71
(a)
(b)
(c)
().
to authorise in writing the search of premises and seizure of documents, equipment and other items;
to order any person, in writing, to appear before it to give evidence or to produce documents, and such
evidence may given on oath to be taken by the presiding member of the Board;
to direct a person, in writing, to undertake a specific action or to cease a specific action if there is a
breach of a regulation, licence, spectrum licence, technical rule, standard or order.
(2) The Authority may, in writing, request a police officer to assist in carrying out the powers under subsection
Power to issue desist orders
79.—(1)
The Authority may issue a desist order if the Authority has made a determination that one or more
of the following activities have been carried out by a person
(a) provision of a telecommunications service to the public without a licence issued under this Promulgation
(b)
(ce)
(d)
(e)
(2)
unless the telecommunications service is subject to an exemption from licensing;
use of an apparatus that is likely to cause undue interference with any radio-communication used for
the purposes of any safety of life service or for any purpose on which the safety of any person or of any
vessel, aircraft or vehicle may depend;
unauthorised use of an apparatus in relation to radio spectrum that is not licensed under this Promulgation
and such use causes or is likely to cause undue interference on use of licensed radio spectrum;
operation of a facility or provision of a service in a manner which causes interference, endangers health
or compromises network security or integrity; or
violation of any term, or any regulation, determination, decision, licence or spectrum licence in force
under it.
Before issuing a desist order, the Authority must serve notice on the person—
(a) stating the facts constituting the alleged activity and where appropriate, the name of the person against
whom the allegation is made; and
(6) specifying the period within which and a place at which a hearing are to be held to provide the person
concerned an opportunity to show good cause why the order should not be made.
(3) If at a hearing referred to in subsection (2)(b)—
(a) the person concerned fails to show good cause why the desist order should not be made, the Authority
must issue such order; or
(b) if the Authority is satisfied that the alleged activity did not occur, the Authority must not issue such
order.
(4)
An order under subsection (1) must—
(a) containing a statement of the facts referred to in subsection (2)(a);
(b) require the person concerned to desist from the conduct giving rise to the order;
(c) be. accompanied by documents in support of the allegation; and
(d) be served on the person who is the subject of the order.
Application of this Promulgation to the Government
80. Part 3 applies to the Government.
Safety of Life at Sea Services
81. Telecommunications services in relation to safety of life at sea shall be the responsibility of the
Government.
Regulations and rules
82.—(1)
The Minister may make regulations to give effect to the provisions of this Promulgation, and in
particular to—
(a) provide for procedures for public consultation;