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Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
broadcasting service issued under this Act, where the operation of the network or the
provision of the service or the use thereof entails the use of radio waves as contemplated
in that subsection.
(7)
When a person applies for a licence to operate a network or provide
telecommunications services or broadcasting services, that person must also apply for
such spectrum licences as are necessary to render the service concerned.
(8)
The Authority must consider the application for the spectrum licence
together with the application for the other licence, and must ensure that such spectrum
licence is issued to the applicant to enable him or her to render the service for which
the other licence is issued: Provided that the Authority may refuse to issue a spectrum
licence if the applicant does not comply with such technical requirements for the issue
of a spectrum licence as the Authority may deem necessary.
(9)
The provisions of section 45 apply with the necessary changes in
respect of such spectrum licences as Telecom may require in order to render the
telecommunications services contemplated in that section.
(10)
The Authority may conduct examinations, or cause examinations to be
conducted, to determine the proficiency of any person to use or maintain a station as
contemplated in subsection (3) (i).
(11)
A licence, certificate or authority issued in terms of section 7 (1) (a), (c)
or (d) of the Radio Act, 1952 (Act No. 3 of 1952), and which was still valid immediately
before the date of commencement of this Act, is deemed to have been issued in terms of
this section.
(12)
The Namibian Defence Force or any other organ of the State is deemed
to be the holder of a licence issued under subsection (2) authorising it to use the radio
frequencies and groups of radio frequencies which had been assigned to it for defence
purposes or to the other organ immediately before the date of commencement of this
Act: Provided that the said Force or other organ must apply to the Authority within
six months after the date of commencement of this Act or such extended period as the
Authority may allow, for such a licence, and that the Authority must grant such a licence
in terms of this section to the Force or other organ.
(2) –
(13)
The Authority may amend a spectrum licence issued under subsection
(a)
to implement any frequency band plan or in the interest of orderly
frequency management, if the amendment will not cause substantial
prejudice to the licensee;
(b)
if requested thereto by the licensee concerned.
(14)
The procedures in relation to the amendment, renewal or transfer
of a spectrum licence, certificate or authority contemplated in this section will be as
prescribed.
(15)
Subsection (1) does not apply to a person who utilises radio waves –
(a)
in the course of making due and proper use of a telecommunication
service, the provision of which is duly licensed in terms of this Act, as
a customer or end user thereof;