No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
43
COMMUNICATIONS ACT, 2009
(9)
After a tender or bid as contemplated in subsection (7) has been
excepted, the Authority may conclude a contract with the licensee concerned for the
provision of the services concerned, subject to those conditions which were included in
the requests for bids or tenders.
(10)
The Authority may after having followed a rule-making procedure,
prescribe an accounting system that licensees must follow in order to calculate the cost
of complying with an order referred to in subsection (3).
(11)
If no regulations have been made under subsection (10), the licensee
and the Authority may agree on an accounting system, to be followed in a specific
case, if the Authority is of opinion that such a system will accurately reflect the cost of
providing the universal service to which the system concerned will apply.
(12)
The accounting system used to determine the costs of complying with
an order referred to in subsection (3), must be audited in respect of every licensee at the
expense of that licensee by a person who is registered as an accountant and auditor in
terms of the Public Accountants’ and Auditors’ Act, 1951 (Act No. 51 of 1951).
(13)
The audited statements referred to in subsection (12), as well as such
interim statements relating to the provision of universal service as the Authority may
request, must be submitted to the Authority.
Universal service report
58.
(1)
The Chief executive officer must in respect of each calendar
year after the commencement of this Act, prepare a universal service report in which
must be indicated in respect of the year concerned –
(a)
to which portions of the territory of Namibia and to which communities
in Namibia universal service is not being provided;
(b)
how much money stands to the credit of the universal service fund
and how much money is expected to be paid into the universal service
fund;
(c)
how the Authority intends to spend the money available in the Universal
Service Fund;
(d)
what steps the Authority intends to take in order to promote the
availability of universal service;
(e)
what steps have been taken in the previous year in order to promote
universal service;
(f)
any other matter that the Authority regards as relevant to the provision
of universal service.
(2)
The universal service report must be dealt with in the same manner as
the annual report of the Authority referred to in section 26.