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Gazette 5755

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GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA

N$8.40WINDHOEK - 8 June 2015No. 5755
No. 233Communications Regulatory Authority of Namibia: Notice in terms of Sections 101 and 85 of the Communications Act, 2009 (Act No. 8 of 2009) and the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences1
No. 234Communications Regulatory Authority of Namibia: Notice in terms of section 35 of the Communications Act, 2009 (|Act No. 8 of 2009) and Regulations 19 and 20 of the Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences4
No. 235Communications Regulatory Authority of Namibia: Notice of intention to make regulations to impose a universal service levy on telecommunications service providers: Communications Act, 20098
No. 236Communications Regulatory Authority of Namibia: Notice of intention to make regulations prescribing the provision of universal services levy by telecommunications service licencees: Communications Act, 2009 ________________11
General NoticesGeneral NoticesGeneral Notices
No. 2332015

NOTICE IN TERMS OF SECTIONS 101 AND 85 OF THE COMMUNICATIONS ACT, 2009 (ACT NO 8 OF 2009) AND THE REGULATIONS REGARDING LICENSING PROCEDURES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICE LICENCES AND SPECTRUM USE LICENCES

The Communications Regulatory Authority of Namibia, in terms of Sections 85 and 101 of the Communications Act, 2009 (Act No. 8 of 2009) read with Regulations 5, 6 and 11 of the ‘Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences’, in Government Gazette No. 4785, Notice No. 272, dated 29 August 2011, herewith gives notice that the applications for a commercial broadcasting licence and spectrum use licence by TV Worx CC has been declined.

REASONS FOR THE DECISION ARE AS FOLLOW:

Application for Commercial Broadcasting Service Licence & Spectrum Use Licence

TV Worx CC (hereinafter referred to as ‘the Applicant’) submitted an application for a commercial broadcasting service licence and spectrum use licence in accordance with sections 85 and 101 of the Communications Act, 2009 (Act No. 8 of 2009) (hereinafter referred to as the ‘Act’) and regulation 5 and 6 of the Regulations regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences as published in Government Gazette No. 4785, General Notice No. 272 of 29 August 2011 (as amended), for providing television broadcasting services via satellite for consideration by the Authority on 6 November 2013.

The Applicant submitted an application for a commercial broadcasting service licence and a spectrum use licence indicating its intention to provide satellite based free-to-air television broadcasting services utilising Platco Digital decoders.

The Applicant envisaged broadcasting on sixteen (16) channels grouped into four (4) content categories as indicated below-

The Applicant further intended to broadcast from the SES-5 satellite utilising the DBV-S2 broadcasting standard with MPEG-4 compression, selling decoders to the public to provide access to the services.

PROCEDURAL COMPLIANCE

Following due process in terms of Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences, the Authority published a notice in the Government Gazette No. 5402, General Notice No 12, dated the 31 January 2014, allowing fourteen (14) days for public comment. No public comments were received within the aforementioned time period and therefore no reply comments were requested from the Applicant.

SUBSTANTIVE COMPLIANCE

Commercial Broadcasting Application

When considering the award of a broadcasting service licence, the Authority is obliged to consider the following provisions of section 85(8) of the Communications Act-

The Authority is of the opinion that -

  1. The Applicant, despite intending to provide television broadcasting services via satellite by means of decoders, failed to provide programme schedules as required by Regulation 5 (2)(j) of the Regulations regarding Licensing Procedures for Telecommunications and Broadcasting Services Licences and Spectrum Use Licences on 12 March 2014 as well as proof of broadcasting rights. This was requested by the Authority;
  2. The Applicant further referred to a meeting with NBC and indicated that they (NBC) would work in conjunction with OVHD to have the NBC channels on the Platco Platform. There was however, no evidence submitted to the Authority confirming this;
  3. The Authority again requested the Applicant in a letter dated 10 April 2014 to submit the outstanding information in respect of the thirteen (13) remaining channels. The Applicant replied on 25 April 2014 that it cannot submit broadcasting rights for CNN, DW (Deutsche Welle) or Christian Network Channels on Intelsat 20. This information did not correspond to the original content submitted with its application;
  4. The Applicant further alluded to the fact the Platco is in discussion with NBC for the use of its platform. However, the Applicant did not submit any proof of liaison with the NBC in this regard;
  5. Subsequently, the Authority again requested the Applicant in a letter 17 June 2014 to submit the outstanding information. No reply was received from the Applicant;
  6. The Authority further requested the Applicant to submit a five year business plan to prove future sustainability in the offering of its intended broadcasting services on 6 October 2014. No reply was received from the Applicant; and
  7. A final letter was send to the Applicant on 29 January 2015 informing the Applicant that the Authority is unable to consider its application without receiving the outstanding information in respect thereof. The Applicant has not submitted any response herein to date.

The Authority therefore declined the application for a commercial broadcasting service licence to Applicant.

Spectrum Use Licence Application

Pursuant to the provisions of section 101(6) of the Act, an applicant may only be issued with a spectrum use licence, where the operation of a network or the provision of broadcasting service or the use thereof entails the use of radio waves.

Section 101(7) of the Communications Act stipulates as follows:

’ When a person applies for a licence to operate a network or provide telecommunications services or broadcasting services, that person must also apply for such spectrum licences as are necessary to render the service concerned.’

Section 101(8) places a duty on the Authority to consider the application for spectrum in conjunction with the application for a service licence and to ensure that such spectrum use licence as may be required is issued to enable the applicant to render the services for which the service licence is issued.

Read jointly, these sections suggest that if an applicant has applied for a broadcasting service licence, it must also have such spectrum use licence as is necessary to render the service concerned and further that a spectrum use licence is required in addition to a broadcasting service licence. It also indicates that a spectrum use licence cannot be issued for the provision of broadcasting services in the absence of a broadcasting service licence.

Subsequently a decline to the awarding of a broadcasting service licence, would naturally be accompanied by a decline of a spectrum use licence, because frequencies for broadcasting may only be utilized with a broadcasting service licence.

The Authority therefore declines the application for a spectrum use licence submitted by TV Worx CC.

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 234

NOTICE IN TERMS OF SECTIONS 31 OF THE COMMUNICATIONS ACT, 2009 (ACT NO 8 OF 2009) AND REGULATIONS 19 AND 20 OF THE REGULATIONS REGARDING LICENSING PROCEDURES FOR TELECOMMUNICATIONS AND BROADCASTING SERVICE LICENCES AND SPECTRUM USE LICENCES

The Communications Regulatory Authority of Namibia, in terms of section 31 of the Communications Act, 2009 (Act No. 8 of 2009) read with regulations 19 and 20 of the ‘Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences’, in Government Gazette No. 4785, Notice No. 272, dated 29 August 2011 (as amended), herewith gives notice that it has reconsidered the applications for a broadcasting service licence and a spectrum use licence by Nafish Trading CC t/a Amesho FM.

THE FOLLOWING ARE THE REASONS FOR THE DECISION:

Nafish Trading CC t/a Amesho FM (hereinafter referred to as ‘the Applicant’) submitted an application for a commercial broadcasting service licence and spectrum use licence in accordance with sections 85 and 101 of the Communications Act, 2009 (Act No. 8 of 2009) (hereinafter referred to as the ‘Act’) and regulations 5 and 6 of the Regulations regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences as published in Government Gazette No. 4785, General Notice No. 272 of 29 August 2011 (as amended), for providing FM Radio broadcasting services on 5 February 2014.

The Authority published its final decision to decline the application for a commercial broadcasting service licence and spectrum use licence in Oshakati submitted by Nafish Trading CC t/a Amesho FM in Government Gazette No. 5632, Notice No. 435 dated 15 December 2014.

The Applicant submitted an application for reconsideration to the Authority on 13 January 2015 in terms of section 30 of the Communications Act, 2009.

SUBSTANTIVE ISSUES DURING THE INITIAL APPLICATION

During the initial consideration of the application, the Authority took into account a number of concerns as indicated below-

Factors and relevant facts considered in initial application

When considering the award of a broadcasting service licence, the Authority is obliged to consider the following provisions of section 85(8) of the Communications Act-

‘(8) When considering an application for the issue of a broadcasting licence the Authority must have regard to-

After due consideration of the above captioned matters, the Board of Directors declined the application for a commercial broadcasting service licence and spectrum use licence in Oshakati submitted by the Applicant. The Board of Directors was of the opinion that the Applicant did not comply with the factors listed in section 85(8)(b), (d) and (f) of the Act in that-

In the opinion of the Authority, the Applicant therefore does not have sufficient financial resources to cover all operating expenses associated with the operation of a commercial broadcaster;

APPLICATION FOR RECONSIDERATION

The Authority published its final decision to decline the application for a commercial broadcasting service licence and spectrum use licence in Oshakati submitted by Nafish Trading CC t/a Amesho FM in Government Gazette No. 5632, Notice No. 435 dated 15 December 2014.

The Applicant submitted an application for reconsideration to the Authority on 13 January 2015 in terms of section 30 of the Communications Act, 2009.

GROUNDS FOR RECONSIDERATION

The Applicant did not provide any grounds to the Authority in support of its application for reconsideration other than submitting a revised business case. The Authority thus proceeded to reevaluate the business case provided.

SUBSTANTIVE ISSUES ON RECONSIDERATION

Based on the new facts presented, the Applicant intends to finance its broadcasting operations via an owner’s contribution and a bank loan. Although the Applicant has submitted a letter of intent from a bank, no amounts are mentioned and it is clearly indicated that the loan will only be considered should the Applicant meet the Bank’s credit criteria.

It should further be noted that the Applicant has amended the initial amount to be provided by Nafish Trading CC to the current owner’s contribution.

The Applicant has also submitted a quotation from SatCom (Pty) Ltd for the supply of transmitter equipment. This amount in itself constitutes 56.7% of the initial capital amount envisage by the Applicant to establish its operations. As a result of limited funds are available for other operational expenses to be encountered before the commercial launch of broadcasting services.

In order to evaluate the financial projects submitted by the Applicant, the Authority compared the projects with financial data collected from existing commercial broadcasters in Oshakati. The national broadcaster was not included in the comparison as it receives funding from government to carry out its obligations.

The Authority used data from the following broadcasters to compare to the financial projections submitted by the Applicant - Fresh FM, Omulunga, Radiowave, 99FM, Cosmos Digital Namibia (Pty) Ltd and Radio Kudu. It should be noted that these broadcasters provide services on a national basis and are not limiting their services to Oshakati only and therefore are able to generate advertising revenue from a national customer base.

The results of the comparison showed that on average operational expenses represent 99.2% of revenue. That implies that the profit margins for commercial broadcasters are very small. It was noted that the Applicant envisages that operational expenses will constitute only 58% of revenue. In the opinion of the Authority the expenses have been understated and the revised business case is very ambitious taking into account that the Applicant will only be broadcasting in Oshakati with no national advertisements whilst competing with commercial broadcasting, who broadcast nationally and are already earning a very marginal profit. The Authority is therefore of the opinion that the business case is not viable and herewith confirms its earlier view that the Applicant does not have sufficient resources to set up the radio station

The Applicant has not submitted a new programme schedule to provide the Authority with an insight as to whether he will be able to gain a competitive edge in the market or provide content different from current broadcasters in the same geographical area.

In light of the reconsideration of the information submitted with the application and evaluation thereof based on the criteria as set out in section 85(8)(b) and (f) of the Act and further in terms of section 31 of the Act and the Regulations regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licences the Authority herewith declines to award a commercial broadcasting service licence and spectrum use licence in Oshakati to Nafish Trading CC t/a Amesho FM.

Kindly note that section 32(2) of the Act further provides that any person who has a substantial interest in any proceedings before the Authority may not take any decision, order, regulation or any other action that is made or taken by the Authority as a result of such proceedings, on review after a period of six months from the date on which that person has become aware of the decision, order, regulation or action concerned.

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

No. 235

NOTICE OF INTENTION TO MAKE REGULATIONS TO IMPOSE A UNIVERSAL SERVICE LEVY ON TELECOMMUNICATIONS SERVICE PROVIDERS: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia, in terms of regulation 4(3) of the Regulations Regarding Rule-Making Procedures published as General Notice No. 334 of 17 December 2010 publishes this Notice of Intention to Make ‘Regulations to Impose a Universal Service Levy on Telecommunications Service Providers’, which contains the following:

  1. A draft of the proposed Regulations as set out in Schedule 1;
  2. A concise statement of the purpose for the proposed Regulations as set out in Schedule 2.

The public may make oral submissions to the Authority on the proposed regulations at a time, date and place notified by the Authority by subsequent notice in the Gazette .

The public may also make written submissions to the Authority no later than thirty-one days from the date of publication of this Notice of Intention to Make Regulations, in the manner set out below for making written submissions.

Reply comments to written submissions may be submitted to the Authority-

All written submissions must-

All written submissions must be sent or given in any of the following ways:

  1. By hand to the head offices of the Authority, namely Communication House, No 56 Robert Mugabe Avenue, Windhoek.
  2. By post to the head offices of the Authority; namely Private Bag 13309, Windhoek, 9000;
  3. By electronic mail to the following address: legal@cran.na;
  4. By fax to email to: 0886550852

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

Definitions

  1. In these regulations, any word or expression to which a meaning is assigned in the Act, shall have the same meaning and -
  2. ‘Act’ means the Communications Act, 2009 (Act No. 8 of 2009);
  3. ‘annual turnover’ means a licensee’s total revenue determined from its financial statements;
  4. ‘financial statements’ means a licensee’s audited annual financial statements or, if a licensee is not required by law to audit its financial statements, its annual financial statements signed and sworn by the accounting officer of the licensee;
  5. ‘licensee’ means a person to whom a telecommunications license has been issued in terms of section 38 of the Act;

Submission of documents to the Authority

  1. Whenever documents are required to be delivered to the Authority, such documents must be delivered physically or electronically -

Imposition of universal service levy

  1. (1) Every licensee must annually pay the universal service levies as indicated in the table below for each telecommunications service license the licensee holds:
Category of LicenseAnnual Percentage Levy
Telecommunications - Individual Comprehensive (ECNS and ECS)Universal Service Levy %=Minimum (0.5%, 0.00000000002*Turnover)
Telecommunications - Class ECNSUniversal Service Levy %=Minimum (0.5%, 0.00000000002*Turnover)

SCHEDULE 1

PROPOSED REGULATIONS TO IMPOSE A UNIVERSAL SERVICE LEVY ON TELECOMMUNICATIONS SERVICE PROVIDERS: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority, in terms of sections 56 read with section 129 of the Communications Act, 2009 (Act No. 8 of 2009), makes the regulations set out in the Schedule.

SCHEDULE

Telecommunications - Class ECSUniversal Service Levy %=Minimum (0.5%, 0.00000000002*Turnover)
Telecommunications - Class Comprehensive (ECNS and ECS)Universal Service Levy%=Minimum (0.5%, 0.00000000002*Turnover)

(2) In instances where a licensee holds any combination of licences, such licensee may calculate the levy based on its annual turnover from the aggregated revenue generated from the combined licences.

Payment of levies

  1. (1) Levies payable in terms of these regulations must be paid no later than 6 months after the end of the licensee’s financial year.

Interest and Penalties

  1. (1) If a licensee fails to pay any levy due and payable in terms of these regulations, the licensee must pay interest on the overdue amount from the due date for payment of such levy to the date of payment, at the rate of three percent above the overdraft interest rate charged by the Authority’s bankers.

the Authority may declare all licenses held by the licensee cancelled and may impose a penalty not exceeding N$5,000,000.00.

(7) Before declaring any licence of a licensee as cancelled in terms of sub-regulation (5) and before imposing any penalty contemplated in this regulation the Authority must follow the procedures specified in sub-regulations (7) and (8) hereunder.

(8) The Authority must give the licensee referred to in sub-regulation (7) an opportunity to be heard and must grant a period of not less than 14 days to the licensee within which to make representations to the Authority on the question of whether or not any license of the licensee should be cancelled or any penalty imposed.

(9) After consideration of the representations referred to in sub-regulation (6) or, if no such representations have been made, the Authority must determine if the licensee’s license should be declared as cancelled or if a penalty must be imposed, as the case may be.

SCHEDULE 2

CONCISE STATEMENT OF THE PURPOSE OF THE PROPOSED REGULATIONS

The purpose of the proposed Regulations to Impose a Universal Service Levy on Telecommunications Service Providers is to:

No. 236

NOTICE OF INTENTION TO MAKE REGULATIONS PRESCRIBING THE PROVISION OF UNIVERSAL SERVICE BY TELECOMMUNICATIONS SERVICE LICENSEES: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority of Namibia, in terms of regulation 4(3) of the Regulations Regarding Rule-Making Procedures published as General Notice No. 334 of 17 December 2010 publishes this Notice of Intention to Make ‘Regulations Prescribing the Provision of Universal Service by Telecommunication Service Licensees’, which contains the following:

  1. A draft of the proposed Regulations as set out in Schedule 1;
  2. A concise statement of the purpose for the proposed Regulations as set out in Schedule 2.

The public may make oral submissions to the Authority on the proposed regulations at a time, date and place notified by the Authority by subsequent notice in the Gazette .

The public may also make written submissions to the Authority no later than thirty-one days from the date of publication of this Notice of Intention to Make Regulations, in the manner set out below for making written submissions.

Reply comments to written submissions may be submitted to the Authority-

All written submissions must-

All written submissions must be sent or submitted in any of the following manners:

  1. By hand to the head offices of the Authority, namely Communication House, No 56 Robert Mugabe Avenue, Windhoek.
  2. By post to the Authority; namely Private Bag 13309, Windhoek, 9000;
  3. By electronic mail to the following address: legal@cran.na;
  4. By fax to email to: 0886550852
  5. By facsimile faxed to +264 61 222 790;

L.N. JACOBS
CHAIRPERSON OF THE BOARD OF DIRECTORS
COMMUNICATIONS REGULATORY AUTHORITY OF NAMIBIA

SCHEDULE 1

PROPOSED REGULATIONS PRESCRIBING THE PROVISION OF UNIVERSAL SERVICE BY TELECOMMUNICATIONS SERVICE LICENSEES: COMMUNICATIONS ACT, 2009

The Communications Regulatory Authority, in terms of section 57 read with sections 23, 41 and 129 of the Communications Act, 2009 (Act No. 8 of 2009), provides for the making of these regulations set out in this Schedule.

PART 1

Definitions

  1. In these regulations, unless the content indicates otherwise, any word or -expression to which a meaning is assigned in the Act, shall have the same meaning and -

‘Act’ means the Communications Act, 2009 (Act No. 8 of 2009);

‘Emergency centres’ means centres that facilitate the carrying out of emergency communications to emergency organisations;

‘Emergency organisations’ means-

‘Fund’ means the Universal Service Fund as defined in section 1 of the Act;

‘Health facility’ means a health facility as defined in section 1 of the Hospitals and Health Facilities Act, 1994 (Act No. 36 of 1994);

‘Higher education institution’ means any institution established by or under any law or -registered as a higher education institution in terms of the Higher Education Act, No. 26 of 2003;

‘Hospital’ means a hospital as defined in section 1 of the Hospitals and Health Facilities Act, 1994 (Act No. 36 of 1994);

‘ICT’ means information and communications technology;

‘Licensee’ means a person to whom a telecommunications service license has been issued in terms of section 38 of the Act or deemed to hold such licence as contemplated in terms of section 45 of the Act;

‘Market gap analysis’ means the process of identifying and evaluating the requirements of a geographic area, market segment or target population and possible solutions to meet these requirements, and includes the identification of the true access gap zone and the smart subsidy zone;

‘School’ means any primary, secondary or special school as defined in the Education Act, 2001 (Act No. 16 of 2001);

‘Smart-subsidy zone’ means a specific geographic area, a segment of the Namibian population or other segment of the telecommunications market, which is unable to use telecommunication services and may require a subsidy to mitigate commercial risks, making the area or segment, as the case may be, more attractive to commercial operators;

‘Status quo analysis’ means an analysis of the current state of the ICT industry in a specific geographic area, a segment of the Namibian population or other segment of the telecommunications market including universal access and universal service provision;

‘True access gap zone’ means a specific geographic area, a segment of the Namibian population or other segment of the telecommunications market that is beyond the smart subsidy zone and commercial viability;

‘Universal access’ means the availability, affordability and accessibility of telecommunication services to the general public through public access points in accordance with the processes and criteria set out in these regulations;

‘Universal service provision’ means the extent of universal access to electronic communications services that are provided at affordable prices and identified by following the processes and criteria provided for in these Regulations for universal services; and

‘Website’ means the Authority’s official website with the uniform resource locator, www.cran.na.

Submission of documents to the Authority

  1. Whenever documents are required to be delivered to the Authority, such documents must be delivered physically or electronically -

Minimum telecommunications services to be made available by licensee

  1. The following telecommunications services are the minimum set of services that a licensee must make available-

Telecommunications facilities and services

  1. (1) A licensee must, subject to its licence conditions, and as a minimum number make the following telecommunications facilities or services available to a community with a size of not less than fifty persons:

Telecommunications services and equipment

  1. (1) A licensee must-

the categories of communities and customers specified by sub-regulation (2).

Telecommunications services available to the public

  1. (1) A licensee must make the services referred to in regulation 3 available to the general public or the category of place that serves the needs of the public or that are available for use by the public specified by sub-regulation (2).

Deployment of technology

  1. The Authority may within such period as the Authority deems fit require a licensee to provide periodic reports and returns regarding universal service provision and universal access and such other information concerning the implementation of these Regulations stipulated by the Authority in writing.

Administration of Fund

  1. (1) The Authority must, to facilitate the administration of the Fund, open a bank account with a banking institution as defined in section 1 of the Banking Institutions Act, 1998 (Act No. 2 of 1998),

Universal service department

  1. (1) In order to ensure proper management and separate accounting of the Fund, and the proper management of universal access and service projects, the Authority has established a universal service department as part of its organizational structure.

Implementation of Fund projects

  1. The universal service department is responsible for project management of every accepted tender proposal and allocation of subsidies related to universal service provision, and particularly to -

Fund disbursements and tender procedures

  1. (1) Monies from the Fund may only be disbursed-

(2) When awarding tenders and subsidies from the Fund, preference may be given to projects designed to address the smart subsidy zone.

(3) Funds referred to in paragraphs (c) and (d) of sub-regulation (1) must be disbursed upon the completion of a competitive tender process as provided for in the Authority’s Policy and Procedures Manual on Procurement Management, publicly available on the Authority’s website.

(4) The tender committee as defined and referred to in the Authority’s Policy and Procedures Manual on Procurement Management is responsible for tender processes contemplated in these regulations.

(5) In addition to the provisions contained in the Authority’s Policy and Procedures Manual on Procurement Management, the tender process for the disbursement of funds from the Universal Service Fund requires the following procedures:

(6) The Authority may by notice in the Gazette stop a process of competitive bidding before the process has been completed.

(7) The tender committee may not consider a tender proposal unless it complies with or does not materially alter or depart from all the characteristics, terms, conditions and other requirements set out in the request for tenders and the requirements set out in these regulations and the Authority’s Policy and Procedures Manual on Procurement Management.

Subsidies for universal service

  1. (1) Only licensees are eligible to receive subsidies from the Fund, subject to the Fund’s projects and priorities determined by the Authority.

will enjoy priority.

Penalties

  1. (1) Any licensee who fails to-

is guilty of contravening these Regulations.

referred to in subregulation (1)(a);

Request for extension of time

  1. (1) If a licensee is unable to comply with any time period set for doing any act or taking any step in connection with its obligations in these regulations, the licensee may request the Authority for an extension of time at least 7 days prior to the time set, or within such other time period agreed by the Authority upon good cause shown.

SCHEDULE 2

CONCISE STATEMENT OF THE PURPOSE OF THE PROPOSED REGULATIONS

The purpose of the proposed Regulations Prescribing the Provision of Universal Service by Telecommunication Service Licensees is: