(9) The Commission shall, before completing an evaluation, publish a nonconfidential version of the proposed licence for consultation in accordance with section 32 of the
Swaziland Communications Commission Act, 2010, and shall consider representations made to
the Commission concerning the draft.
(10) The Commission shall, after completion of an evaluation of an application for an
individual licence, inform the applicant whether the application was accepted or not, and in the
case of a rejection, shall give the applicant reasons for that decision.
(11) Where the Commission accepts an application for an individual licence, and upon
payment, by the applicant, of the appropriate licence fee, the Commission shall publish the final
version of the licence on the website of the Commission and in the Gazette, and the final version
shall come into effect within thirty days of publication.
(12) A person aggrieved by a decision of the Commission may have recourse to the
measures provided for under section 44 of the Swaziland Communications Commission Act,
2010.
(13) A person operating or providing an electronic communications network or service
without a licence issued under this section shall be liable to a fine of two thousand emalangeni
for every day during which that person continues to operate or provide an electronic
communications network or service.
Amendment of electronic communications licence.
12.
(1)
A licence may be amended (a)
by the written agreement of the parties;
(b)
by the Commission, where the occurrence of an event that cannot be
controlled (force majeure, national security considerations, changes in
national legislation or the implementation of international obligations
require amendment; or
(c)
where the Commission, taking into account the public interest, considers the
amendment necessary to achieve the objectives of this Act.
(2) Before amending a licence under subsection (1), the Commission shall give the
licensee notice in writing of the proposed amendment, giving reasons for the amendment and the
date by which the amendment shall take effect, and shall give the licensee the opportunity to
make submissions within the timescales, not being less than one month, which the Commission
may specify.
(3) The submissions referred to in subsection (2) may include proposed alternatives to
the amendment.
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