27.     Service licence

            (1) No person shall provide a telecommunication service (including cellular telephony services, packet switched data services, paging services and voice over internet services) unless he has been granted a licence by the Authority to do so.

            (2) Notwithstanding the provisions of subsection (1), no licence shall be required for the following-

     (a)     the provision of telecommunication services on a private telecommunication system within a single area of a person's property, if such system is independent of the public system and does not cause damage, injury or interference to such public system;

     (b)     the provision of fax services, provided that no separate network is established;

     (c)     the operation of a public call box service;

     (d)     the publication of telephone directories; and

     (e)     the sale of terminal equipment other than radio equipment.

            (3) The following entities shall be exempt from the provisions of subsection (1)-

     (a)     the Botswana Defence Force;

     (b)     the Botswana Police Force;

     (c)     the Department of Civil Aviation;

     (d)     the Botswana Railways Corporation; and

     (e)     such other person as the Authority may by regulation exempt.

            (4) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable to a fine of not less than P10 000,00 but not more than P2 000 000,00.

28.     System licence

            (1) No person shall operate a telecommunication system unless he has a valid licence issued by the Authority to do so.

            (2) The Authority may, with the approval of the Minister, exempt, from the provision of subsection (1), such persons as it may prescribe.

            (3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable to a fine of not less than P10 000,00 but not more than P2 000 000,00.

29.     Applications for licences

            An application for a licence under this Act shall be made to the Authority in such form and accompanied by such fee, as the Minister may on the recommendation of the Board, prescribe.

30.     Assessment of licence applications by Authority

            (1) In assessing applications for any licence under this Part, and in making a decision as to whether it ought to grant a licence or renew a licence under this Act, the Authority shall be guided by the following general principles, namely, whether-

     (a)     the grant or renewal of the licence will facilitate the performance of the general functions of the Authority as set out in section 17;

     (b)     the grant or renewal of the licence will bring any benefits to the national economy and to the consumers of telecommunication services in Botswana; and

     (c)     the applicant can provide the services in respect of which the licence application or renewal application is made, in a safe and sustainable manner.

            (2) The Authority shall seek the approval of the Minister on all decisions made in relation to applications for fixed line telephony licences and cellular telephony licences.

31.     Applications through tendering process

            An application for a licence under this Act may, if the Authority deems it appropriate, be invited through a tendering process in accordance with such procedures as the Authority may determine.

32.     Validity of licences

            A licence issued under this Act shall be valid for such period as may be stipulated therein, and shall be subject to renewal at the end of such period.

33.     Renewal of licences

            An application for the renewal of a licence under this Part, accompanied by such fee as may be prescribed, shall be in such form as may be prescribed.

34.     Publication of licences granted

            The Authority shall cause to be published, in the Gazette, the grant of a licence under this Act, save that the grant of a radio licence shall not be so published.

35.     Conditions of licences

            (1) A licence granted under this Act may be granted subject to such conditions and restrictions, including geographical restrictions, as the Authority considers necessary, which conditions shall be endorsed on such licence.

            (2) The Authority may, on the written application of any licensee, waive or vary any condition endorsed on its licence.

36.     Revocation, suspension and endorsement of licences

            (1) Where any person contravenes any provisions of this Act or fails to comply with any lawful direction or requirement of the Authority under any provisions of this Act, or where the Authority is satisfied that the conditions of any licence are not being adhered to, the Authority may revoke, suspend or impose further conditions upon such licence, and shall publish a notice of such revocation, suspension or imposition in two consecutive issues of the Gazette and two newspapers in circulation in Botswana.

            (2) No revocation, suspension or imposition of further conditions upon a licence shall be made by the Authority until the person concerned has, by notice in writing, been given the opportunity, by the Authority, to rectify that contravention or failure, or to show cause within such time as may be specified, not being less than 14 days from the date of such notice, why the licence should not be so revoked, suspended or have further conditions imposed thereon.

37.     Transfer of licences

            (1) No licence granted under this Act shall be transferred, assigned or encumbered in any way without the prior approval of the Authority.

            (2) An application for the transfer, assignment or encumbrance of a licence shall be made to the Authority in such form as the Authority may prescribe, and upon payment of such fee as may be prescribed.

            (3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable to a fine of not less than P10 000,00 but not more than P2 000 000,00.

38.     Change of ownership of licence

            (1) A licensee who is a body corporate shall, where a change in the ownership thereof occurs, notify that change in writing to the Authority.

            (2) The Authority may, where in its opinion the change in ownership of a licence which is held by a body corporate would be detrimental to the development of the telecommunication sector or would not facilitate the exercise of the Authority's functions under this Act, revoke the licence thereof.

39.     Limitation of number of licences

            (1) The Authority may limit the number of licences which it will grant in respect of any particular type of telecommunication service and shall, where it does so, publish its reasons for so doing.

            (2) The Authority shall, not less than three months before doing so, or not less than three months before the expiry of any licence granted in terms of this Act, publish, in the Gazette, its decision to limit the number of licences which it will grant in respect of any particular type of telecommunication service.

40.     Exclusive licences

            The Authority shall not, without the prior written approval of the Minister, grant any exclusive licence under this Act.

41.     Register of licences

            The Authority shall maintain a register of all licences granted under this Act, which register shall be open for inspection by the public.