Cap. 350 Art. 18Broadcasting frequencies.

(1) The Minister may, by notice assign to the Authority, for the purpose of the provision of services to be provided, licensed or contracted by it under this Act, such broadcasting frequencies as he may determine; and any frequency so assigned shall be taken to be so assigned for the purpose only of being used for the provision of those services:

Provided that after assigning a broadcasting frequency in accordance with this sub-article the Minister may vary from time to time the conditions regarding the use of that frequency by the holder of the broadcasting licence after the Minister has heard the submissions of the said licensee about the proposal for variation. A decision of the Minister taken in terms of this proviso shall -

(a) come into force after the said licensee is granted reasonable notice of the date of entry into force of the decision;

(b) comply with the proportionality principle and is not taken in a discriminatory manner;

(c) be in writing;

(d) include the reasons upon which it is based; and

(e) be notified to the holder of the licence and published in the Gazette.

(2) Any frequency assigned by the Minister under sub-article

(1) may be so assigned for use only in such area or areas as may be specified by the Minister when making the assignment.

(3) In the grant of radio and television broadcasting licences the Authority shall except where such broadcasts are to be transmitted exclusively by wire, indicate the broadcasting frequency to be used by the licensee, and it shall be the duty of the licensee, to limit his broadcasts to such broadcasting frequency. The Authority shall, in conjunction with the Minister, impose such conditions as it deems fit with regard to the apparatus to be used by the licensee and the manner in which such equipment is to be used by the licensee and the licensee shall abide by such conditions.

(4) The Authority shall ensure that the licensee limits his transmissions to the broadcasting frequency indicated in the licence and that he observes such conditions as may be imposed upon him in virtue of sub-article (3).

(5) The Minister shall give the Authority such technical assistance as it may reasonably require in fulfilment of its duties under this Act, against such payment as may from time to time be agreed to between the Minister and the Authority.

(6) Notwithstanding the provisions of sub-articles (1) to (5), the following provisions shall apply to nationwide television services:

(a) in the case of an applicant for a nationwide commercial broadcast television service, he shall inform the Authority on which electronic communications network the service will be carried. In doing so, the said applicant shall inform the Authority of the details of the network operator and the specific frequency on which the said service shall be transmitted;

(b) in the case of the public service broadcaster and of general interest objective television broadcasting services, transmission capacity shall, subject to such conditions as may be applicable to the use of such transmission capacity, be allotted by the Authority on the general interest objective network referred to in article 40(1).