No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
81
COMMUNICATIONS ACT, 2009
Production of books and records
119.
(1)
The Authority may by notice in writing direct a licensee or
provider of telecommunications services to produce or furnish to the Authority, at the
time and place specified in the notice, such accounts, records or other documents or
information specified in such notice and relating to any matter in respect of which a
duty or obligation is imposed on that person under or by this Act or which has been
prescribed or imposed as a condition to a licence.
(2)
The Authority may prescribe a mandatory period for the retention of
records which may not exceed eight years.
Summoning of witnesses
120.
When in the opinion of the Authority, it is likely that any person can
give evidence concerning any matter that is relevant to any matter considered at any
hearing held by the Authority in terms of this Act, the Authority may issue a summons
in the prescribed form instructing that person to attend a hearing of the Authority on a
date, time and place indicated in that summons.
Power to monitor compliance with the provisions of this Act
121.
(1)
the Authority may –
In order to monitor compliance with the provisions of this Act
(a)
use any radio apparatus to monitor telecommunications by radio
waves;
(b)
connect any equipment to the network of any licensee or the provider
of any telecommunications service in order to monitor any aspect of the
network that may be relevant for the performance of any function of the
Authority under this Act.
(2)
The Authority may require any licensee or any provider of
telecommunications services to provide any information necessary to make any
connection or in order to decrypt or interpret any information that the Authority may
require in order to exercise the power referred to in subsection (1).
(3)
The power referred to in subsection (1) may only be exercised in
order to gather general or statistical information relating to telecommunications or to
determine any technical question relating to any network that may be relevant to the
compliance with any provision of this Act, but the power may not be used to obtain the
contents of any message or information transmitted over that network, or to obtain any
information relating to the behaviour of any customer or user of any telecommunications
service.
Investigations by Authority
122.
The Authority may, on the application of any interested person or on its
own motion, conduct investigations with respect to any activity prohibited by this Act,
or for the purposes of doing anything required or permitted to be done under this Act.