No. 4378
Act No. 8, 2009
Government Gazette 16 November 2009
25
COMMUNICATIONS ACT, 2009
(2)
The parties to any transaction transferring an interest in (or conferring
or transferring a right to appoint or dismiss a director of) any holder of a licence referred
to in subsection (1), must notify the Authority of that transaction within 15 days from
the conclusion of that transaction whether it transfers control in the licensee or not.
(3)
If the transfer has ultimately resulted in a change of control, the
Authority may impose necessary measures to annul the transfer or alleviate the change
of control.
CHAPTER V
TELECOMMUNICATIONS SERVICES
Definition for purposes of this Chapter
36.
For the purposes of this Chapter “licence” means a telecommunications
licence, unless the context indicates otherwise and “licensee” is construed accordingly.
PART 1
TELECOMMUNICATIONS LICENCES
Prohibition of provision of telecommunications services and operation of network
without licence
37.
(1)
No person may provide a telecommunication service except
under and in accordance with a licence issued to that person in terms of this Chapter,
unless any other provision of this Act or a regulation made in terms of subsection (5)
expressly authorises the provision of such service without a licence.
(2)
No person may construct, operate or use an electronic communications
network except under and in accordance with a licence issued to that person in terms
of this Chapter, unless any other provision of this Act or a regulation made in terms of
subsection (5) expressly authorises the performance of such action without a licence.
(3)
A licence confers on the holder the privileges and subjects him or her to
the obligations provided for in this Act or specified in the licence.
(4)
Subsection (1) and (2) does not apply to network infrastructure
established by the government in the interest of national defence and public security.
(5)
The Authority may make regulations –
(a)
prescribing the classes of telecommunications services that may be
provided without a licence;
(b)
prescribing the classes of electronic telecommunications network
which may be constructed, operated or used without a licence;
(c)
prescribing any matter relating to such services or networks that may
be imposed as the condition of a licence under this Act;
(d)
requiring the registration of any class of such providers or networks or
the provision of information to the Authority relating thereto;
(e)
prescribing any technical or other requirements relating to such services
or networks that will promote the objects of this Act.