No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
29
COMMUNICATIONS ACT, 2009
(e)
network provisions relating to national defence and public security;
(f)
network provisions relating to fair competition;
(g)
the licensee’s commitments to meeting its universal service
obligations.
(5)
With respect to the licensing of services provided over radio
frequencies, the Authority may in addition to any other power vesting in it, make
regulations requiring prior approval for the installation and operation of equipment to
avoid interference.
(6)
The Authority must prescribe the requirements with which the applicant
for every category of class licence must comply.
(7)
The Authority must grant a class licence to every applicant who
complies with the prescribed requirements and may not consider any other matter when
deciding whether to grant the licence in question.
Licensing procedures
40.
(1)
The Authority must by regulation determine open, nondiscriminatory and transparent procedures for the submission and consideration of
applications for licences and for the withdrawal and renewal of licences.
(2)
These procedures must include public notice and opportunity to
comment on applications and must specify the time periods within which the Authority
must resolve or otherwise act on applications and submissions relating to applications,
including applications for renewal.
Tenders and competitive bidding
41.
(1)
The Authority may under the prescribed circumstances and
subject to the prescribed conditions and procedures, by notice in the Gazette invite
tenders for the provision of the class of telecommunications services specified in that
notice.
(2)
On receipt of the tenders to provide the specified services, the Authority
may award such individual licences to any of the persons who submitted tenders to it as
in its opinion will promote the objects of this Act or it may decide to grant no licence.
(3)
The Authority is not compelled to accept the highest tender or any
tender that complies with the conditions specified in the notice inviting tenders.
(4)
If –
(a)
scarcity of radio wave frequencies or other resources makes it desirable
in the opinion of the Authority;
(b)
the Authority has with the approval of the Minister decided,
that only a specified number of persons must be licensed to provide the services
concerned it may by notice in the Gazette institute a system of competitive bidding that
is structured in the manner specified in that notice.