(a) specifying the grounds upon which the order is to be issued and what the Authority considers is required
for the purpose of rectifying or avoiding any contravention or threatened contravention of any term or
condition of the licence; and
(b) stipulating the maximum period that the Authority considers reasonable for the implementation of any
requirement it proposes to order; and
(c) calling upon the licensee, if he wishes to make representations, to make them to the Authority within
such period from the date of service of the notice as it shall specify.
(6) After considering any representations made in terms of paragraph (c) of subsection (5), the Authority may
serve, or refrain from or defer serving, an order in terms of subsection (4), or serve an order on different terms.
(7) An order served in terms of subsection (4) may specify a penalty for each day that the licensee subjected
to the order is in default of compliance with the order, not exceeding the period and amount prescribed.
(8) The obligation to comply with an order served in terms of subsection (4) is a duty owed to any person
who may suffer loss or damage by a contravention of it.
(9) Civil proceedings for specific performance, an interdict, damages, the recovery of any penalty imposed in
terms of subsection (7) or other appropriate relief in respect of any contravention or threatened contravention of
an order served in terms of subsection (4) may be brought against the licensee concerned by the Authority and,
additionally, or alternatively, by any person referred to in subsection (8).
(10) The amount of any penalty imposed in terms of subsection (7) shall form part of the funds of the
Authority.
44 Powers of Authority in connection with radio station licences
(1) Without derogation from section forty-three, the Authority may at any time
(a) suspend for a period specified by the Authority or cancel a radio station licence;
(b) refuse to issue or renew a radio station licence;
if it is satisfied, after due inquiry, that the suspension or cancellation or the refusal to issue or renew the licence is
justified in the public interest.
(2) Without derogation from the generality of subsection (1), the Authority may cancel or refuse to renew a
radio station licence in terms of that subsection on the ground that
(a) the radio station in respect of which the licence was issued or the radio apparatus used in connection
therewith
(i) prevents the erection or installation of plant, radio or other apparatus or equipment of a cellular
telecommunication or telecommunication licensee; or
(ii) injures or interferes with the working of a radio station or the carrying on of a
radiocommunication service or telecommunication system established by a cellular
telecommunication or telecommunication licensee, whether before or after the date of issue of
the radio station licence; or
(iii) is likely to injure or interfere with radio or other apparatus, equipment, circuits, instruments,
wires and the like erected, installed or operated by a cellular telecommunication or
telecommunication licensee before or after the date of issue of the radio station licence;
or
(b) radiocommunication services or telecommunication systems established after the date of issue of the
radio station licence are available to the licensee and, in the opinion of the Authority, provide an
adequate means of communication for his purposes.
(3) If an appeal under section ninety-six in connection with a radio station licence to which subsection (2)
relates is withdrawn, abandoned or dismissed, the person having possession or control of the radio station in
respect of which the licence was issued shall dispose of the radio station within such period as the Authority may
specify in writing.
(4) No person whose radio station licence has been suspended in terms of subsection (1) shall, whilst his
licence is suspended, work the radio station or carry on any activity in respect of which the licence was issued for
the purpose of carrying on a telecommunication system or radiocommunication service.
(5) The Authority shall not be liable to refund to a person whose licence is cancelled or suspended in terms
of subsection (1) the fee or any portion of the fee paid on the issue of the licence.
45 Licensee to inform Authority of changes
(1) A licensee shall without delay inform the Authority of any material alteration in the information or
particulars furnished by him when he applied for his licence.
(2) A licensee, other than a private telecommunication licensee, shall without delay inform the Authority of
any transfer to or by any single person of more than ten per centum of the shares in the licensee.
46 Transfer of licences prohibited
No licensee shall assign, cede or otherwise transfer his licence to any other person without the prior approval
of the Authority.
20
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières