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Telecommunications - Radio Communications (Ss 42-45)

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42.     Radio licence

 

            (1) No person shall-

     (a)     possess or operate a radio communication network;

     (b)     possess or operate radio communication equipment, whether in assembled or unassembled form; or

     (c)     erect a radio communication network,

unless he has a valid radio licence issued by the Authority to do so.

            (2) Notwithstanding the provisions of subsection (1), a person who possesses or operates equipment which can be used only for receiving radio messages shall not require a licence.

            (3) Notwithstanding the provisions of subsection (1), the following 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) A radio licence issued in terms of this section shall specify-

     (a)     the radio frequency allocated to the applicant;

     (b)     the type and characteristics of the antenna and radio transmitter to be used;

     (c)     the geographical area in which any mobile radio transmitter, where applicable, may be used;

     (d)     the place at which the antenna or fixed radio transmitter may be located;

     (e)     the obligation, if any, to share frequency space with any other person; and

     (f)      such other information as the Authority may prescribe.

            (5) The Authority shall grant a radio licence subject to the following conditions-

     (a)     that the radio transmitter will be used in such a manner that the licensed use of radio telecommunication equipment in Botswana and in any other country is not detrimentally affected;

     (b)     that the licensee shall observe the requirements of any international telegraph or radio telegraph Convention to which Botswana is party;

     (c)     that the use of the radio transmitter will not infringe upon the frequency space used by the Botswana Defence Force or the Botswana Police Force; and

     (d)     such other conditions as the Authority deems appropriate or necessary.

            (6) The provisions of sections 30 to 41 of this Act shall apply mutatis mutandis to radio licences.

            (7) 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.

 

43.     Radio frequency management

 

            The Authority shall-

     (a)     ensure the rational use of the radio frequency spectrum in Botswana by establishing and maintaining a national radio frequency plan;

     (b)     ensure that the needs of existing and new radio services are met;

     (c)     monitor radio frequency occupancy;

     (d)     make regulations and establish standards governing the use of frequency bands in accordance with international regulations;

     (e)     prescribe the conditions and tariffs applicable in connection with the allocation of radio frequencies to the holders of telecommunication licence holders;

     (f)      negotiate with other countries and with international organizations in connection with radio frequency spectrum management and matters related thereto;

     (g)     establish the necessary technical standards in relation to the radio frequency spectrum;

     (h)     allocate radio frequencies in a manner which will avoid harmful interference, particularly in relation to safety and anergic services; and

     (i)      ensure that an appropriate amount of radio frequency spectrum is available for government as well as non-government use.

 

44.     Prohibitions on sale, etc. of radio transmitter

 

            (1) No person shall sell, or otherwise dispose of, to any person who has not been granted a licence under this Act, a radio transmitter, whether or not it is assembled.

            (2) The onus shall lie on a person who deals in or sells radio communication equipment to ensure that any person who intends to buy or lease such equipment from him has been granted a licence under this Act.

            (3) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a fine of not less than P10 000,00 but not more than P500 000,00.

 

45.     Radio receiver and transmitter disturbances

 

            (1) The holder of a licence under this Act shall ensure that any radio transmitter or receiver used or operated by him does not disturb or interfere with the use of another radio transmitter or receiver, and shall, where such disturbance or interference occurs and he is so requested by any person, ensure that the disturbance ceases or is reduced to the extent possible.

            (2) 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 P5 000,00 but not more than P20 000,00.