88
Act No. 8, 2009
Government Gazette 16 November 2009
No. 4378
COMMUNICATIONS ACT, 2009
(4)
When the Authority reviews a licence, it may not change the period for
which the licence has originally been issued.
(5)
Subject to subsection (6), any person lawfully providing
telecommunications or broadcasting services or operating, constructing or using an
electronic communications network without a licence on the date of commencement of
this Act, where such actions are required to be licensed under this Act, must apply within
six months from the date of commencement of this Act for such licence or licences as
may be required to comply with the provisions of this Act.
(6)
If a licence to an applicant referred to in subsection (5) may not be
granted due to the fact that it is controlled by a person that is not a Namibian citizen or
that an insufficient percentage of its stock is held by Namibian citizens, the Authority
must refer that application to the Minister (together with its recommendation and the
submissions of the applicant) for the Minister to decide whether he or she will grant
such approval as may be required by this Act.
(7)
After the Minister has made his or her decision as contemplated in
subsection (6), he or she must inform the Authority of his or her decision and the
Authority must inform the applicant accordingly and if the approval has been granted,
it must deal with the application in terms of this Act.
(8)
Until the Authority informs the person contemplated in subsection
(5) or (7) of the decision concerned, that person may continue to render the services
concerned as if this Act were not yet in operation.
(9)
After the period referred to in subsection (5) has elapsed, the rendering
of the services contemplated in that subsection by a person who failed to apply for a
licence as contemplated in that subsection, is no longer lawful.
(10)
All applications for licences pending before the Namibian
Communications Commission established by section 2 of the Namibian Communications
Commission Act, 1992 (Act No. 4 of 1992), on the date on which this Act comes into
operation must be dealt with by the Authority as if that application have been made
under this Act.
(11)
The Authority must allow applicants to amend their applications to
comply with the provisions of this Act.
Short Title and Commencement
136.
(1)
This Act is called the Communications Act, 2009 and comes
into operation on a date determined by the Minister by notice in the Gazette.
(2)
Different dates may be determined under subsection (1) for different
provisions of this Act.
(3)
All steps that are necessary in order to appoint the members of the
Authority and the staff members of the Authority may be performed before this Act has
been put into operation.
(4)
Any regulations that may be made under this Act, may be made before
this Act has been put into operation and any steps forming part of a rule-making
procedure may be taken before the relevant provision of this Act has been put into
operation.