30
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(5)
After the process of competitive bidding is complete, the Authority
must consider all the bids received and may grant an individual licence to any person
who submitted a bid or may refuse to grant an individual licence to any person who
submitted a bid.
(6)
The Authority may by notice in the Gazette stop a process of competitive
bidding before the process has been completed.
(7)
When –
(a)
the Authority grants a licence or decides to grant no licence after
tenders have been received;
(b)
grants a licence or decide not to grant a licence after the process of
competitive bidding is completed; or
(c)
stops a process of competitive bidding under subsection (6),
it must by notice in the Gazette indicate the reasons for its decision.
Refusal, renewal, modification and termination of licences
42.
(1)
Prompt notice and grounds for such decision must be given to
the applicant when the Authority denies, in whole or in part, a licence application or
refuses to grant a renewal of a licence.
(2)
A licence may be modified upon a finding by the Authority that such
modification would serve the objects of this Act: Provided that the Authority has given
the licensee adequate advance notice of such modification and the grounds for such
modification and has given the licensee an opportunity to object to such modification.
(3)
If any fees or any other amount payable to the Authority by a licensee
are not paid on the date on which such fees are payable and remain unpaid after the
expiry of a period of seven days after the written notice by the Authority to the licensee
to remedy the default, the Authority may declare the licence to be forfeited.
Private networks
43.
(1)
The installation, administration and operation of private
networks do not require a licence if such networks and services conform with the
provisions of this Act and the basic qualifications and conditions that the Authority may
prescribe.
(2)
A private network for the purposes of this section means a network that –
(a)
connects only equipment situated on one erf or one piece of land
registered as such in the deeds office; and
(b)
does not have any radio apparatus in the network concerned, unless
the possession and use of that apparatus in such network has been
authorised by regulations made (or deemed to have been made) in
terms of section 101(16).