58
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(i)
more than one broadcasting service;
(ii)
more than one radio station and one television station and one
registered newspaper with a common coverage and distribution
area or significantly overlapping coverage and distribution
areas;
(d)
whether the applicant is likely to comply with such technical
broadcasting standards as the Authority may prescribe;
(e)
whether the conditions of a broadcasting licence will unjustly benefit
one licensee above another;
(f)
the allocation of spectrum resources in such a manner as to ensure the
widest possible diversity of programming and the optimal utilisation
of such resources: Provided that priority may be given to broadcasters
transmitting the maximum number of hours per day;
(g)
the reservation of radio wave spectrum resources for future use; and
(h)
the desirability of giving priority to community based broadcasts.
(9)
As soon as the Authority grants an application for the issue of a
broadcasting licence, it must cause notice thereof to be given in the Gazette and to the
applicant.
(10)
Subject to Article 18 of the Namibian Constitution, the decision of the
Authority to grant or refuse an application for the issue of a broadcasting licence is
final.
Conditions on broadcasting licences
86.
(1)
The Authority may impose such conditions on broadcasting
licensees as are appropriate for the category of broadcasting licence issued to the
licensee concerned.
(2)
relation to –
The conditions referred to in subsection (1) may include conditions in
(a)
the frequencies that may be used and the power limitations of
transmitters used in connection with the broadcasting services in
question, the technical servicing and inspection of equipment and any
other technical matters;
(b)
the prevention of electric and other disturbances of radio reception or
of transmissions over any telecommunications line;
(c)
the broadcasting of reports, announcements, news or other information
which is required to be broadcast in the public interest;
(d)
the location of a transmitter and the specific geographical area to which
the broadcast may be made;