32
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(7)
When acting in terms of subsection (6), the Authority must consider
all relevant matters relating to the market for telecommunications services and the
development of technology in order to determine whether the services are still necessary
and appropriate.
Ownership restrictions
46.
(1)
Subject to subsection (2) and (4), no licensee may be controlled
by any person that is not a Namibian citizen or a Namibian company and no more
than 49% of the stock in any licensee may be owned by persons that are not Namibian
citizens or Namibian companies that are controlled by Namibian citizens.
(2)
The Minister may beforehand authorise the acquisition of control or
ownership of stock that is prohibited by subsection (1).
(3)
Any transfer of control or ownership prohibited by subsection (1) is of
no force and effect.
(4)
Any acquisition of stock or transfer of control done before the
commencement of this Act is deemed to have been done with the permission referred to
in subsection (2), if such acquisition or transfer has complied with all legal requirements
applicable at the time of such acquisition or transfer.
PART 2
DUTIES OF PROVIDERS OF TELECOMMUNICATIONS SERVICES
Application of this Part
47.
(1)
Subject to section 38(12) and (13),the duties imposed by this
Part are imposed upon all holders of technology and service neutral licences.
(2)
Subject to section 38(12) and (13), the duties imposed by this Part are
owed to holders of technology and service neutral licences.
(3)
Unless the context indicates otherwise, a reference to “carrier” is
construed as a reference to the licensee who owes the duty or to whom the duty is
owed as the case may be in accordance with the provisions of subsection (1), (2),
determinations made in terms of section 38(12) or regulations made in terms of section
38(13).
Duties of carriers relating to promotion of competition
48.
(1)
(a)
afford access to its poles, ducts and conduits to other carriers on rates,
terms, and conditions that are consistent with this section;
(b)
establish reciprocal compensation arrangements for the transport and
termination of telecommunications;
(c)
negotiate in good faith the particular terms and conditions of agreements
to fulfil the duties described in this section, section 49, 50, 51(2) and
52.
All carriers have the duty to –