BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) application made in terms of subsection (3) for summary judgment relates; as prima facie evidence of the facts stated in the certificate. (6) A certificate under the hand of an inspector shall, in any proceedings under this Part or in any criminal proceedings in respect of a contravention of this Part or regulations made under section forty-six for the purposes of this Part, be prima facie evidence of the facts stated therein and it shall not be necessary to tender oral evidence of those facts unless the court before which the proceedings are held so directs, in which event a postponement shall be allowed to enable the inspector whose oral evidence is required to attend. PART IX GENERAL 39 Public service obligations of licensees (1) In this section⎯ “emergency” means any event or circumstance resulting from a major accident, natural disaster, epidemic, civil unrest or public disorder or war which is declared to be such by the Minister by notice published in the Gazette; “emergency organisation” means, in respect of any locality, the police, defence forces, civil defence and any fire, ambulance or other emergency service; “national event” means any event or occasion which is declared to be such by the Minister by notice published in the Gazette. (2) A licensee shall provide such information and facilities as will enable a person to communicate with an emergency organisation free of charge in the event of an emergency occurring within any area serviced by the emergency organisation. (3) A licensee shall, as a public service, provide sufficient coverage of national events. (4) Every licensee shall, when providing an information service, provide a fair, balanced, accurate and complete service. (5) Every subscription satellite broadcasting licensee shall transmit an unencoded signal from a public broadcaster. 40 Complaint procedure of licensees (1) Every licensee shall establish a procedure for dealing with complaints by consumers of its services which ensures that⎯ (a) every such complaint is attended to within a reasonable time and in any case within fourteen days by a person having the authority to effect any remedial action that may be necessary; and (b) the complainant is made aware of his right to complain to the Authority if the complaint is not remedied. (2) Every licensee shall keep a record of all complaints made by consumers and make the record available for inspection at the request of the Authority. (3) If no complaint referred to in subsection (1) is attended to or remedied within the time there specified, the consumer concerned may lodge the complaint in a prescribed form with the - 33 -

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