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Broadcasting Services Act, 2001
Incorporates Act 3/2001, 22/2001 (s. 4)1 , 26/2001 (s. 10)2 ; 6/20033
September 19, 2003

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.


1 Criminal Penalties Amendment Act, 2001 (commencement: 20th May, 2002).
2 Zimbabwe Broadcasting Corporation (Commercialisation) Act, 2001 (commencement: 2nd February, 2002)
3 Broadcasting Services Amendment Act, 2003 (commencement: 19th September. 2003).

 

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