ELECTRONIC COMMUNICATIONS ACT, 2008 (ACT 775); SECTION 16, AS AMENDED

30th May 2022

(1) The duration of a licence shall be stated in the licence.

(2) Subject to subsection (3), on an application by the licensee or authorisation holder, the Authority may renew a licence or frequency authorisation granted under this Act.

(3) An application for the renewal of a licence shall be refused if

(a) the licensee or the authorisation holder failed to comply materially with any of the provisions of this Act, Regulations or the terms and conditions of the licence or the frequency authorisation,

(b) the Authority is satisfied that the applicant will not comply with this Act, Regulations or the terms and conditions of the licence or the frequency authorisation if the licence is renewed,

(c) the licensee or the authorisation holder has failed to comply materially with any lawful direction of the Authority, or

(d) in the case of an operator or service provider, the Authority determines that it is not in the public interest to renew the licence and gives the operator or service provider notice of the decision not less than three years before the expiration of the licence.

(4) A licence which is of less than three years duration shall contain the period required for a notice under subsection (3)(d).

(5) Subject to subsection (3) (d), the Authority shall give the licensee or the authorisation holder advance notice of not less than thirty days of its intention not to renew the licence or frequency authorisation.

(6) The Authority shall state the grounds for its contemplated refusal of the renewal of a licence or authorisation and shall give the licensee or the authorisation holder the opportunity

(a) to present its views, and (b) to submit to the Authority within the time specified by the Authority a written statement of objections to the refusal.

(7) The Authority shall take into account the views and the written statement of the licensee or the authorisation holder before reaching its final decision.