If a licensee has not renewed his or her radio frequency spectrum licence in terms of regulation 10 and continues to utilise the radio frequency spectrum after 31 March of the then current licence year, the Authority will, prior to seizing or sealing of the radio apparatus or equipment, initiate the following process:
| (a) |
Issue a notice to the person in question advising him or her: |
| (i) |
of his unlawful activity; |
| (ii) |
that he or she should cease with the unlawful activity within fifteen (15) days after receipt of the notice; |
| (iii) |
to inform his or her end-users and/or subscribers, if any, within seven (7) days of receipt of the Authority's notice of the date that he or she will cease to provide the services in question. |
| (iv) |
that they have five (5) days to respond to the notice of the Authority should they wish to do so. |
| (b) |
Should the Authority receive a response in terms of paragraph (a) (iv), the Authority will inform the licensee of its decision and reasons for the decision. |
| (c) |
If the decision of the Authority, after considering any response in terms of paragraph (a)(iv), is that the person in question is unlawfully making use of the radio frequency spectrum, then such a person must: |
| (i) |
within ten (10) days of receipt of the decision, cease making use of the radio frequency spectrum; and |
| (ii) |
within three (3) days of receipt of the decision, inform his or her endusers and/or subscribers, if any, of the date he or she will cease to provide the services in question. |
| (d) |
Failure by the affected party to comply with paragraphs (a) and (c) above will result in the Authority seizing or sealing the radio apparatus or equipment and instituting criminal proceedings against the affected party. |
Public Service Commission Act, 1997
