BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008)
(4) Within fourteen days of the publication of an application for a licence, any person
having any objection to the application may lodge a written objection with the Authority.
(5) The Authority shall examine all applications and objections thereto with a view to
shortlisting those applicants who, in its opinion, may qualify to be licensed.
(6)33 Every applicant for a licence to provide any of the broadcasting services specified in
paragraphs (a), (c), (d), (e) and (f) of subsection (2) of section seven, who is short-listed in
terms of subsection (5), shall be required to attend a public inquiry conducted by the Authority
for the purpose of determining his or her suitability to be licensed, at a time and place to be
determined in a written notice to such applicant.
(7) The Authority may refuse to consider an application for a licence referred to in
subsection (6) if, upon receiving satisfactory proof of service of the notice referred to in
subsection (6), the applicant fails to attend the inquiry.
(8) For the purposes of a public inquiry held in terms of subsection (6), the members of the
Authority shall have all of the powers, rights, privileges and duties conferred or imposed upon a
commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the power to
order a person to be detained in custody, and sections 9 to 13 and 15 to 18 of that Act shall
apply, mutatis mutandis, in relation to any hearing conducted by the Authority and to any
person summoned to give or giving evidence for the purpose of the hearing.
(9)34 After a consideration of an application for a licence in terms of this section, whether
after a public inquiry or otherwise, the Authority may issue or refuse to issue the licence sought
and notify the applicant of its decision and, in the case of a refusal to issue a licence, of the
reasons thereof.
(10)35 … [Repealed]
(11) Within thirty days after the issue of a licence in terms of subsection (10) the licensee
shall, at his own expense, cause the licence to be published in a national newspaper.
11 Terms and conditions of licence
(1)36 A licence shall be issued subject to⎯
(a) this Act; and
(b) the standard conditions specified in the Fifth Schedule and Seventh Schedule; and
(b1) the applicable requirements set out in Part I, II or III of the Seventh Schedule,
depending on the class of broadcaster being licensed.
(2) 37 Without limiting the range of conditions that may be imposed, the Board may in
addition impose a condition on a broadcasting licensee⎯
(a) requiring the licensee to comply with a code of conduct that is applicable to the
licensee in terms of section twenty-four; or
(b) designed to ensure that a breach of a condition by the licensee does not recur.
(3) Every licence for the provision of a radio, television or subscription cable broadcasting
33
34
35
36
37
Subsection substituted by s. 7 of Act 6/2003.
Subsection substituted by s. 7 of Act 6/2003.
Subsection (10) repealed by s. 7 of Act 6/2003.
Subsection amended by s. 10 of Act 19/2007.
Subsection amended by s. 10 of Act 19/2007.
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