(1) A licence or a frequency authorisation may be amended by a written agreement between the licensee or the holder of the frequency authorisation and the Authority, where
(a) force majeure, national security considerations, change in national legislation or the implementation of an international obligation require the amendment, or
(b) the Authority, on account of the public interest, decides that the amendment is necessary to achieve the objects of the Authority,
(2) Where a licence or a frequency authorisation is amended on grounds of national security the licensee or the authorisation holder is entitled to compensation.
(3) The Authority shall not amend a licence or frequency authorisation if it has not given the licensee or authorisation holder adequate advance notice in writing and in any case the notice shall not be given less than ninety days before the proposed amendment.
(4) The Authority shall state in the notice the reasons for the amendment and the date on which the amendment takes effect, and shall give the licensee or the authorisation holder the opportunity to
(a) present its views, and
(b) submit to the Authority a written statement of objections to the amendment which may include proposed alternatives to the amendment within the time specified by the Authority,
(5) The Authority shall take into account the views and the written statement of the licensee before reaching a decision on the amendment.
(6) A licensee or an authorisation holder may request the Authority to amend its licence or frequency authorisation.
Read Also >>> ELECTRONIC COMMUNICATIONS ACT, 2008 – ACT 775
Section 15:
Section 14 does not preclude the Authority from amending a licence or a frequency authorisation without notice where there is, or there is likely to be, a risk to national security, or where immediate amendment is essential in the public interest.
Read Also >>> AMENDMENTS: ELECTRONIC COMMUNICATIONS ACT, 2008 (ACT 775)
