80 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (2) An electronic communications network service licensee that provides broadcasting signal distribution or multi-channel distribution services must— (a) comply with the provisions of this Act and the frequency plan of the Authority; (b) provide broadcasting signal distribution only to a broadcasting service 5 provided under an appropriate and valid broadcasting licence; and (c) take due cognisance of the environmental impact of his or her operational activities and comply with all applicable laws relating to the protection of the environment. 10 (3) A common carrier must— (a) subject to its technological capacity to do so and to the provisions of paragraph (b), provide broadcasting signal distribution to broadcasting licensees upon their request on an equitable, reasonable, non-preferential and non-discriminatory basis; 15 (b) in determining its tariffs, duly take into account the following: (i) the different categories of broadcasting service licenses referred to in sections 49, 50 and 51; and (ii) the nature and technical parameters of the service provided to each broadcasting licensee with a view to ensuring that the different tariffs are appropriate to and commensurate with the various broadcasting services 20 to which they relate; (c) carry public broadcasting services, including educational, commercial and community services. Self provisioning by broadcasting service licensees 63. (1) Broadcasting service licensees may self provide their broadcasting signal 25 distribution upon obtaining an electronic communications network services licence. (2) A broadcasting service licensee may also provide any electronic communications service upon obtaining an electronic communications services licence. (3) A broadcasting service licensee may not provide a broadcasting service utilising any portion of the radio frequency spectrum without first obtaining a radio frequency 30 spectrum licence in terms of this Act. Limitations on foreign control of commercial broadcasting services 64. (1) A foreigner may not, whether directly or indirectly— (a) exercise control over a commercial broadcasting licensee; or (b) have a financial interest or an interest either in voting shares or paid-up capital 35 in a commercial broadcasting licensee, exceeding twenty (20) percent. (2) Not more than twenty (20) percent of the directors of a commercial broadcasting licensee may be foreigners. Limitations on control of commercial broadcasting services 65. (1) No person may— (a) directly or indirectly exercise control over more than one commercial broadcasting service licence in the television broadcasting service; or (b) be a director of a company which is, or of two or more companies which between them are, in a position to exercise control over more than one commercial broadcasting service licence in the television broadcasting service; or (c) be in a position to exercise control over a commercial broadcasting service licence in the television broadcasting service and be a director of any company which is in a position to exercise control over any other commercial broadcasting service license in the television broadcasting service. (2) No person may— (a) be in a position to exercise control over more than two commercial broadcasting service licences in the FM sound broadcasting service; (b) be a director of a company which is, or of two or more companies which between them are, in a position to exercise control over more than two commercial broadcasting service licences in the FM sound broadcasting service; 40 45 50 55