12.     Application for broadcasting and re-broadcasting licences

            (1) No person shall carry out any broadcasting or re-broadcasting activities except under and in accordance with a licence issued under this section to such person conferring on him or her the right to use a station for broadcasting or re-broadcasting.

            (2) An application for a broadcasting or re-broadcasting licence shall be made to the Secretariat and shall be accompanied with the following particulars-

     (a)     the name of the broadcasting service;

     (b)     the name and place of residence of the directors or producers of the broadcasting service;

     (c)     the name, place of business and place of residence, if any, of the proprietor thereof;

     (d)     any prescribed fees; and

     (e)     such other information as the Secretariat may require or as may be prescribed.

            (3) Regulations may provide for-

     (a)     the payment of an annual or other fees for broadcasting or re-broadcasting licences;

     (b)     the frequencies that may be used in the operation of a station, the power limitations in respect of a station and any other technical specifications;

     (c)     the prevention of electric and other disturbances of radio reception or of transmissions over any telegraph line;

     (d)     the location of a transmitter station and the geographical area to which the broadcast or re-broadcast may be made.

13.     Issue of licences

            (1) Subject to the availability of frequencies, and subject to the provisions of subsection (2), the Board may, on receipt of an application for a broadcasting or re-broadcasting licence, if it is satisfied that the applicant has fulfilled all the requirements for a grant of licence, issue a licence to the applicant.

            (2) A licence issued under subsection (1) may be issued subject to such conditions and restrictions, including geographical restrictions, as the Board may consider necessary, and such conditions and restrictions shall be endorsed on the licence.

14.     Restrictions on broadcasting or re-broadcasting of programmes

            A licensee shall not broadcast or re-broadcast-

     (a)     any material or programme of which he or she is not the copyright owner; or

     (b)     any broadcasting signal received by him or her for the purpose of re-broadcasting,

unless he or she has, prior to the broadcast or re-broadcast, obtained a written permission of the copyright owner of the material, programme, or re-broadcasting signal, as the case may be, to do so.

15.     Notice of change of particulars of licensee

            (1) Whenever-

     (a)     the name of any broadcasting or re-broadcasting service licensed under this Part is changed;

     (b)     any person acquires the proprietorship or any interest in the proprietorship of any broadcasting or re-broadcasting service under this Part;

     (c)     the director, producer or proprietor of any such broadcasting or rebroadcasting service is changed,

the proprietor of such broadcasting or re-broadcasting service shall lodge a notice of such change or acquisition with the Secretariat, and subject to the provisions of subsections (2) to (4), the Secretariat shall cause to be made such correction in the register as may be necessary.

            (2) The Secretariat shall refer, a notice of change or acquisition submitted to it under subsection (1), to the Chairman of the Board for his or her consideration and approval before any correction is made in the register.

            (3) Where the Chairman of the Board, after considering any notice of change or acquisition referred to him or her under subsection (2), is of the opinion that such change or acquisition, as the case may be, would be detrimental to the development of the broadcasting sector, he or she shall refer the matter to the Board for its decision.

            (4) The Board may-

     (a)     approve the change or acquisition, in which case, it shall cause the Secretariat to make the necessary correction in the register; or

     (b)     refuse to approve of the change or acquisition and revoke the licence of the licensee.

            (5) Every return and notice mentioned in this section, except a notice in relation to the change in name of any broadcasting or re-broadcasting service, shall be signed by every person therein named.

            (6) Any person who-

     (a)     knowingly lodges or causes to be lodged with the Secretariat any return or notice under this section which is false in any material particular; or

     (b)     carries out any broadcasting or re-broadcasting activities in contravention of this section,

shall be guilty of an offence.

            (7) For the purposes of this section the Board shall cause to be established and maintained a register of licensees wherein shall be entered every return made under this section.

16.     Production of broadcasting licences

            Every person required to be in possession of a broadcasting or re-broadcasting licence in accordance with the provisions of this Part shall produce the licence for inspection on demand by any person authorised thereto by the Board.

17.     Revocation of licences or refusal to renew licences

            (1) Where a licensee has failed to comply with any material condition included in his or her licence or has defaulted in payment of any fees imposed under this Part, the Board may by notice in writing to the licensee revoke the licence.

            (2) A licence shall not be revoked, nor shall its renewal be refused without giving the licensee a reasonable opportunity to be heard by the Board.

18.     Appeal

            Any person aggrieved by the revocation of his or her licence, or by the Board's refusal to renew his or her licence may appeal to the High Court within such time as may be prescribed.

19.     Record to be kept by licensee

            A licensee shall-

     (a)     keep and store sound and video recordings of all programmes broadcast or re-broadcast for a minimum period of three months after the date of transmission of the broadcast or re-broadcast, or for such further period as may be directed by the Board; and

     (b)     on demand by the Board produce such material that has been broadcast for examination or reproduction.

20.     Programmes not suitable for exhibition to children

            Without prejudice to the provisions of section 178 of the  Penal Code (relating to obscene publications) a licensee shall, where a programme to be broadcast or re-broadcast is not suitable to be exhibited to children, advise or warn members of the public accordingly.

21.     Code of practice

            Regulations may prescribe a code of practice which shall be observed by all licensees.