No. 34

43

Communications

(5) The Authority may, in respect of any frequency spectrum
licence, determine and impose certain terms and conditions,
including the area for which the frequency spectrum licence is valid.
(6) where applicable, any frequency spectrum licence issued
under this section shall be issued at the same time as any related
communications licence.

(7) A person who contravenes subsection (2) commits an offence
and shall, upon conviction, be liable to a fine of k1,000,000 and
imprisonment for two years.
84. A licensee shall not transfer the right to use any frequency
to a third party.

85.__(1) Frequency spectrum licensees shall, in good faith,
co-ordinate their respective frequency usage with other licensees in
order to__
(a) avoid harmful interference among frequency spectrum
licensees;
(b) ensure efficient use of any applicable frequency band; and
(c) allow the provision of cost-efficient services.

Prohibition
on transfer of
frequency
spectrum
Frequency
co-ordination

(2) where frequency spectrum licensees are unable or unwilling
to co-ordinate in good faith in terms of subsection (1), the Authority
shall intervene and make a decision as it deems appropriate.

(3) The Authority shall issue rules governing the co-ordination
contemplated in subsection (1), which may include procedures for
the expedited resolution of disputes among frequency spectrum
licensees.
86.__(1) The Authority may require any person whom it has
reasonable cause to believe is a person required to hold a frequency
spectrum licence or other authorization under this Act to produce
the licence or authorisation.

(2) The Authority may, where authorized by a warrant issued by
a magistrate court, at any reasonable time, enter and search
premises that are owned or occupied by any person that the
Authority has reasonable cause to believe is__
(a) using frequencies in contravention of this Act; or
(b) causing harmful interference with other communications.

(3) The Authority may, having entered and searched the
premises, and upon being satisfied that an offence under this Act has
been committed or is about to be committed__

Power of
entry and
search

Select target paragraph3