No. 4378
Act No. 8, 2009
Government Gazette 16 November 2009
57
COMMUNICATIONS ACT, 2009
(2)
Subject to subsection (3) and (4), the Authority may issue a broadcasting
licence only to –
(a)
a Namibian citizen; and
(b)
a juristic person of which at least 51 percent of the share holding is
beneficially owned by Namibian citizens and which is not controlled
directly or indirectly by persons who are not Namibian citizens
and which has its principal place of business or registered office in
Namibia.
(3)
The Minister may beforehand authorise the issue of a broadcasting
licence to a juristic person other than a juristic person referred to in subsection (2)(b).
(4)
Every application for a broadcasting licence must be made in the
prescribed form and must be accompanied by –
(a)
the prescribed application fee;
(b)
the prescribed deposit, if any;
(c)
the applicant’s proposals in relation to the nature of the service and a
programme schedule in regard to the daily transmission time allocated
to different programmes;
(d)
a statement of account setting out the financial resources available to
the applicant to conduct a broadcasting service; and
(e)
such other information as the Authority may deem necessary in order
to decide on the ability of the applicant to provide the broadcasting
service.
(5)
Where the application has not been successful, all amounts paid by the
applicant, except the prescribed application fee, must be refunded by the Authority to
the applicant, and no interest is payable on any such amount.
(6)
The Authority must cause notice to be given in the Gazette of every
application for the issue of a broadcasting licence received by it.
(7)
Any person may within fourteen days of publication of a notice in
terms of subsection (4) lodge with the Authority written representations opposing the
issue of a broadcasting licence, and such representations must be taken into account
when the Authority considers the application.
(8)
When considering an application for the issue of a broadcasting licence
the Authority must have regard to –
(a)
the character of the applicant or, if the applicant is a body corporate, the
character of its directors;
(b)
the adequacy of the expertise, experience and financial resources
available to the applicant;
(c)
the desirability or otherwise of allowing any person or association of
persons, to have control of or a substantial interest in –