352 N o . 17 of 2002]

Independent
Broadcasting
Authority

Authority in writing that it does not intend to broadcast or
operate a diffusion service any longer;
(b) it is determined that the broadcaster or the operator of a
diffusion service presented incorrect data when applying
for the licence;
(c) the broadcaster or operator of a diffusion service has not
started broadcasting programmes or operating the diffusion
service within one hundred and twenty days of the issue of
the licence;
(d) the broadcaster or operator of a diffusion service without a
justified reason, stopped broadcasting or operating the
diffusion service for more than sixty consecutive days or
ninety days with intermissions during the calendar year;
(e) the broadcaster or operator of a diffusion service has failed
inspite of written notice, to comply with the conditions of
a licence; or
(f) the broadcaster or operator of a diffusion service inspite of a
written warning, does not pay the prescribed fees.
(2) Where a licenced broadcaster or operator of a diffusion service
does not comply with this Act or with the conditions of the licence, the
Authority shall notify the licensee with a warning of the measures
that the broadcaster or operator of a diffusion service should undertake
within a specified period in order to comply with the conditions of a
licence under this Act.
(3) If a broadcaster or operator of a diffusion service does not
comply with the notice, under subsection (2), within a specified period
of time, the Authority may, suspend the licence for a specified period
of time or cancel the licence.
(4) Before deciding on a suspension or cancellation of a licence,
the Authority shall afford an opportunity to the licensee to be heard.
(5) Any decisions of the Authority under this section shall be subject
to judicial review.
(6) The Authority shall not be liable to refund a broadcaster or
operator of a diffusion service whose licence is cancelled in terms of
this section, the fee or any portion of the fee paid on the issue of the
licence.

Select target paragraph3