26
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
Telecommunications licences
38.
(1)
(a)
service and technology neutral licences to a limited number of
applicants who intend to render a comprehensive telecommunications
service (including a mobile or fixed line telephony service);
(b)
other individual licences to applicants where the licence applied for
does not fall within the classes for which a class licence is required;
(c)
class licences for the classes of telecommunications services and
electronic communications networks set out in subsection (2).
The Authority may issue –
(2)
The Authority may issue class licences to persons who comply with the
provisions of this Act and such other conditions as may be prescribed, authorising –
(a)
the provision of telecommunications services which entail the routing
or other processing of information, but in respect of which the provider
of those services uses the facilities of another licensee to transport the
information concerned;
(b)
the construction, operation or use of an electronic telecommunications
network by any person for his or her own purposes where the network
concerned is not a private network contemplated in section 43(2);
(c)
the provision of such other telecommunications services and the
construction, operation or use of such other types of electronic
telecommunications networks as the Authority may prescribe after
having followed a rule-making procedure.
(3)
When the Authority receives an application for a licence contemplated
in subsection (1)(b), it may suspend the consideration of the application concerned and
instead make regulations as contemplated in subsection (2)(c), if in its opinion it is
likely that a number of similar licences will be issued.
(4)
The Authority may convert licences referred to in subsection (1)(b) to
class licences after regulations contemplated in subsection (2)(c) have been made.
(5)
The Authority may prescribe any matter relating to a class licence
which this Act authorises it to determine in respect of an individual licence.
(6)
The Authority may after having followed a rule-making procedure,
prescribe with the concurrence of the Minister that only a certain number (which
need not be more than one) service and technology neutral or other individual
telecommunications licences may be issued in respect of any specific category of
telecommunications service.
(7)
The Authority may determine that any category of telecommunications
service may only be rendered to a specific category of users, which category must be
specified in the licence.
(8)
The Authority may issue a licence for a specified geographic area,
which area must be specified in the licence.