28
Government Gazette 16 November 2009
Act No. 8, 2009
(c)
No. 4378
COMMUNICATIONS ACT, 2009
which special rights referred to in Part 5 the licensee concerned has in
respect of which class of telecommunications facilities.
(13)
The Authority may make regulations prescribing any matter referred to
in subsection (12) in respect of such class licences as may be prescribed.
(14)
When the Authority acts under subsection (12) or (13), it may –
(a)
make distinctions between licensees who are dominant and those that
are not, or between services for which licensees are dominant and those
for which they are not;
(b)
grant the rights or impose the duties only in respect of a specified class
of services or networks.
Selection criteria for telecommunications service licences
39.
(1)
Subject to section 45, the Authority must grant individual
telecommunications licences on the basis of selection criteria that are objective, nondiscriminatory, detailed and transparent.
(2)
The criteria referred to in subsection (1) must be prescribed by
regulation before the Authority may consider the issuing of a licence.
(3)
Without limiting the power to refuse a licence when the granting of a
licence is not in the public interest, the Authority may refuse to issue a licence on one or
more of the following grounds –
(a)
national defence or public security;
(b)
technical constraints due to the limited availability of frequencies;
(c)
the lack of technical and financial capability to substantially meet the
obligations arising out of the applicant’s operating conditions or the
fact that it does not meet prior specified selection criteria; or
(d)
the fact that the applicant has been subject to penalties referred to in
section 115(4).
(4)
The Authority may consider the following matters when it is considering
the granting of an individual licence –
(a)
the nature, characteristics, service coverage area and network extension
schedule;
(b)
the operating hours, quality and availability of the network and access
conditions;
(c)
the condition of confidentiality and neutrality of the service with
regard to the information transmitted and other customer proprietary
information;
(d)
the standards and specifications for networks and services;