a radiocommunication service from a licensed radio station.
(4) It shall be a condition of every cellular telecommunication licence and telecommunication licence which
authorises the licensee to operate a radiocommunication service that the licensee shall comply with the
International Telecommunication Constitution.
(5) It shall be a condition of every postal licence that the licensee shall comply with the Constitution of the
Universal Postal Union.
(6) In issuing or renewing a radio station licence, the Authority may impose terms and conditions in regard to
the site at which, the purposes for which, the times during which and the manner in which the radio station in
respect of which the licence is issued is to be established and worked, the class or type of the radio station and the
method of its installation, and in so doing may exclude or vary, as circumstances may require, any prescribed
terms or conditions.
39 Form and period of validity of licence
(1) A licence shall be in the prescribed form and shall specify
(a) the type of licence; and
(b) the name of the licensee; and
(c) the date of issue and expiry of the licence; and
(d) any terms and conditions subject to which the licence is issued; and
(e) any other matters which the Authority considers necessary to give effect to this Act.
(2) A licence shall be valid for such period, whether definite or indefinite, as may be determined by the
Authority.
40 Register of licences
(1) The Authority shall maintain or cause to be maintained a register of licences in which shall be recorded,
in relation to each licence
(a) the name of the licensee; and
(b) the nature of the licence; and
(c) any terms and conditions subject to which the licence was issued; and
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