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Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
CHAPTER VI
BROADCASTING SERVICES
Definition for the purposes of this Chapter
82.
For the purposes of this Chapter, the term “licence” refers to a
broadcasting licence and “licensee” is construed accordingly.
Prohibition of the provision of broadcasting services without licence
83.
(1)
No person may broadcast or otherwise operate a broadcasting
service or do or permit anything to be done for which a broadcasting licence is required
in terms of this Act, unless he or she is in possession of the appropriate licence so
required, in addition to any other licence or certificate which may be required by this
Act for the transmission or operation of a broadcasting service undertaken by him or her
or for the doing of that thing.
(2)
A broadcasting licence is also required in respect of any broadcast
transmitted from outside Namibia if such broadcast is intended to be received only by
persons who subscribe to the service in question or provide any other consideration to
receive that service.
(3)
Any person who promotes such a service in Namibia or who receives
payment as consideration for access to such service is deemed to be operating the
service in question.
Categories of broadcasting licences
84.
(1)
Before this Chapter is put into operation, and thereafter
whenever it may be necessary, the Authority must conduct a rule-making procedure to
prescribe the categories of broadcasting licences.
(2)
When different categories of broadcasting licences are determined, the
following distinguishing characteristics of the services must be taken into account –
(a)
the method used to distribute the services concerned;
(b)
whether scarce resources such as portions of the radio spectrum are
used by the service;
(c)
the extent to which the licensee has editorial control over the contents
of channels or programs forming part of the services concerned and
whether the provider concerned is a provider contemplated in section
83(2);
(d)
whether the services concerned are community, commercial or public
broadcasting services.
Issue of broadcasting licences
85.
(1)
The Authority may, on such conditions as it may determine and
against payment of such fees as may be prescribed, issue a broadcasting licence in the
appropriate category prescribed in terms of section 84(1) conferring the right to provide
the services authorised by the licence.