Communications Act, 2009
Regulations regarding License Conditions for Broadcasting Service Licences, 2012
General Notice 309 of 2012
- Published in Government Gazette 5037 on 13 September 2012
- Commenced on 13 September 2012
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
The capitalisation of the regulation headings is reproduced here as it appears in the Government Gazette.
1. DefinitionsIn these regulations, any word or expression to which a meaning is assigned in the Act, shall have the same meaning and-“Act” means the Communications Act, 2009 (Act No. 8 of 2009).
2. PurposeThese regulations impose conditions on broadcasting licences in addition to the conditions imposed by the Act.
3. ApplicabilityThese regulations are applicable to -
5. Signal distributionSubject to applying for and being granted a spectrum use licence(s), all licensees, issued with a broadcasting licence in accordance with Annexure A, are duly authorised to provide their own broadcasting signal and to distribute such signal, and to install, maintain and operate the necessary infrastructure including multiplexer equipment in that regard, except in the event the respective licensee agrees with another party to provide signal distribution services for and on its behalf.
6. Technical conditionsThe licensees shall comply with the technical conditions as will be prescribed in terms of section 86 of the Act.
7. CompetitionThe licensees shall comply with sections 33 to 35 of the Act.
8. Facilities leasingLicensees have the rights and obligations to lease facilities from and to any other licensee, subject to and in accordance with arrangements agreed between them, failing which the Authority may take the appropriate steps.
9. Safety measuresLicensees shall, in respect of all apparatus, equipment and installations that it owns, leases or uses, take such measures as may be prescribed and in any event such reasonable and necessary safety measures to safeguard life or property, and limit exposure to electromagnetic emission and related risks.
10. Broadcasting codeThe Authority may make a broadcasting code in terms of sections 89 of the Act and shall enforce compliance with such code in terms of section 90 of the Act.
11. Payment of fees
12. Duration of licences
13. Ownership and controlThe licence shall be awarded subject to section 85 of the Act.
14. Amendment, renewal and transfer of licence or transfer of control of licenceFor the Amendment, renewal and transfer of licence or transfer of control of licence, the licensee shall comply with the “Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences”, published in Government Gazette No. 4785, Notice Number 272, dated 29 August 2011, as may be amended from time to time.
15. Reporting, monitoring and complianceThe Authority may request any information, determined by it as relevant from the licensees for the purposes of monitoring and ensuring compliance with the Act and the regulations prescribed by the Authority, to which request the licensee shall comply in the manner set out by the Authority and in terms of sections 90, 114-126 of the Act.
16. Regulatory offencesThe Authority will prosecute regulatory offences and enforce these licence conditions in terms of sections 114 and 115 of the Act.
17. Universal Service Fund and obligationsLicensees may be granted universal service obligations and/or may be required to contribute towards the Universal Service Fund in the manner as prescribed by the Authority in terms of relevant legislation and regulations, in the manner as set forth by the Authority, from time to time.
18. Revocation of licenceThe licence may be revoked in terms of sections 90, 114 and 115 of the Act.
19. Amendment of licence conditionsThe Authority may amend these conditions from time to time.
20. Supervision by authorityThe Authority shall supervise compliance with these conditions in terms of sections 90, 114 and 115 of the Act.
21. Duty to furnish informationThe licensees are obliged to supply information in advance to the Authority relating to changes regarding its contact details, contact persons, statistics on its broadcasting services, intended change of ownership, intended change of control, change of business address, court orders made against it, or any matter that materially affects its licensed operations, but not limited thereto.
History of this document
15 November 2017 this version
13 September 2012