Communications
2003 No. 19
A 305
PART II—LICENCE CONDITIONS
34.—(1) The Commission may, from time to time, make written declarations
that an individual licence, or a classification of individual licences, or a class
licence is subject to such terms and conditions, or enjoys such benefits, as the
Commission deems fit.
Commission’s
declaration.
(2) Any declaration on the conditions of licence shall be consistent with the
objects and provisions of this Act which are relevant to the particular undertaking,
matter or activity.
35.—(1) The Commission shall, before making a declaration under section 34
of this Act, give the affected licensees written notice of its intention to do so together
with a draft copy of the declaration, and the licensees may make written submissions
to the Commission thereon within the time period specified by the Commission but
not less than 30 (thirty) days from the date of the written notice.
Affected
licensees.
(2) The Commission shall, in deciding on the next course of action, take
into consideration any submission made by the affected licensees and the principles
specified in section 33(3) of this Act.
36. The Commission shall register every declaration as soon as practicable
and shall further maintain a register of all such declarations in accordance with
Part V of Chapter V.
Register of
Declarations.
37.—(1) The Commission may at any time amend, modify, vary or revoke
any licence condition or a declaration regarding a licence.
Expiration,
modification
or revocation
of
declaraations
(2) The procedures set out in sections 34, 35 and 36 of this Act shall apply
mutatis mutandis in respect of any amendment, modification, variation or
revocation of a licence condition or declaration.
38.—(1) The grant of a licence shall be personal to the licensee and the
licence shall not be operated by, assigned, sub-licensed or transferred to any
other party unless the prior written approval of the Commission has been granted.
(2) A licensee shall at all times comply with the terms and conditions of his
licence and the provisions of this Act and its subsidiary legislation.
Assignment
of licence and
compliance
with licence
conditions.
PART III—INDIVIDUAL LICENCES
39.—(1) Subject to subsection (2) of this section, a person may apply to the
Commission, in writing and in such form as the Commission may prescribe, for
an individual licence in respect of any matter requiring an individual licence
under this Act.
(2) For the purposes of subsection (1) of this section and notwithstanding
the provisions of section 33(1) of this Act, the Commission may from time to
time specify additional criteria and qualifications that shall be met by persons
wishing to apply for individual licences.
(3) The Commission may not grant an individual licence to a person if that
person is operating under an existing class licence in respect of the same service
or activity.
Application
for individual
licence.