(a) Domestic private line service; [The word should not be capitalised.] “Domestic” (b) international private line service; (c) public call offices and public pay-telephones; (d) emergency call services; (e) dial-up and printed directory information services; and (f) such other telecommunications services as the Authority may find to be in the public interest. (7) When acting in terms of subsection (6), the Authority must consider all relevant matters relating to the market for telecommunications services and the development of technology in order to determine whether the services are still necessary and appropriate. Ownership restrictions 46. (1) Subject to subsection (2) and (4), no licensee may be controlled by any person that is not a Namibian citizen or a Namibian company and no more than 49% of the stock in any licensee may be owned by persons that are not Namibian citizens or Namibian companies that are controlled by Namibian citizens. (2) The Minister may beforehand authorise the acquisition of control or ownership of stock that is prohibited by subsection (1). (3) Any transfer of control or ownership prohibited by subsection (1) is of no and effect. (4) Any acquisition of stock or transfer of control done before the commencement of this Act is deemed to have been done with the permission referred to in subsection (2), if such acquisition or transfer has complied with all legal requirements applicable at the time of such acquisition or transfer. PART 2 DUTIES OF PROVIDERS OF TELECOMMUNICATIONS SERVICES Application of this Part 47. (1) Subject to section 38(12) and (13), the duties imposed by this Part are imposed upon all holders of technology and service neutral licences. (2) Subject to section 38(12) and (13), the duties imposed by this Part are owed to holders of technology and service neutral licences. (3) Unless the context indicates otherwise, a reference to is construed as a “carrier” reference to the licensee who owes the duty or to whom the duty is owed as the case may be in accordance with the provisions of subsection (1), (2), determinations made in terms of section 38(12) or regulations made in terms of section 38(13). Duties of carriers relating to promotion of competition
(a) Domestic private line service; [The word “Domestic” should not be capitalised.] (b) international private line service; (c) public call offices and public pay-telephones; (d) emergency call services; (e) dial-up and printed directory information services; and (f) such other telecommunications services as the Authority may find to be in the public interest. (7) When acting in terms of subsection (6), the Authority must consider all relevant matters relating to the market for telecommunications services and the development of technology in order to determine whether the services are still necessary and appropriate. Ownership restrictions 46. (1) Subject to subsection (2) and (4), no licensee may be controlled by any person that is not a Namibian citizen or a Namibian company and no more than 49% of the stock in any licensee may be owned by persons that are not Namibian citizens or Namibian companies that are controlled by Namibian citizens. (2) The Minister may beforehand authorise the acquisition of control or ownership of stock that is prohibited by subsection (1). (3) Any transfer of control or ownership prohibited by subsection (1) is of no and effect. (4) Any acquisition of stock or transfer of control done before the commencement of this Act is deemed to have been done with the permission referred to in subsection (2), if such acquisition or transfer has complied with all legal requirements applicable at the time of such acquisition or transfer. PART 2 DUTIES OF PROVIDERS OF TELECOMMUNICATIONS SERVICES Application of this Part 47. (1) Subject to section 38(12) and (13), the duties imposed by this Part are imposed upon all holders of technology and service neutral licences. (2) Subject to section 38(12) and (13), the duties imposed by this Part are owed to holders of technology and service neutral licences. (3) Unless the context indicates otherwise, a reference to “carrier” is construed as a reference to the licensee who owes the duty or to whom the duty is owed as the case may be in accordance with the provisions of subsection (1), (2), determinations made in terms of section 38(12) or regulations made in terms of section 38(13). Duties of carriers relating to promotion of competition
communications-act-734468dee8.docx