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Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
the application in question and such representations must be taken into
account when the Minister considers that application.
(4)
(a)
The Authority may on application made to it in the prescribed
manner, renew a licence issued under subsection (1) for such further
period as may be prescribed.
(b)
An application referred to in paragraph (a) must be made not earlier
than six months and not later than 60 days before the date of expiration
of the existing licence.
(c)
The Authority may, when considering an application for the renewal of
a postal service licence require such new or additional information as it
may deem necessary to make a finding.
(d)
If a decision in connection with an application made under paragraph
(a) has not been reached by the Authority at the time when the period
of validity of the existing licence has expired, such licence continues to
be of effect pending such decision.
(5)
If any prescribed fees with regard to a postal service licence have not
been paid by a licensee on the date on which such fees are payable and remain unpaid
after the expiry of a period of seven days after a written notice by the Authority to such
licensee to remedy the default, the Authority may declare the licence concerned to be
forfeited.
(6)
(a)
The Authority may, where it is of the opinion that the conditions
of any postal service licence have been materially breached, request the
holder of such licence to make written representations to it regarding
the alleged breach.
(b)
If, after consideration of the written representations contemplated in
paragraph (a), the Authority is of the opinion that the holder of a postal
service licence has materially breached a condition of the licence
concerned, it may in addition to any other power that it has under this
Act, issue an order –
(i)
warning such licensee;
(ii)
imposing a fine on such licensee not exceeding N$10,000;
(iii)
suspending the licence concerned; or
(iv)
withdrawing the licence concerned.
(c)
Any fine imposed under subparagraph (ii) of paragraph (b) is for the
benefit of the Authority.
(d)
Whenever the Authority orders the withdrawal of a postal service
licence under subparagraph (iv) of paragraph (b) it must cause a notice
to be published in the Gazette containing details of such order.
(7)
A licensee must, within sixty days after the end of its financial year,
submit to the Authority his or her financial statements, audited by a person registered as