A 308
2003 No. 19
Communications
(a) the Commission shall by written notice have informed the licensee of its
breach under the said subsection and demanded that the breach be rectified, (if it
is capable of rectification), within 60 days from the date of the notice; and
(b) the licensee has failed to rectify the breach within the said time-frame.
(3) Prior to the suspension or revocation of an individual licence under
subsection (1)(a), (b), (c) or (d) of this section, the Commission shall inform the
licensee by written notice, as soon as practicable, of its intention to suspend or
revoke the licence and the reasons therefor.
(4) The affected licensee shall be given a reasonable opportunity to make
written submissions to the Commission within a time period specified in the notice
and such time period shall not be less than 14 days from the date of the notice.
(5) The affected licensee may, within the time period specified in the notice,
submit a written submission and the Commission shall consider the submission
in making its final determination and declaration on the suspension or revocation
of the individual licence.
(6) Subject to subsections (4) and (5) of this section, the suspension or revocation
of an individual licence shall take effect on the expiration of 30 days from the date
on which the notice of the Commission’s declaration under subsection (3) of this
section in respect of the suspension or revocation is served on the licensee.
(7) Where the suspension or revocation of an individual licence has taken
effect, the Commission shall, as soon as practicable, cause the suspension or
cancellation to be published in at least one national daily newspaper.
(8) Any delay or failure to publish the notice of suspension or revocation
shall not in any manner affect the validity of the suspension or revocation.
Effect of
suspension of
licence.
46.—(1) In the event of the suspension of a licence, the Commission shall
determine and communicate to the licensee the duration of the suspension and
the penalties that shall be attendant therefor which may include but shall not be
limited to withdrawal of assigned spectrum allocation.
(2) In determining the duration of and penalties consequent upon suspension
of a licence, the Commission shall take into consideration, amongst other factors,
the gravity of the breach that necessitated the suspension and any mitigating
circumstances or conduct thereof.
Effect of
surrender,
revocation,
etc.
47.—(1) Where the revocation of an individual licence under section 45 of
this Act or the surrender of an individual licence under section 44 hereof, has
taken effect, or where the individual licence has expired, the licensee shall
immediately lose the right to provide any service in respect of which the individual
licence was granted.
(2) Notwithstanding the provisions of subsection (1) of this section and without
prejudice to specific individual licence conditions, the Commission may authorise
the licensee in writing to carry on providing any facility or service for such duration
as the Commission may specify in the authorisation for the purpose of—
(a) winding up the licensee’s affairs ;