(1) The Broadcasting Act [Chapter 12:01] is amended—
(a)
in the long title, by the deletion of “to confer upon the Corporation the
sole right to br oadcast in Zimba bwe; to provide for the licen sing of operators o f
diffusion services and of listeners;” and the substitu tion of “to provide for the
licensing of listeners;”.
(b)
by the repeal of section 1 and the substitution of—
“1 Short title
This Act may be cited as the Zimbabwe Broadcasting Corporation
Act [Chapter 12:01]
(c)
in section 27 by the insertion after ”Cor poration” of “, a person
licensed in terms of the Broadcasting Services Act [Chapter 12:06]”.
(2) The Postal and Telecommunications Ac t [Chapter 12:05] is amended in section
33 by the insertion in subsecti on (2) after “no person” of “other than the Zimbabwe
Broadcasting Corporation or a person licensed in terms of the Broadcasting Services
Act [Chapter 12:06]”.
First Schedule (Sections 3 (2)(a) and 10 (1))
PLANNING OF BROADCASTING SERVICE BANDS
Interpretation
1. In this Schedule—
“broadcasting service bands licence” means a commercial or community television
broadcasting licence or a commer cial radio broadcasting licen ce that licenses the use
of the broadcasting service bands as a means of delivering broadcasting services;
“frequency allotment plan” means a plan prepared in terms of paragraph 4;
“International
Telecommunication
Union”
means the International
Telecommunication Union constituted by
the International Telecommunication
Constitution;
“licence area” means a defined geographical area in respect of which a person may be
licensed to provide any specified class of broadcasting service;
“licence area plan” means a plan prepared in terms of paragraph 5.
Planning criteria
2. In performing its functions under this Act, the Authority, as the sole manager o f
all broadcasting service bands, shall promote the objects of this Act, having particular
regard to the economic and efficient use of the radio frequency spectrum, and to the
following—
(a)
demographics; and
(b)
social and economic characteristics within the licence area, within
neighbouring licence areas and within Zimbabwe generally; and
(c)
the number of existing broadcasting services and the demand for new
broadcasting services within the licence area, within ne ighbouring licence areas and
within Zimbabwe generally; and
(d)
developments in technology; and
(e)
technical restraints relating to the delivery or reception of broadcasting
services; and
(f)
the use of the radio frequenc y spectrum for services other than
broadcasting services; and
(g)
International Telecommunication Union standards and practices; and
(h)
future demand for broadcasting service bands; and
(i)
such other matters as the Authority considers relevant.
Authority to determine priorities
3. (1) Before preparing frequency allotment plans or licence area plans, the
Authority shall, by notice published in the Gazette, determine priorities, as between
particular areas of Zimbabwe and as betw een different parts of the broadcasting
services bands, for the preparation of t hose plans. In making its determination unde r
this paragraph, the Authority shall take into account the populations of the particula r
areas.