ELECTRONIC COMMUNICATIONS ACT, 2008 (ACT 775); SECTION 5: AS AMENDED

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Section 5, as amended deals with obligations with respect to individual licences and is as follows; 

(1) A network operator or service provider shall

(a) pay the fees specified by the Authority,

(b) not assign the licence without the prior written approval of the Authority,

(c) upon written request made by the President and subject to the Constitution, co-operate or collaborate with the President in matters of national security, and 

(d) observe the conditions of its licence and regulations that relate to the licence.

(2) A person who has a significant interest in a network operator or service provider shall not sell, transfer, charge or otherwise dispose of that interest or any part of that interest in the network operator or service provider, unless notice is given to the Authority thirty days before the proposed transaction. 

(3) A network operator or service provider shall not without first giving notice to the Authority 

(a) cause, permit or acquiesce in a sale, transfer, change or other disposition of a significant interest, 

(b) issue or allot any shares or cause, permit or acquiesce in any other reorganisation of that network operator’s or service provider’s share capital that results in 

(i) a person acquiring a significant interest in that network operator or service provider, or 

(ii) a person who already owns or holds a significant interest in the network operator or service provider, increasing or decreasing the size of that person’s interest. 

(4) A person who acquires a significant interest in a network operator or service provider shall notify the Authority within fourteen days of the acquisition. 

(5) Despite this section, where a sale, transfer, charge or other disposition referred to in subsection (2) is as a result of an internal reorganisation of a network operator or service provider,

(a) the notification to the Authority under subsection (4) is not required, and

(b) the network operator or service provider shall, as soon as reasonably practicable, notify the Authority of the nature and extent of the sale, transfer, charge or other disposition.

Read Also >>> ELECTRONIC COMMUNICATIONS ACT, 2008 – ACT 775