broadcaster.
(2) Only one signal carrier licence shall be issued to a person other than a public
broadcaster.
(3) With the exception of a public broad caster, a broadcasting licence and a signal
carrier licence shall not be issued to the same person.
10
Application for licence
(1) The Authority sha ll, if it deter mines that there is a need for the provision o
f
additional broadcasting services , and after carrying out its functions in terms of the
First Schedule, publish a noti ce in the Gazette and in a national newspaper inviting
applications for licences to provide the br oadcasting services or systems specified in
the notice.
(2) Subject to subsection (1), an applicat ion for a lice nce shall be s ubmitted to the
Authority in the form and manner prescribed, and be acc ompanied by the prescribed
fee and such information or documents as ma y be prescribed or as the Authority may
require, including information concerning any tariff required in terms of section fortyfour.
(3) Within seven days of submitting his application in the prescribed manner and
form, an applicant shall publish his applic ation in a national ne wspaper at his own
expense and in a manner and form approved by the Authority, and the Authority shall
not consider the application until it has received proof of such publication.
(4) Within fourteen days of the publication of an application for a licence, any person
having any objection to the application
may lodge a written objection with the
Authority.
(5) The Authority shall examine all applications and objections thereto with a view
to short-listing those applicants who, in its opinion, may qualify to be licensed.
(6) Every applicant for a licence to provide any of the broadcasting services specified
in paragraph (a), (c), (d), (e) or (f) of subsection (2) of section seven, who is shortlisted in terms of subsection (5), shall be required to attend a public inquiry conducted
by the Authority for the purpose of determining his or her suitability to be licensed, at
a time and place to be determined in a written notice to such applicant.
[substituted by Act 6/2003 with effect from the 19th September, 2003.]
Every applicant shortlisted in ter ms of s ubsection (5) shall be required to attend a
public inquiry conducted by the Authorit y for the purpose of determining his
suitability to be licensed, at a time and place to be determ ined in a written notice to
such applicant.
(7) The Authority may refuse to consider an application for a licence referred to in
subsection (6) if, upon receiving sa tisfactory proof of service of the notice referred to
in subsection (6), the applicant fails to attend the inquiry.
[amended by Act 6/2003 with effect from the 19th September, 2003.]
(8) For the purposes of a public inquiry he ld in terms of subsection (6), the members
of the Authority shall have all of the powers, rights, privileges and duties conferred or
imposed upon a commissioner by the Commissi ons of Inquiry Act [Chapter 10:07],
other than the power to orde r a person to be detained in custody, and sections 9 to 13
and 15 to 18 of that Act shall apply, muta tis mutandis, in relation to any hearing
conducted by the Authority and to any pers on summoned to give or giving evidence
for the purpose of the hearing.
(9) After consideration of an application for a licence in te rms of this section,
whether after a public inquiry or otherwise, the Authority may issue or refuse to issue
the licence sought and notify th e applicant of its decision a nd, in the case of a refusal
to issue a licence, of the reasons thereof.
[subsection (9) substituted by Act 6/2003, whic h also repealed subsection (10), with
effect from the 19th September, 2003.]
(11) Within thirty days after the issue of a licence in terms of subsection (10) the
licensee shall, at his own expense, cause the licence to be published in a national
newspaper.