34
(a) specifying the grounds upon which the order is to be issued and what the Authority
considers is required for the purpose of rectifying or avoiding any contravention or
threatened contravention of any term or condition of the licence; and
(b) stipulating the maximum period that the Authority considers reasonable for the
implementation of any requirement it proposes to order; and
(c) calling upon the licensee, if he wishes to make representations, to make them to the
Authority within such period from the date of service of the notice as it shall specify.
(6) After considering any representations made in terms of paragraph (c) of subsection (5),
the Authority may serve, or refrain from or defer serving, an order in terms of subsection (4), or
serve an order on different terms.
(7) An order served in terms of subsection (4) may specify a penalty for each day that the
licensee subjected to the order is in default of compliance with the order, not exceeding the period
and amount prescribed.
(8) The obligation to comply with an order served in terms of subsection (4) is a duty owed
to any person who may suffer loss or damage by a contravention of it.
(9) Civil proceedings for specific performance, an interdict, damages, the recovery of any
penalty imposed in terms of subsection (7) or other appropriate relief in respect of any
contravention or threatened contravention of an order served in terms of subsection (4) may be
brought against the licensee concerned by the Authority and, additionally, or alternatively, by any
person referred to in subsection (8).
(10) The amount of any penalty imposed in terms of subsection (7) shall form part of the
funds of the Authority.
44 Powers of Authority in connection with radio station licences
(1) Without derogation from section forty-three, the Authority may at any time⎯
(a) suspend for a period specified by the Authority or cancel a radio station licence;
(b) refuse to issue or renew a radio station licence;
if it is satisfied, after due inquiry, that the suspension or cancellation or the refusal to issue or
renew the licence is justified in the public interest.
(2) Without derogation from the generality of subsection (1), the Authority may cancel or
refuse to renew a radio station licence in terms of that subsection on the ground that ⎯
(a) the radio station in respect of which the licence was issued or the radio apparatus used
in connection therewith⎯
(i) prevents the erection or installation of plant, radio or other apparatus or
equipment of a cellular telecommunication or telecommunication licensee; or
(ii) injures or interferes with the working of a radio station or the carrying on of a
radiocommunication service or telecommunication system established by a
cellular telecommunication or telecommunication licensee, whether before or
after the date of issue of the radio station licence; or
(iii) is likely to injure or interfere with radio or other apparatus, equipment, circuits,
instruments, wires and the like erected, installed or operated by a cellular
Select target paragraph3
Add to table of contents