fee to which an application made in te rms of subsection (3) for summary judgement
relates;
as prima facie evidence of the facts stated in the certificate.
(6) A certificate under the hand of an insp ector shall, in any proceedings under this
Part or in any criminal pr oceedings in respect of a c ontravention of this Part o r
regulations made under section forty-six for the purposes of this Part, be prima facie
evidence of the facts s tated therein and it shall not
be necessary to tender oral
evidence of those facts unless the court before which the proc eedings are held so
directs, in which event a postponement shall be allowed to enable the inspector whose
oral evidence is required to attend.
[Section 38E inserted by Act 6/2003 with effect from the 19th September, 2003.]
PART IX
GENERAL
39
Public service obligations of licensees
(1) In this section—
“emergency” means any event or circum stance resulting from a major accident,
natural disaster, epidemic, ci vil unrest or public disorder or war which is declared to
be such by the Minister by notice published in the Gazette;
“emergency organisation” means, in resp ect of any locality, the police, defence
forces, civil defence and any fire, ambulance or other emergency service;
“national event” means any event or occasio n which is declared to be such by the
Minister by notice published in the Gazette.
(2) A licensee shall provide such information and facilities as will enable a person to
communicate with an emerge ncy organisation free of charge in the event of an
emergency occurring within any area serviced by the emergency organisation.
(3) A licensee shall, as a public service, provide suffic ient coverage of national
events.
(4) Every licensee shall, when providing an information servi ce, provide a fair,
balanced, accurate and complete service.
(5) Every subscription satellite broadcas ting licensee shall transmit an unencoded
signal from a public broadcaster.
40
Complaint procedure of licensees
(1) Every licensee shall establish a procedure for d ealing with complaints by
consumers of its services which ensures that—
(a)
every such complaint is a ttended to within a r easonable time a nd in
any case within fourteen days by a person having the author ity to effect any remedial
action that may be necessary; and
(b)
the complainant is made aware of his right to complain to the
Authority if the complaint is not remedied.
(2) Every licensee s hall keep a record of all complaints made by consumers and
make the record available for inspection at the request of the Authority.
(3) If no complaint referred to in subsection (1) is attended to or remedied within the
time there specified, the consumer concerned may lodge the complaint in a prescribed
form with the Authority.
(4) The Minister shall, on the advice of the Authority, prescribe the form and manner
in which complaints shall be dealt with.
(5) The Authority shall not deal with a co mplaint that is the subject of litigation
pending before a court.
41
Broadcasting licensees to keep records of programmes
In addition to the require ments of paragraph 5 of
the Fifth Schedule, every
broadcasting licensee shall, in the prescribed manner—
(a)
make and keep a record of every programme broadcast by it, which
record shall at all times be made available for ins pection by the Authority at its
request;
(b)
provide a copy of each of its programmes free of charge to the