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Broadcasting
Services Act, 2001
April 04, 2001
Contents
PART
VI
Approval
of Type, Installation and Sites of Signal Transmitting Stations and Allocation
of Broadcasting Service Bands
26. Approval
of type, installation and sites of signal transmitting stations and allocation
of broadcasting service bands
27. Unauthorised
possession, establishment, operation of signal transmitting stations,
etc., prohibited
26 Approval
of type, installation and sites of signal transmitting stations and allocation
of broadcasting service bands. TOP
(1) Subject to
subsection (2), the Authority shall—
(a) approve the
sites at which all signal transmitting stations are to be established
and at which all broadcasting apparatus used in connection therewith
is to be erected; and
(b) allocate
the broadcasting service bands on which all signal transmitting stations
shall be operated; and
(c) approve—
(i) the mode
of transmission to be used in connection with all signal transmitting
stations and the power to be radiated therefrom; and
(ii) the classes,
types and standards of signal transmitting stations and broadcasting
apparatus to be used in connection with different classes of broadcasting
services; and
(iii) the classes,
types and standards of broadcasting apparatus capable of being used
in connection with diffusion services.
(2) In exercising
the powers conferred upon it by paragraph (b) or subparagraph (i)
of paragraph (c) of subsection (1), the Authority shall have
regard to the International Telecommunication Constitution and any other
conventions and treaties to which Zimbabwe is a party.
27 Unauthorised
possession, establishment, operation of signal transmitting stations,
etc., prohibited. TOP
(1) No person shall—
(a) possess a
signal transmitting station other than a public broadcaster or a signal
carrier licensee;
(b) establish
a signal transmitting station or erect broadcasting apparatus at a site
which has not been approved by the Authority; or
(c) operate a
signal transmitting station on a broadcasting service band which is
not a broadcasting service band allocated to the signal transmitting
station by the Authority; or
(d) use in connection
with a signal transmitting station a mode of transmission or cause power
to be radiated therefrom which is not the mode of transmission or the
radiated power approved for the signal transmitting station by the Authority;
or
(e) establish
or erect a signal transmitting station or broadcasting apparatus which
is not of a class, type or standard approved by the Authority for use
in connection with that class of broadcasting service; or
(f) establish,
erect or work in connection with a diffusion service broadcasting apparatus
which is not of a class, type or standard approved by the Authority;
or
(g) modify or
extend a signal transmitting station or broadcasting apparatus, whether
or not used in connection with a diffusion service, otherwise than in
a manner approved by the Authority.
(2) Any person
who contravenes subsection (1) shall be guilty of an offence and
liable to a fine not exceeding $1,000,000 or to imprisonment for a period
not exceeding two years or to both such fine and such imprisonment.
(3) In addition
to any punishment it may impose under subsection (2) and without
derogation from its powers under any enactment, a court convicting a person
of contravening subsection (1) shall declare forfeited to the State
any equipment or apparatus used for the purpose of or in connection with
the offence.
(4) The proviso
to subsection (1) and subsections (3), (4), (5) and (6) of section 62
of the Criminal Procedure and Evidence Act [Chapter 9:07]
shall apply, mutatis mutandis, in relation to a declaration made
in terms of subsection (3).
(5) If the Minister
has reason to believe that a broadcasting service is being provided from
within or outside Zimbabwe in contravention of this Act, he may direct
any person having the technological means to do so at any time to use
such means to stop, scramble, obliterate or interfere with the transmission
or reception of the broadcaster concerned.
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