Final Draft/Rev.5

Limitation,
interruption,
termination of
service

44. (1) A licensee may not limit, interrupt or terminate the provision of
any telecommunications service unless(a)

it is justified by essential requirements for the efficient
provision of a telecommunications network or service;

(b)

ordered by the Authority to do so; or

(c)

it is justified on a commercial basis following the nonpayment or other breach of contract on the part of a
subscriber.

(2) A licensee shall, before it limits, interrupts or terminates the
provision of a telecommunications service in terms of sub-regulation
(1), give the subscriber concerned at least 14 days’ notice.
PART IV - Radio communication
National
radio
frequency
plan

45. (1) The Authority shall manage and control the use of or emissions
from the radio frequency spectrum and use of geostationary orbital
slots within the territory of Botswana and shall establish and maintain a
national radio frequency plan, which shall be published in the Gazette.
(2) The Authority shall, in accordance with the Act, have the power
to negotiate with the International Telecommunication Union, its
affiliated bodies and other countries’ regulatory bodies or entities for
the purpose of planning and co-ordinating radio frequency spectrum.

Frequency
assignments

46. (1) Frequency assignments shall adhere to the national radio
frequency plan.
(2) The Authority may assign frequencies on first come first
serve basis if it is satisfied that the frequencies can be shared without
causing harmful interference:
Provided that if the radio frequency spectrum is limited the
Authority may use competitive means to assign the spectrum.
(3) Every licensee assigned the use of frequencies or frequency
bands shall –
(a)

maintain a frequency register and provide, at the
Authority’s request, the frequency utilisation details in
terms of area of operation, transmit power, antenna
height and any other parameters which the Authority
may specify.

(b)

keep the licence in force by regular payment of annual
radio licence fees as may be prescribed from time to
time by the Authority; and,
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