58 S.C. 128\02 contention that the allocation of frequencies should be entrusted to an independent regulating authority which, no doubt, will take into account the constraints relating to the limited frequencies available. Section 9(3) does not, in my view, create a monopoly. It merely provides that no person should be a holder of both a broadcasting licence and a carrier licence. If anything that section militates against monopoly. The applicant’s attack on this subsection appears in paragraphs 18.6.3 to 18.6.6 which provide as follows:- “18.6.3 It does not follow, however, that separation of producing and transmitting functions is of benefit to anyone. Broadcasters like Capital Radio are fully able to produce and transmit their own content and regard this as the full realisation of its right to freedom of expression. 18.6.4 It is submitted that there is no discernible benefit to citizens in the imposition of these provisions. There is no good or cogent reason for this split in function, and it is difficult to see the reason for the inclusion of these provisions in the Act. 18.6.5 It is Applicant’s submission that once again the only benefit that accrues is to the government and the ruling party in that they can now not only control who receives a broadcasting licence (which in effect becomes merely a programme producing licence), but they can also control the transmitting companies. This means that if a broadcaster was to become objectionable to them they could stop the service at the transmission company because this would be a completely different entity. 18.6.6 It is Applicant’s submission that the infringement to its right to freedom of expression is clear. It is not being given the right to be in control of the entities that would produce and transmit its material as is the case with most other broadcasters in the democratic world. This infringement has no discernible benefit to citizens and only seems to benefit the Second Respondent’s thirst for control. Therefore the harm is completely disproportionate to the negligible benefits.”