← belizelaw.ai · Belize Telecommunications, Cap. 229 · PART III — Licensing of Telecommunications Services

Transfer, revocation or modification of a licensee

Cap. 229, s. 19 · Revised Edition 2020

(1) The PUC shall make or establish regulations and procedures that govern the transfer, revocation and modification (2) Any person who wishes to transfer, renew, modify or vary the terms of a licensee for the operation of a telecommunications network or service issued subject to section 15 shall make a written application to the PUC in the prescribed form. (3) On receipt of an application referred to in sub-section (2), the PUC– (a) shall give public notice of the application in two newspapers and invite any interested person who wishes to object to the application to do so in writing within fourteen days; (b) shall require the applicant to furnish any additional information that it considers relevant in respect of any installation, apparatus or premises relating to the 26 (4) Upon receipt of an application referred to in sub-section (2), the PUC shall, and having regard to section 16, determine whether to issue, transfer, renew or vary the terms of the licence. (5) No licensee may transfer or assign or sell a licence granted to it under this Act or cede control in the operations of the licence or merge with another person or licensee without the prior written approval of the PUC. (6) The PUC may refuse a cession, sale or assignment of a licence or a merger or takeover of a licensee when it determines that the objects of this Act may be frustrated. (7) Any agreement between licence holders shall be submitted to the PUC for approval and the PUC may review any agreements entered into by licensees to ensure compliance with (8) Any licensee who fails to disclose and submit the existence of an agreement which is likely to affect competition or frustrate the objects of this Act commits an offence and shall be liable on summary conviction to a fine of not less than twenty thousand dollars but which may extend to a hundred thousand dollars and the licence shall be forfeited by the PUC. (9) Where the PUC agrees to issue, transfer, renew or vary the terms of a licence– (a) it may do so by imposing any term or condition that it thinks fit; (b) it shall give written notice of its decision, and the reasons therefor, to any person who has made representations. (10) Where the PUC refuses to issue, transfer, renew or vary the terms of a licence, it shall give written notice of its decision, and the reasons therefore to the applicant and to any person who has made representations. 27 (11) No licence shall be issued or renewed under this section unless the prospective licensee pays such fee as may be prescribed by regulations made under this Act, and all such regulations shall be subject to negative resolution. (12) The PUC may suspend, vary or revoke, or deny the renewal of a licence or authorisation where– (a) the licensee contravenes this Act or any other law; (b) the licensee fails to comply with the terms and conditions specified in the licence; (c) the licensee fails to pay the requisite fees for the licence, its renewal or any other money owed to the PUC; (d) it is necessary for reasons of national security or in the public interest; (e) the licensee fails to comply with an order, bylaw, notice, direction or any associated regulations by the PUC; (f) the signals in respect of the equipment issued to the licensee interferes with the service of another telecommunications service provider; (g) the PUC determines the presence of anti- competitive practices. (13) Before a licence or authorisation may be suspended, revoked or not renewed, the PUC shall give written notice of its intention to do so and lay out its purpose for such action and provide the licensee with an opportunity to– (a) make representation and support his view; 28 (b) correct any breach of the terms and conditions of the licence or any interferences caused to other licence holders. of authorized
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