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(4) Ifa licensee or legal entity is convicted under this Promulgation, the Authority may—
(a) issue a direction to the licensee or legal entity or impose other conditions on the licence
(6) vary, suspend or revoke the licence or condition of the licence; or
(c) issue a desist order.
(5) If a legal entity commits an offence under this Promulgation, every director, manager, officers, employee
or agent of a legal entity, who is responsible for the commission of the offence also commits the same offence and
is liable on conviction to a fine not exceeding $5000 for a first offence and $20,000 for a subsequent offence, or to
imprisonment for a term not exceeding 2 years.
(6) It shall be a defence for a person charged under subsection (5) to prove that the offence committed by the
legal entity was committed without his consent and connivance and that he took all reasonable steps to prevent its
commission.
77.—(1)
Power of the Authority to suspend licence, etc
Without prejudice to section 77, if the Authority is satisfied that a licensee is contravening, or has
contravened any of the conditions of the licence and that the breach is not trivial im nature, the Authority must serve
a written notice on the licensee to show cause as to the breach.
(2) Notice to show cause must state—
(a)
(6)
the condition and the acts or omissions, which allegedly constitute or would constitute the breach;
and
the period (being not less than 28 days) in which the licensee must remedy the breach.
(3) If the licensee fails to comply with the notice to show cause, the Authority may pursuant to the requirements
of section 18 impose one or more of the following penalties—
(a) issue a direction to the licensee or impose further conditions on the licence;
(6) in the first instance, a penalty not exceeding $500,000;
(c) in the second or subsequent cases, a penalty not exceeding 2% of the annual gross revenue;
(d) revoke, suspend or modify the licence or existing conditions of the licence
(4) Before imposing a penalty under subsection (3), the Authority must fitst give an opportunity to the licensee
to be heard on the proposed penalty to be imposed.
(3) Before suspending or revoking a licence or a spectrum licence or taking actions for imposing penalty, the
Authority may initiate a determination procedure under section 18 for the purpose of exercising its powers under
this Promulgation if the Authority has reason to believe a licensee may have or has—
(a) engaged in any of the activities referred to in section 79(1);
(b) knowingly made a false statement in an application for a licence or a spectrum licence;
(c) knowingly failed to provide information or evidence that would have resulted in a refusal to grant a
licence or a spectrum licence;
(d) wilfully failed to comply with the terms of its licence or a spectrum licence;
(e) wilfully contravened any provision or any rules or regulations made under this Promulgation;
(f)
(g}
violated or failed to comply with a desist order issued under section 79; or
failed to make.payments in a timely manner in connection with any universal service levy or other levy
reasonably set by the Authority or in respect of any licence fee payable by the licensee under the terms
of its licence.
(6) In any proceedings brought in pursuance of this section, the licensee may provide a defence by proving that
the licensee took all reasonable steps and used all due diligence to remedy the breach within the period specified in
the notice to show cause.
Monitoring and enforcement
78.—(1) In addition to any other powers contained in this Promulgation or under any other laws and for the
purposes of exercising its functions and powers under this Promulgation, the Authority has the following powers —