No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
59
COMMUNICATIONS ACT, 2009
(e)
the manner in which the information must be modulated upon the radio
waves in question, including whether the service must be digital or
analog;
(f)
the duty to make spare capacity on transmitters, masts and towers
available to other licensees, the conditions under which such duty
exists, the extent of the duty, the payment for the use of such capacity,
the rights of the person who provides such capacity and any other
matter relating thereto; and
(g)
any matter relating to masts, towers or other facilities effecting the
environmental or aesthetic impact of such facilities.
(3)
The Authority may, in respect of any particular licence, amend any of
the conditions, including by adding further conditions –
(a)
if the Authority is of the opinion that it is in the interest of orderly
spectrum management;
(b)
in order to give effect to any international treaty in relation to
broadcasting to which Namibia is a party; or
(c)
at the request of the licensee.
(4)
No amendment may be made to the conditions of a broadcasting licence
in terms of paragraph (a) or (b) of subsection (3), unless the licensee concerned has been
granted the opportunity to make written representations to the Authority in connection
therewith.
(5)
The decision by the Authority to so amend or not, is, subject to the
provisions of Article 18 of the Namibian Constitution, final.
Duration of, renewal and lapsing of broadcasting licence
87.
(1)
(a)
in the case of a radio broadcasting licence, of five years;
(b)
in the case of a television broadcasting licence of ten years;
(c)
in the case of any other broadcasting licence, of the time prescribed
by the Authority: Provided that different periods may be prescribed in
respect of different classes of broadcasting licences.
A broadcasting licence is issued for a period –
(2)
The Authority may from time to time renew a licence for such further
period as provided for in subsection (1).
(3)
An application for the renewal of a licence must be made not earlier
than six months and not later than 60 days before the date of expiry of the existing
licence.
(4)
The Authority may, when considering an application for the renewal of
a licence, require such new or additional information as it may deem necessary to make
a finding.