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The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia REPUBLIC OF ZAMBIA THE ZAMBIA NATIONAL BROADCASTING CORPORATION ACT CHAPTER 154 OF THE LAWS OF ZAMBIA CHAPTER 154 THE ZAMBIA NATIONAL BROADCASTING CORPORATION ACT THE ZAMBIA NATIONAL BROADCASTING CORPORATION ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARYPART I PRELIMINARY Section 1. Short title 2. Interpretation PART II ZAMBIA NATIONAL BROADCASTING CORPORATIONPART II Z AMBIA NATIONAL BROADCASTING CORPORATION PRELIMINARY Section 1. Short title 2. Interpretation PART II ZAMBIA NATIONAL BROADCASTING CORPORATIONPART II Z AMBIA NATIONAL BROADCASTING CORPORATION The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 3. Establishment of Corporation 4. Board of Directors 5. Tenure of office and vacancy 6. Director to declare connection 7. Functions of Corporation 8. Powers of Corporation 9. Committees of Board 10. Proceedings of Board 11. Transaction of business of an urgent nature 12. Validity of Board's decisions 13. Contracts and instruments 14. Seal of Board 15. Disclosure of interest 16. Immunity of members 17. Appointment of Director-General and other staff PART III FINANCIAL PROVISIONSPART III F INANCIAL PROVISIONS 18. Establishment and operation of general fund 19. Establishment and operation of general reserve account 20. Charges to revenue account of Corporation and investment of monies in sinking funds 21. Funds of Corporation Section 22. Accounts 23. Appointment of auditors 24. Annual report PART IV LICENCESPART IV LICENCES f monies in sinking funds 21. Funds of Corporation Section 22. Accounts 23. Appointment of auditors 24. Annual report PART IV LICENCESPART IV LICENCES The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 25. Licensing of broadcasters 26. Licensing of operator of diffusion service 27. Power to prohibit broadcast of certain matter 28. Powers of President in times of emergency 29. Inspectorate unit 30. Powers of inspectors 31. Cancellation or refusal of broadcasting and diffusion licences 32. Restriction on use of name of Corporation 33. Regulatory powers of Minister 34. Offences and penalties 35. Recovery of licence fees 36. Act not to affect Radio Communications Act 37. Contracts entered into prior to commencement of this Act SCHEDULE CHAPTER 154 ZAMBIA NATIONAL BROADCASTING CORPORATION Act No. 16 of 1987 13 of 1994 An Act to provide for the establishment of the Zambia National Broadcasting Corporation; to define the functions and powers of the corporation; to provide generally for the control and regulation of broadcasting and diffusion services; and to provide for matters connected with or incidential to the foregoing. [24th April, 1987] PART I PRELIMINARYPART I PRELIMINARY 1. This Act may be cited as the Zambia National Broadcasting Corporation Act. Short title 2. . [24th April, 1987] PART I PRELIMINARYPART I PRELIMINARY 1. This Act may be cited as the Zambia National Broadcasting Corporation Act. Short title 2. In this Act, unless the context otherwise requires- Interpretation "Board" means the Board of Directors of the Corporation established by section four; n this Act, unless the context otherwise requires- Interpretation "Board" means the Board of Directors of the Corporation established by section four; The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia "broadcaster" means- (a) the Corporation; or (b) a person licensed to carry on a broadcasting service under section twenty-six; "broadcasting service" means a radiocommunication service for reception by members of the general public and the word "broadcast" shall be construed accordingly; "Corporation" means the Zambia National Broadcasting Corporation established by section three; "dealer" means- (a) a person who carries on a trade, business or industry in which receivers are assembled, manufactured, imported, bought, sold, exchanged, or offered or exposed for sale or exchange; (b) a person who deals in motor vehicles which are fitted with receivers; or (c) an auctioneer of receivers; and cognate expressions shall be construed by reference, inter alia, to transactions or operations such as are carried on by persons referred to in paragraph (a) of this definition; "diffusion service" means- (a) the dissemination by means of wires, otherwise than within the precincts of a single private residence, of the whole or any part of a broadcasting service; or (b) the dissemination of music or speech by means of wires connecting two or more loudspeakers which- (i) are installed in a specific building or within the precincts of a specified building; or (ii) are permanently fixed, otherwise than within a single specified building, in a motor vehicle, aircraft, ship or railway train, for purposes not ancillary or incidental to or connected with any exhibition, performance, including a performance by a circus, contest, game or sport, such as- A. not ancillary or incidental to or connected with any exhibition, performance, including a performance by a circus, contest, game or sport, such as- A. the running of any horse race; or B. the holding of any concert or the production of any play, opera, ballet, pageant or the like; or C. the showing of cinematograph film; or race; or B. the holding of any concert or the production of any play, opera, ballet, pageant or the like; or C. the showing of cinematograph film; or The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia D. the holding of any agricultural, horticultural, industrial or commercial show or any dance, cabaret, garden party, fete, fair, gymkhana or the like; and "diffuse" shall be construed accordingly; "director" means a member of the Board and includes the Chairman and the Vice-Chairman; "inspector" means an inspector of the Corporation appointed under section thirty-two; "listener" means a person who has in his possession a receiver otherwise than as- (a) a broadcaster; or (b) a dealer; or (c) an operator of a diffusion service; or (d) a police officer or a member of the Defence Force acting in the course of his duty; "Telecommunications Corporation" means the Telecommunications Corporation established by section four of the Telecommunications Act; Cap. of his duty; "Telecommunications Corporation" means the Telecommunications Corporation established by section four of the Telecommunications Act; Cap. 469 "radiocommunication service" means the transmission of writing, signs, signals, pictures and sounds of all descriptions whatsoever, wholly or partly by means of electromagnetic waves of frequences between ten kilohertz and three million megahertz; "receiver" means an apparatus in respect of which no licence is required in terms of the Radiocommunications Act, which is designed to be used for the reception of a broadcasting service; Cap. 169 "specified building" means a building used for industrial purposes or such other purposes as the Minister may, by statutory notice, specify. PART II ZAMBIA NATIONAL BROADCASTING CORPORATIONPART II Z AMBIA NATIONAL BROADCASTING CORPORATION 3. There is hereby established the Zambia National Broadcasting Corporation, which shall be a body corporate with perpetual succession and a common seal, capable of sueing and of being sued in its corporate name and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions and powers as set out in this Act. Establishment of Corporation perform and as are necessary for, or incidental to, the carrying out of its functions and powers as set out in this Act. Establishment of Corporation The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 4. (1) There shall be a Board of Directors which shall, subject to the provisions of this Act, control the operations of the Corporation. Board of Directors (2) The Board shall consist of- (a) a Chairman appointed by the Minister on such terms and conditions as the Minister thinks fit; and (b) not less than six nor more than nine other directors appointed by the Minister on such terms and conditions including remuneration and allowances as he thinks fit. (3) The directors shall elect a Vice-Chairman from amongst themselves. (4) A public officer may be appointed a director but not more than three public officers shall be directors at any one time. 5. (1) Subject to the provisions of this section, a director shall hold office for a period of three years and may be reappointed at the expiry of his term. Tenure of office and vacancy (2) On the expiration of the period for which a director is appointed, he shall continue to hold office until his successor has been appointed but in no case shall such further period exceed three months. or is appointed, he shall continue to hold office until his successor has been appointed but in no case shall such further period exceed three months. (3) The office of a director shall become vacant- (a) upon resignation in accordance with subsections (4) and (5); (b) if the Minister is satisfied by reason of a director's- (i) failure to comply with the terms and conditions of his office; or (ii) connection with a company or firm referred to in section six; that it would be detrimental to the interests of the Corporation or otherwise inexpedient for the director to continue to hold office; and the provisions of this paragraph shall apply mutatis mutandis to the Chairman; (c) if he is absent, without the permission of the Chairman, from three consecutive meetings of the Board of which he has had notice; (d) if he is adjudged bankrupt; or t, without the permission of the Chairman, from three consecutive meetings of the Board of which he has had notice; (d) if he is adjudged bankrupt; or The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (e) if, subject to the provisions of subsection (4) of section four, at the date of his appointment he did not hold an office of emolument under the Republic, he is thereafter appointed to an office of emolument under the Republic; (f) if he is adjudged or otherwise declared to be of unsound mind; (g) if he is sentenced to a term of imprisonment exceeding six months, or if he is convicted of any offence involving dishonesty. (4) A director may resign from office upon giving not less than three months' notice in writing to the Minister and may be removed by the Minister at any time. 6. or may resign from office upon giving not less than three months' notice in writing to the Minister and may be removed by the Minister at any time. 6. Within seven days of the date of his appointment as Chairman or director as the case may be, the Chairman or director shall submit to the Minister a statement in writing of any directorship, office, post, shareholding or financial interest, direct or indirect, held or acquired by him or his spouse in a company or firm which carries on a radiocommunication service or operates a diffusion service or deals in receivers or manufactures, assembles, imports or sells apparatus or equipment for use in radiocommunication or diffusion services. Director to declare connection 7. anufactures, assembles, imports or sells apparatus or equipment for use in radiocommunication or diffusion services. Director to declare connection 7. (1) The functions of the Corporation shall be- Functions of Corporation (a) to carry on broadcasting services for the information, education and entertainment of listeners in Zambia; and (b) subject to the directions of the Minister, to carry on broadcasting services for such purposes as the Minister may specify for reception by listeners outside Zambia; and (c) to carry on or operate: (i) such other services including diffusion services; and (ii) such undertakings which, in the opinion of the Board, are incidental or conducive to the exercise of the functions specified in this section; as the Board may consider expedient. (2) The Minister may give to the Board such general or specific directions with respect to the carrying out of the functions of the Corporation under this Act as he may consider necessary and the Board shall give effect to such directions. 8. The Corporation shall have power, subject to the provisions of this Act, to do all or any of the matters and things specified in the Schedule. Powers of Corporation n shall have power, subject to the provisions of this Act, to do all or any of the matters and things specified in the Schedule. Powers of Corporation The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 9. (1) The Board may, for the purpose of performing the Corporation's functions under this Act, establish committees and may delegate to any such committee such of its functions as it thinks fit. Committees of Board (2) The Board may appoint as members of a committee established under subsection (1) persons who are or are not members of the Board and such persons shall serve for such period as the Board may determine. (3) Subject to any specific or general directions of the Board any committee established under subsection (1) may regulate its own procedure. 10. (1) Subject to the provisions of this section, the Board may regulate its own procedure. Proceedings of Board (2) The Board shall hold its first meeting on such date and at such place and time as the Minister may determine; and thereafter the Board shall meet for the transaction of business at such places and at such times as the Board may determine. (3) The Chairman of the Board may at any time and shall, at the request of three directors, convene a special meeting of the Board. ard may determine. (3) The Chairman of the Board may at any time and shall, at the request of three directors, convene a special meeting of the Board. (4) A notice convening a special meeting of the Board shall state the purposes for which the meeting is to be convened. (5) Where the Chairman of the Board is prevented by illness, absence from Zambia or other cause from exercising his functions on the Board, the Vice-Chairman shall exercise the powers and fulfil the duties and functions of the Chairman. (6) Where the Chairman and the Vice-Chairman are absent from any meeting of the Board there shall preside at that meeting such director as the directors present may elect for the purpose of that meeting. (7) The quorum at a meeting of the Board shall be one-half of the total number of directors. (8) All acts, matters or things authorised or required to be done by the Board may be decided by resolution of a meeting at which a quorum is present. (8) All acts, matters or things authorised or required to be done by the Board may be decided by resolution of a meeting at which a quorum is present. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (9) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board. 11. If it is not practicable to hold a meeting of the Board for the transaction of business of an urgent nature, the Chairman shall, after consulting the Minister and such other directors as is practicable in the circumstances, deal with the business himself and not later than seven days thereafter consult the Board for ratification. Transaction of business of an urgent nature 12. No decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of the fact that there is a vacancy in the membership of the Board or that a disqualified person acted as a director, at the time the decision was taken or the act was done or authorised. Validity of Board's decisions 13. Any agreement, contract or instrument may be entered into or executed on behalf of the Corporation by any person or persons generally or specially authorised by the Board for that purpose. Contracts and instruments 14. d on behalf of the Corporation by any person or persons generally or specially authorised by the Board for that purpose. Contracts and instruments 14. (1) The seal of the Board shall be such device as may be determined by the Board and shall be kept by the Director-General. Seal of Board (2) The Board may use a wafer or rubber stamp in lieu of the seal. (3) The affixing of the seal shall be authenticated by the Chairman or the Vice-Chairman and the Director-General or one other person authorised in that behalf by a resolution of the Board. (4) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Director-General or any other person generally or specifically authorised by the Board in that behalf. (5) Any document purporting to be a document under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed so executed or issued, as the case may be, without further proof, unless the contrary is proved. 15. shall be received in evidence and shall be deemed so executed or issued, as the case may be, without further proof, unless the contrary is proved. 15. (1) If any person is present at a meeting of the Board at which any matter in which such person or his spouse is directly or indirectly interested in a private capacity is the subject of consideration he shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter. Disclosure of interest ss the Board otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter. Disclosure of interest The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. 16. No action or other proceedings shall lie or be instituted against any Board member for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act. Immunity of members 17. (1) For the better exercise of the functions of the Corporation contained in section seven, the Board shall- Appointment of Director-General and other staff (a) subject to the provisions of paragraph (b), and on such terms and conditions as it may determine, appoint a Director-General of the Corporation who, subject to the control of the Board, shall be responsible for the management of the business of the Corporation; and (b) not appoint or terminate the services of the Director General without the approval of the Minister. (2) The Board may appoint, on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its functions under this Act. int, on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its functions under this Act. PART III FINANCIAL PROVISIONSPART III F INANCIAL PROVISIONS 18. The Corporation shall establish a general fund- (a) into which all monies received by the Corporation shall be paid in the first instance; and (b) out of which all payments made by the Corporation shall be paid. Establishment and operation of general fund 19. (1) The Corporation may establish a general reserve account to which may be appropriated from any surplus of revenue over expenditure such sums as the Board may approve. Establishment and operation of general reserve account (2) Sums appropriated to the general reserve account in terms of subsection (1) may, with the approval of the Minister, be used for such purposes as the Corporation may consider expedient for the proper exercise of its functions and the development of its services and undertakings. such purposes as the Corporation may consider expedient for the proper exercise of its functions and the development of its services and undertakings. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 20. (1) The Corporation shall charge to its revenue account all charges which in the normal conduct of a business are regarded as proper to be made to a revenue account and in so doing shall make adequate annual provision, whether by sinking fund or other proper means, for- Charges to revenue account of Corporation and investment of monies in sinking funds (a) interest and all other charges and expenses incurred in connection with loans; (b) the depreciation or diminution in value of assets; and (c) the redemption of loans at due times to the extent that the annual provision exceeds the amount to be provided under paragraph (b). (2) Money in sinking funds established in terms of subsection (1) shall be vested in such manner as the Board acting in consultation with the Minister may think fit. 21. The funds of the Corporation shall consist of such moneys as may- (a) be payable to the Corporation in terms of this Act; (b) be appropriated by Parliament for the purposes of the Corporation; (c) be paid to the Corporation by way of grants or donations; and (d) vest in or accrue to the Corporation. ament for the purposes of the Corporation; (c) be paid to the Corporation by way of grants or donations; and (d) vest in or accrue to the Corporation. Funds of Corporation 22. The Corporation shall cause to be kept proper books of account and other records relating to its accounts. Accounts 23. (1) For the purpose of auditing its accounts, the Board shall appoint Auditors from amongst persons who, or organisations which, are registered as public accountants to examine the accounts of the Corporation not less than once in each financial year. Appointment of auditors (2) The Corporation shall produce and lay before the auditors all books and accounts of the Corporation, with all vouchers in support thereof and all books, papers and writings in its possession or control relating thereto. (3) The auditors shall be entitled to require from all directors and all employees of the Corporation such information and explanations as may be necessary for the performance of their duties as auditors. (4) All expenses in connection with or incidental to an audit shall be borne and paid by the Corporation. the performance of their duties as auditors. (4) All expenses in connection with or incidental to an audit shall be borne and paid by the Corporation. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 24. (1) As soon as practicable, but not later than six months after such financial year, the Corporation shall submit to the Minister a report concerning its activities during such financial year. Annual report (2) The report referred to in subsection (1) shall include information on the financial affairs of the Corporation and there shall be appended thereto- (a) a balance sheet; (b) an audited statement of revenue and expenditure; and (c) such other information as the Minister may require. (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of the report referred to in subsection (1), lay it before the National Assembly. PART IV LICENCESPART IV LICENCES 25. (1) Subject to the provisions of this Act, no person other than the Corporation shall operate a broadcasting service in Zambia otherwise than in accordance with the terms and conditions of a licence issued by the Minister and on payment of such fees as the Minister, after consultation with the Board, may prescribe. erms and conditions of a licence issued by the Minister and on payment of such fees as the Minister, after consultation with the Board, may prescribe. Licensing of broadcasters (2) In fixing the terms and conditions of a licence to operate a broadcasting service in Zambia the Minister may have regard to the provisions of any agreement between the applicant for the licence and the Corporation. (3) A broadcaster shall comply with the provisions of any convention and any regulations annexed thereto which may be specified from time to time by the Minister by statutory order. 26. (1) Subject to the provisions of this Act no person, other than the Corporation or a person exempted under subsection (3) shall operate a diffusion service in Zambia otherwise than in accordance with the terms and conditions of a licence issued by the Minister and on payment of such fees as the Minister, after consultation with the Board may prescribe. Licensing of operator of diffusion service the Minister and on payment of such fees as the Minister, after consultation with the Board may prescribe. Licensing of operator of diffusion service The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (2) In fixing the terms and conditions of a licence to operate a diffusion service in Zambia the Minister may have regard to the provisions of any agreement between the applicant for the licence and the Corporation. (3) The Minister may by statutory notice exempt any operator or a class of operators of a diffusion service from compliance with the provisions of subsection (1). 27. If the Minister is of the opinion that a broadcast is defamatory, blasphemous, obscene or seditious he may, by notice in writing delivered at the principal office of the Corporation, prohibit the Corporation from making such broadcast and the Corporation shall comply with any such notice. Power to prohibit broadcast of certain matter 28. (1) Where there is in force a proclamation of a state of public emergency or threatened public emergency under the Constitution the President may make an order authorising an officer or an authority to- Powers of President in times of emergency Cap. gency under the Constitution the President may make an order authorising an officer or an authority to- Powers of President in times of emergency Cap. 1 (a) take over all broadcasting stations or any particular broadcasting station in Zambia; and (b) control and direct all broadcasting services from the broadcasting stations or broadcasting station to which the provisions of paragraph (a) relate for so long as the President considers it expedient; and in so doing may require the exclusive services of the persons employed in working, maintaining or carrying on the same. nt considers it expedient; and in so doing may require the exclusive services of the persons employed in working, maintaining or carrying on the same. (2) When an officer or an authority is authorised to take over a broadcasting station in terms of subsection (1), the person owning or controlling the broadcasting station shall give up possession to the President or the officer or authority, and the persons employed in working or maintaining the broadcasting station or in carrying on broadcasting service from the broadcasting station shall, if the President in terms of that subsection requires their exclusive services, diligently and faithfully obey, during the period the broadcasting station is in possession of the officer or authority, all such orders and other directions as the officer or authority may give in connection with the working or maintenance of the broadcasting station or the carrying on of broadcasting services from the broadcasting station. (3) Reasonable compensation shall be paid from monies appropriated for the purpose by Parliament to a person who suffers loss or damage through the exercise of the powers conferred by this section in such amount as may be agreed between the person and the Minister. ffers loss or damage through the exercise of the powers conferred by this section in such amount as may be agreed between the person and the Minister. (4) If a dispute arises as to the amount of compensation payable in terms of subsection (3), the Minister or any person claiming to be entitled to compensation may refer such dispute to the National Assembly which shall by resolution determine the amount of compensation to be paid. be entitled to compensation may refer such dispute to the National Assembly which shall by resolution determine the amount of compensation to be paid. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (5) In determining the amount of any compensation (including costs or expenses) payable under this section, the National Assembly, the Court and every other person shall have due regard to the fact that the take-over has been necessitated by a state of public emergency. (6) The provisions of this section shall, mutatis mutandis, apply in relation to diffusion services, the premises, apparatus, equipment and wires required in connection therewith and the persons employed in working, maintaining or operating the same. 29. (1) In order to ensure compliance with the provisions of this Act, the Corporation may establish an inspectorate unit and may appoint such inspectors as may be necessary for the performance of its functions. Inspectorate unit (2) Every inspector shall be provided with a certificate of appointment which shall be prima facie evidence of the inspectors appoitment as such. (3) Any inspector carrying out any function under this Act shall, on demand by any person affected thereby, produce for inspection the certificate referred to in subsection (2). 30. any function under this Act shall, on demand by any person affected thereby, produce for inspection the certificate referred to in subsection (2). 30. In the performance of his duties, an inspector shall have power- (a) if authorised in writing by a magistrate to enter at and inspect any premises- Powers of inspectors (i) on which a dealer carries on business; or (ii) on which he has reasonable cause to believe an offence against this Act has been committed; (b) to inspect all books, records, returns, reports and other documents required to be kept by a dealer under the provisions of this Act. 31. (1) The Minister may at any time cancel or refuse to issue a licence or to renew a licence issued to a broadcaster or operator of a diffusion service in terms of this Act, if he is satisfied, after due inquiry, that the cancellation or the refusal to issue or renew the licence is justified in the public interest. is Act, if he is satisfied, after due inquiry, that the cancellation or the refusal to issue or renew the licence is justified in the public interest. Cancellation or refusal of broadcasting and diffusion licences (2) Without prejudice to the generality of subsection (1) the Minister may cancel or refuse to renew a licence if he is satisfied that the broadcasting station or the receiver or the apparatus or equipment used in connection with the broadcasting service or, as the case may be, the diffusion service- (a) prevents the erection or installation of plant, post apparatus or equipment of the Postal and Telecommunications Corporations; or ffusion service- (a) prevents the erection or installation of plant, post apparatus or equipment of the Postal and Telecommunications Corporations; or The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (b) injures or interferes with the working of a radio station or the carrying on of radiocommunication, telephone or telegraph services established by the Telecommunications Corporation either before or after the date of the issue of the licence; or (c) is likely to injure or interfere with apparatus, equipment, circuits, instruments, wires and the like installed, erected or operated by the Telecommunication Corporation either before or after the date of the issue of the licence. (3) The Minister shall not be liable to refund to a broadcaster or operator of a diffusion service whose licence is cancelled in terms of this section the fee or any portion of the fee paid on the issue of the licence. 32. No person shall, after the commencement of this Act, assume for the purposes of business or be registered under the Companies Act, under- (a) the name "Zambia National Broadcasting Corporation" (b) a name which includes with the word "broadcast" or "broadcasting" or "diffusion" or "rediffusion" the word "National", "Zambia", "Zambian", "state" or "Corporation". cludes with the word "broadcast" or "broadcasting" or "diffusion" or "rediffusion" the word "National", "Zambia", "Zambian", "state" or "Corporation". Restriction on use of name of Corporation Cap. 388 33. (1) The Minister may by statutory instrument prescribe all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out the provisions of this Act. Regulatory powers of Minister (2) Without prejudice to the generality of subsection (1), the Minister may by regulation provide for- (a) the registration of dealers with the Corporation and the information to be supplied to the Corporation in connection with applications for registration; (b) the keeping of books, records and documents, the furnishing of returns and the supply of information to the Corporation relating to dealings in receivers; (c) the form and manner in which applications for licences are to be made and the information to be supplied in connection therewith; (d) the circumstances in which and the terms and conditions subject to which licences shall be issued; rmation to be supplied in connection therewith; (d) the circumstances in which and the terms and conditions subject to which licences shall be issued; The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (e) the form of licences, the terms and conditions to be contained in licences and the periods for which licences shall remain in force; (i) receivers; or (ii) apparatus for carrying on diffusion services; which are used by such persons or classes of institutions as the Minister may on the recommendation of the Board specify; (f) the circumstances in which and the conditions including the payment of a fee subject to which copies of licences may be obtained. 34. ard specify; (f) the circumstances in which and the conditions including the payment of a fee subject to which copies of licences may be obtained. 34. (1) A person who- Offences and penalties (a) fails or refuses to register as a dealer with the Corporation when required to do so under this Act; or (b) fails or refuses to furnish a return or to supply information to the corporation in the manner and in the time prescribed; (c) furnishes, a false or incomplete return or incomplete information to the Corporation; or (d) on being required to do so, fails or refuses to produce to an inspector a licence issued under this Act, or a book, record or document relating to receivers which is in his possession or under his control; or (e) wilfully delays or obstructs an inspector of the Corporation in the exercise of the powers conferred upon him by or under this Act; or (f) fails or refuses, without reasonable cause, to give information to an inspector of the Corporation in the exercise of the powers conferred upon him by or under this Act; or (g) fails or refuses, without reasonable cause, to do anything when required to do so by an inspector in terms of section thirty; or (h) fails to comply with the terms and conditions of a licence issued to him in terms of this Act; or (i) for the purpose of obtaining, whether for himself or another person, the issue of a licence in terms of this Act, makes a declaration or statement which he knows to be false in any material particular or does not know or believe to be true, or knowingly makes use of a declaration or statement or document containing the same; or y material particular or does not know or believe to be true, or knowingly makes use of a declaration or statement or document containing the same; or The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (j) contravenes or fails to comply with the provisions of subsection (1) or (3) of section twenty-five subsection (1) of section twenty-six subsection (2) of section twenty-eight, or a provision of regulations, orders or notices made or issued under this Act or an order or direction made or given under the provisions of this Act or of regulations, orders or notices made or issued under this Act: shall be guilty of an offence and liable; (i) for a contravention of subsection (1) of section twenty-five or subsection (2) of section twenty-eight- A. on first conviction, to a fine of fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both. B. on the second or a subsequent conviction to a fine not exceeding thirty seven thousand five hundred penalty units or to imprisonment for a term not exceeding five years, or to both. (ii) for an offence not referred to in sub-paragraph (i)- A. On first conviction, to a fine not exceeding one hundred and fifty penalty units or to imprisonment for a period not exceeding one month, or to both. B. first conviction, to a fine not exceeding one hundred and fifty penalty units or to imprisonment for a period not exceeding one month, or to both. B. on the second or a subsequent conviction, to a fine not exceeding five hundred penalty units or to imprisonment for a period not exceeding three months, or to both. (2) A court convicting a person of an offence of making a declaration or statement such as is referred to in paragraph (b) of subsection (1) or making use of such a declaration or statement or document containing the same may, on the application of the prosecutor and in addition to any penalty which it may impose, give summary judgment in favour of the Corporation for the amount of the appropriate licence fee or, as the case may be, an amount equal to the difference between the fee actually paid by the person and the appropriate licence fee. (3) On the hearing of an application referred to in subsection (2) a court shall, for the purpose of determining the amount of the appropriate licence fee and, in the case of a prosecution for an offence referred to in paragraph (b) of that subsection, the accused's liability to pay the same, refer to the proceedings and evidence of the trial and consider such further evidence, whether oral or documentary, as may be tendered by the prosecutor and the accused. dings and evidence of the trial and consider such further evidence, whether oral or documentary, as may be tendered by the prosecutor and the accused. (4) A judgment given by a court in terms of subsection (2) shall have the same force and effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in such court. (As amended by Act No. 13 of 1994) 35. The Minister may by civil action in a competent court recover the amount of a licence fee payable in terms of section twenty-five or twenty-six. Recovery of licence fees civil action in a competent court recover the amount of a licence fee payable in terms of section twenty-five or twenty-six. Recovery of licence fees The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 36. Nothing in this Act shall be construed as exempting a broadcaster, operator of a diffusion service, dealer, listener or other person from compliance with the provisions of the Radiocommunications Act, or of the subsidiary legislation made thereunder, which relate to- (a) the establishment of radio transmitting stations and the erection of radio apparatus at sites approved by the Zambia Telecommunications Corporation; (b) the allocation of frequencies by the Telecommunications Corporation; (c) the approval by the Telecommunications Corporations of- Act not to affect Radio Communications Act Cap. ies by the Telecommunications Corporation; (c) the approval by the Telecommunications Corporations of- Act not to affect Radio Communications Act Cap. 169 (i) the mode of transmission to be used in connection with radio transmitting stations and the power to be radiated therefrom; (ii) the classes, types and standards of radio receiving stations and radio and other apparatus to be used in connection with diffusion services; and (iii) the classes, types and standards of radio stations, radio apparatus, apparatus used for operating diffusion services; (d) the prevention of harmful interference; (e) the making of distress calls, messages and signals; (f) the manner of carrying on radiocommunication services governed by the provisions of a Convention; and (g) the inspection and testing of radio stations, radio apparatus, used for operating diffusion services and premises used in connection therewith. 37. g) the inspection and testing of radio stations, radio apparatus, used for operating diffusion services and premises used in connection therewith. 37. (1) Where, before the commencement of this Act, any contract of employment relating to broadcasting in the country was entered into by or on behalf of the Government of the Republic of Zambia and any person, such person shall, from the commencement of this Act, be deemed to have been employed by the Board in pursuance of the provisions of section seventeen of this Act and the said contract shall be enforceable in every respect as though it had been entered into by the Board and such person. Contracts entered into prior to the commencement of this Act (2) A person to whom subsection (1) applies shall be deemed to have been employed by the Board unless within three months from the commencement of this Act he gives notice in writing to the Government with a copy to the Corporation stating his intention not to transfer from the services of the Government to the Corporation. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SCHEDULE (Section 8) POWERS OF CORPORATION Corporation. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SCHEDULE (Section 8) POWERS OF CORPORATION The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia 1. To acquire, establish and construct broadcasting stations, studios, offices and other premises necessary or convenient for the purposes of the undertakings of the Corporation, and for this purpose, to buy, take on lease or in exchange hire or otherwise acquire immovable property within Zambia and interests therein and rights over the same and concessions, grants, rights, powers and privileges in respect thereof, and to act in that connection either absolutely or conditionally and either solely or jointly with others. 2. To buy, take in exchange, hire or otherwise acquire vehicles, machinery, plant, apparatus and other movable property necessary or convenient for the exercise of the functions of the Corporation, or for the purposes of the undertakings of the Corporation, and to act in that connection either absolutely or conditionally and either solely or jointly with others. 3. To maintain, alter and improve property acquired by the Corporation. 4. ither absolutely or conditionally and either solely or jointly with others. 3. To maintain, alter and improve property acquired by the Corporation. 4. To apply for, buy or otherwise acquire- (a) copyrights and performing rights; and(b) patents, licences, concessions or the like: conferring an exclusive or non-exclusive or limited right to use information or a process which may seem to the Board capable of being used for the purposes of the Corporation or the acquisition of which may seem to the Board calculated, directly or indirectly, to benefit the Corporation, and to use, exercise, develop and grant licences in respect of or otherwise turn to account rights, information and processes so acquired. 5. To establish orchestras, bands and choirs, engage artists and performers and organise, provide or subsidise public concerts, lectures and other performances or entertainment. 6. To cause descriptions of or commentaries on current events to be broadcast or diffused from the locality where they are taking place. 7. To broadcast or diffuse religious services and addresses. 8. To collect and collate news from any source and enter into agreements for the supply to the Corporation of news for the purpose of broadcasting or diffusing the same. 9. ate news from any source and enter into agreements for the supply to the Corporation of news for the purpose of broadcasting or diffusing the same. 9. To obtain from or grant to a government operator of a diffusion service or other person whatsoever, whether within or outside Zambia and gratuitously or otherwise, rights or concessions in connection with the broadcasting or diffusion by the Corporation or programme broadcast or diffused by the Corporation or, as the case may be, the government, broadcaster, operator or other person. 10. To compile, print, publish and distribute, with or without charge, publications relating wholly or partly to the broadcasting or diffusion services of the Corporation or to the undertakings of the Corporation. 11. To enter, with the approval of the Minister, into agreements with persons in connection with the operation of diffusion services. 12. To carry on or operate, with the approval of the Minister, broadcasting and diffusion services in conjunction or association with other persons. 13. . To carry on or operate, with the approval of the Minister, broadcasting and diffusion services in conjunction or association with other persons. 13. To broadcast or diffuse advertisements for periods which do not- (a) in the aggregate amount to more than fifteen per centum of the time each day during which the service in which the advertisements are included is broadcast or diffused; and (b) in each hour during which the service in which the advertisements are included is broadcast or diffused amount to more than ten minutes; or for such longer period or, as the case may be, periods the Board, with the approval of the Minister, may, by varying one or other or both of the time limits specified in this paragraph, determine. 14. To sell, exchange, lease, mortgage, dispose of, turn to account or otherwise deal with any movable assets of the Corporation or any part thereof and, with the approval of the Minister, any immovable assets of the Corporation or any part thereof, which are not required for the purposes of the Corporation for such consideration as the Board may determine. 15. To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable and transferable instruments. 16. cept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable and transferable instruments. 16. To insure against losses, damages, risks and liabilities which the Corporation may incur. 17. To make contracts and to enter into suretyships or give guarantees in connection with the exercise of the functions of the Corporation or the undertakings of the Corporation and to modify or rescind such contracts and to modify or rescind such suretyships or guarantees. 18. To invest monies of the Corporation not immediately required by the Corporation in such manner as the Board may, with the approval of the Minister, determine and to vary or realise investments so made. 19. To raise monies, temporarily or otherwise, by way of loans or by bank overdraft for such purposes as the Minister may approve. 20. To pay a person in the employment of the Corporation such remuneration and allowances as may be fixed in terms of subsection (3) of section Seventeen and to grant a person in the employment of the Corporation such periods of leave as are stipulated or in respect of which provision is made in his terms and conditions of service and, with the approval of the Minister, to make gifts, bonuses and the like to a person in the employment of the Corporation. 21. onditions of service and, with the approval of the Minister, to make gifts, bonuses and the like to a person in the employment of the Corporation. 21. To provide pecuniary benefits for persons in the employment of the Corporation on their retirement, death or The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia loyment of the Corporation on their retirement, death or The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SUBSIDIARY LEGISLATION SECTION 25-THE Z AMBIA NATIONAL BROADCASTING (LICENSING) REGULATIONS Regulations by the Minister Statutory Instrument 178 of 1993 Act No. 13 of 1994 1. These Regulations may be cited as the Zambia National Broadcasting (Licensing) Regulations. Title 2. tory Instrument 178 of 1993 Act No. 13 of 1994 1. These Regulations may be cited as the Zambia National Broadcasting (Licensing) Regulations. Title 2. In these Regulations, unless the context otherwise requires- Interpretation "Band III" means a very high frequency (VHF) television band from 174 MHZ to 238 MHZ; "Band IV" means (UHF-Ultra High Frequency) sixteen channels are available from 470 to 582 MHZ; "Band V" means (UHF-Ultra High Frequency) forty channels are available from 582 to 862 MHZ; "Commercial television station" means any UHF or VHF station, other than those classified by the Minister as non-commercial or educational and other than the stations frequency and amplitude for the purpose of providing FM reception to the general public; "FM/TV booster stations" means FM broadcasting booster stations that operate to retransmit the signals of FM radio broadcasting signals of FM radio broadcasting stations by amplifying and reradiating such signals without significantly altering any characteristics of incoming signals other than its amplitude; "international broadcasting station" means transmissions by international broadcasting stations which are licensed by non-governmental entities and are intended to be received by the general public in foreign countries; "low power television station" means a television station that transmits programmes and signals of a TV broadcasting station and originates programmes or operates as a subscription service; "TV translators" means a station operated to transmit programmes and signals of a television broadcasting station without significantly altering any characteristics of the original signal other than its frequency and amplitude for television reception to the general public; gnificantly altering any characteristics of the original signal other than its frequency and amplitude for television reception to the general public; The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia "satellite broadcasting" means a greater number of channels are available than on any other band at 11.7 to 12.5 GHZ; "auxiliary service" means radio frequencies operated in conjunction with AM, FM or TV stations and includes remote pick up stations, TV auxiliary broadcasting stations and low power auxiliary stations; "cable television relay service" means the station is used for the transmission of television and related audio signals, signals of standard and FM broadcasting stations, signals of instructional television, fixed stations and cable casting from the point of reception to a terminal point from which the signals are distributed to the public by cable system; "commercial AM/FM station" means an AM or FM station other than those stations which qualify as non-commercial or educational stations; "commercial television station" means a VHF or UHF television station other than those classified by the Minister as non-commercial or educational stations; "FM translators" means an FM translator station which retransmits the signals of an FM radio broadcasting station or another broadcasting translator station which significantly does not alter any characteristics of incoming signals. n FM radio broadcasting station or another broadcasting translator station which significantly does not alter any characteristics of incoming signals. 3. (1) No person shall operate a radio or television broadcasting station without a licence issued by the Minister. Application (2) The Minister may issue a radio or television broadcasting licence to- (a) an individual; (b) a body corporate; (c) an association, by whatever name called, established on a permanent basis. (3) The fees for independent television stations shall be as set out in the First Schedule. (4) An applicant shall fill in a Fee Processing Form set out in the Second Schedule. 4. (1) An applicant for a licence shall- Conditions for licence . (4) An applicant shall fill in a Fee Processing Form set out in the Second Schedule. 4. (1) An applicant for a licence shall- Conditions for licence The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (a) comply with the provisions of the Radio Communications Act; Cap. 169 (b) fully describe the proposed technical facilities which he wishes to establish; (c) demonstrate his financial ability to construct the station and operate it for a period of at least one year; and (d) indicate the type of programmes he wishes to show or air, and, if the station is not an international broadcasting station, it shall also indicate the economic, social and cultural events in Zambia. (2) The Minister shall issue a licence in the form set out in the Third Schedule on completion of the construction of the broadcasting station. (3) The licence shall be valid for a period of seven years or such shorter period as the Minister may determine in any particular case or class of cases. 5. The Minister shall declare in the Gazette and the national media- (a) any broadcasting and frequency available within a period of twelve months, for use in a particular area; and (b) the type of station proposed and the assigned power levels. Declaration 6. ble within a period of twelve months, for use in a particular area; and (b) the type of station proposed and the assigned power levels. Declaration 6. (1) An application for a construction permit to build a broadcasting facility shall be in the form set out in the Fourth Schedule. Filing applications (2) The Broadcasting and Construction Permit licence shall be in the form set out in the Fifth Schedule. (3) The Minister may allow extension of time where circumstances beyond the control of the contractor prevent the completion of construction in the time specified in the permit. (4) A confirmation of a broadcasting licence shall be in the form set out in the Sixth Schedule. (5) The Minister may make changes or modifications to the confirmation licence to comply with international treaties and agreements. (6) The licence or the right to use the frequency is not transferable. the confirmation licence to comply with international treaties and agreements. (6) The licence or the right to use the frequency is not transferable. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (7) The application shall be issued within a period of two months. (8) The construction period shall not exceed one and a half years. (9) The Minister shall, at regular intervals, publish in the Gazette and the national media, a list of applications accepted. (10) Where an application is rejected a fresh application may be filed within thirty days from the date of refusal and the licence may be issued unless the Minister has not granted the licence to a competing applicant. 7. (1) There shall be the following radio station licences: Types of stations (a) commercial television stations; (b) commercial AM/FM stations; (c) FM translators; (d) television translators; (e) low power television; (f) FM and television booster stations; (g) auxiliary services; (h) international broadcasting stations; and (i) cable television services. (2) No person without a permit or licence of a primary frequency modulation broadcasting station shall apply for a frequency modulation broadcasting booster authorisation. a permit or licence of a primary frequency modulation broadcasting station shall apply for a frequency modulation broadcasting booster authorisation. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (3) No person shall, without a permit or licence for a full service television broadcasting station, retransmit programmes and signals of its primary station to areas of low signal strength in any region within the primary television station's Grade B contour. (4) An international broadcasting station shall operate at an internationally predetermined frequency. 8. (1) The following radio transmission shall be available to media not controlled by the Government: Transmissions (a) Long Wave (LW); (b) Medium Wave (MW); and (c) Frequency Modulation (FM). (2) The following television transmissions shall be available for Government controlled media: (a) Band III; (b) Band IV; (c) Band V; and (d) satellite broadcasting. (3) The following radio transmissions shall be available for Government controlled media: (a) Short Wave (SW) for radio broadcasting; and (b) Band III for television broadcasting. 9. (1) A person who applies for a broadcasting station licence shall: Notice in local media (a) give notice in a local newspaper or national media if no local newspaper is available; a broadcasting station licence shall: Notice in local media (a) give notice in a local newspaper or national media if no local newspaper is available; The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia (b) publish the notice at least twice a week in two consecutive weeks. (2) The notice shall contain the following information: (a) the name of the applicant; (b) the names of the officers and directors holding more than 10 per cent or more of the shares of the company; (c) the purpose for which the application is filed; (d) the date filed; (e) the call and letters of the frequency or channel; (f) the facilities sought, including the type and class of station power location of studios, transmitters and antenna height; (g) a statement that a copy of the application and related materials is filed for public inspection at a stated address in the community in which the station is proposed to be located; (h) a statement that members of the public wishing to bring information to the attention of the Minister regarding the legal, financial, technical or programming qualifications of the applicant shall do so not later than the last day of publishing the announcement. 10. legal, financial, technical or programming qualifications of the applicant shall do so not later than the last day of publishing the announcement. 10. The following limits of common media ownership shall apply: (a) ownership limits of AM, FM and television station; and (b) regional or local ownership limits or AM, FM and television stations. ship shall apply: (a) ownership limits of AM, FM and television station; and (b) regional or local ownership limits or AM, FM and television stations. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia FIRST SCHEDULE (Regulation 3 (3)) FEES FOR INDEPENDENT TELEVISION STATIONS Type of Fee Fee units Type of Service 1. Application for licence 1,000 Acquisition of forms and processing fee 2. Assignment of station licence 40,000 primary licence charge Primary broadcasting/ cable television services (Subscription television) 3. Any other subsequent construction, station modification or service expansion 10% of primary licence charge (4,000) Secondary broadcasting casting activities such as TV translators and LPTV station translators and LPTV stations TV booster stations, TV auxiliary broadcasting station, etc. 4. Annual subscription fee 25% of primary licence charge (10,000) 5. Station licence renewal 50% of primary licence charge (20,000) 6. Application for extension of time to construct station or replace construction permit 1% of primary licence charge (400) 7. Application for amateur or temporary station licence 1% of primary licence charge (400) FEES FOR INDEPENDENT FM RADIO STATION Type of Fee Fee units Type of Service 1. amateur or temporary station licence 1% of primary licence charge (400) FEES FOR INDEPENDENT FM RADIO STATION Type of Fee Fee units Type of Service 1. Application for licence 1,000 Acquisition of forms and processing fee 2. Assignment of station licence 20,000 (primary licence charge) Primary broadcasting 3. Any other subsequent construction, modification or service expansion 10% of primary licence charge (2,000) Secondary broadcasting activities such as FM translator station, FM Booster stations, FM auxiliary services etc. 4. Annual subscription fee 25% of primary licence charge (5,000) 5. Station licence renewal 50% of primary licence charge (10,000) 6. Application for extension of time to construct station or replace construction permit 1% of primary licence charge (200) 7. Application for amateur or temporary station (200) 1% of primary licence charge n or replace construction permit 1% of primary licence charge (200) 7. Application for amateur or temporary station (200) 1% of primary licence charge The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia FEES FOR INDEPENDENT FM RADIO STATION Type of Fee Fee units Type of Service 1. Application for licence 1,000 Acquisition of forms and processing fee 2. Assignment of station licence 30,000 (primary licence charge) Primary broadcasting 3. Any other subsequent construction, modification or service expansion 10% of primary licence charge (3,000) Secondary broadcasting casting activities such as radio auxiliary service 4. Annual subscription fee 25% of primary licence charge (7,500) 5. Station licence renewal 50% of primary licence charge (15,000) 6. Application for extension of time to construct station or replace construction permit 1% of primary licence charge (300) 7. Application for amateur or temporary station (200) 1% of primary licence charge (300) eplace construction permit 1% of primary licence charge (300) 7. Application for amateur or temporary station (200) 1% of primary licence charge (300) The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SECOND SCHEDULE (Regulation 3 (4)) FEE PROCESSING FORM 1. Applicant's name ............................................................................................................................................................ 2. Mailing address .............................................................................................................................................................. ........................................................................................................................................................................................ ........................................................................................................................................................................................ 3. Town .............................................................................................................................................................................. 4. ................................................................................................................................................... 4. State/Country (If foreign Address) ........................................................................................................................................................ 5. Broadcasting Station ...................................................................................................................................................... 6. Call Sign .......................................................................................................................................................................... 7. Type of Fee(s) ................................................................................................................................................................ ........................................................................................................................................................................................ ........................................................................................................................................................................................ 8. Total amount due: fee units................. 9. ................................................................................................... 8. Total amount due: fee units................. 9. Total amount remitted with this Application: fee units ........................................................................................................................................ 10. Mode of Payment: By post ...................................................................................................................................... Hand Deliver .............................................................................................................................. 11. Form of Payment: Cash .......................................................................................................................................... Cheque ...................................................................................................................................... Telegraphic Money Order .......................................................................................................... Bank Draft .................................................................................................................................. 12. .... Bank Draft .................................................................................................................................. 12. *If sent by Cheque indicate Cheque No .......................................................................................................................... 13. Applicant's Signature .................................................................................................................... Date ...................... The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia THIRD SCHEDULE (Regulation 4 (2)) MIBS/BLC 5 Ref. No .............................. Call Sign .............................. Ministry of Information and Broadcasting Services REPORT OF COMPLETED STATION CONSTRUCTION SECTION I-GENERAL INFORMATION 1. Applicant's Name ............................................................................................................................................................ Applicant's mailing address ............................................................................................................................................ Telephone No ................................................................................................................................................................ ...................................................................................................................................................... The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SECTION II-TECHNICAL DATA 2. Completion date of construction................ 2.1 Description of facilities as authorised by the construction permit: (a) Location of transmitting station (co-ordinates) (b) Antenna co-ordinates "N. Latitude "W. Longitude Horizontal Vertical (c) Effective radiated power .............................. kW .................................. kW (d) Beam tilt effective radiated power (if applicable) .............................. kW .................................. kW (e) Radiation centre above ground .............................. m .................................. m (f) Radiation centre above mean sea level .............................. m .................................. m (g) Antenna height above average terrain .............................. m .................................. m (h) Overall tower above ground (including antenna, all other appertunances, lighting, if any) .............................. metres 2.2 Description of facilities as constructed: (a) Antenna co-ordinates º ' "N. Latitude º ' "W. ighting, if any) .............................. metres 2.2 Description of facilities as constructed: (a) Antenna co-ordinates º ' "N. Latitude º ' "W. Longitude Horizontal Vertical (b) Effective radiated power ............................kW .................................. kW (c) Beam tilt effective radiated power (if applicable) ............................kW .................................. kW (d) Radiation centre above ground ............................m .................................. m (e) Radiation centre above ground ............................m .................................. m (f) Antenna height above ground ............................m .................................. m (g) Overall tower above ground (including antenna, all other appertunances and lighting, if any) ............................ metres 2.3 Are there any differences the facilities describes in item 2.1 and those in item 2.27 Yes No If YES, attach an annexture explaining in detail how these differences occurred. Annexture No. 2.4 Attach an annexture in compliance with any special operations, terms and obligations described in the construction permit Annexture No. exture No. 2.4 Attach an annexture in compliance with any special operations, terms and obligations described in the construction permit Annexture No. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia Does not Apply 2.5 Antenna description Make Mode No No. of Section Power Gain If the antenna utilises tilt, null fill, reduced spacing (less than one wavelength) between bays or the antenna is directional or specialised, an Annexture must be attached. Also attach radiating pattern. Annexture No. 2.6 Transmission system description (a) Transmission line: Make Model No. Length in m (b) Perfect efficiency of entire transmission line system ....................................................................................... % If any losses are included in 2.6 (b) other than the loss of transmission line listed in 2.6 (a), attach an Annexture detailing these addition losses. Annexture No. 2.7 Transmitter power output (in kilowatts) .............................................................................................. ........... kW 2.8 Operating constants: (a) D.C. plate current in last radio stage (amperes) .......................................................................................... A (b) Applied D.C. te current in last radio stage (amperes) .......................................................................................... A (b) Applied D.C. voltage in last radio stage (volts) ............................................................................................ V (c) Efficiency of transmitter at operating power (percent) .............................................................................. % (d) RF transmission line meter reading (percent) ............................................................................................. % CERTIFICATION I certify that the foregoing statement of technical information is true to the best of my knowledge and belief. Name ................................................................................. Signature ................................................................................. Address ....................................................................................................................................... Date ............................... Technical Director Other Chief Engineer (Operator) (Specify) ............................................... .... Date ............................... Technical Director Other Chief Engineer (Operator) (Specify) ............................................... The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia FOURTH SCHEDULE (Regulation 6 (1)) MIBS/BLC 3 Ministry of Information and Broadcasting Services APPLICATION FOR CONSTRUCTION PERMIT FOR RADIO AND TV BROADCASTING STATIONS IN ZAMBIA SECTIONS I - GENERAL INFORMATION 1. Name/s of applicant/s ................................................................................................................................................. 1.2 Mailing address of applicant ....................................................................................................................................... 1.3 Telephone No ......................................... Telex ................................... Facsimile ...................................................... 1.4 Is fee submitted with this form? Yes No If yes, state amount enclosed K....................................................................................and enclose copy of receipt. Yes No If yes, state amount enclosed K....................................................................................and enclose copy of receipt. 1.5 This application is for (check appropriate boxes) Amateur AM TV Commercial Public Other (Specify).................................................................................................................................................................. SECTIONS II - LEGAL QUALIFICATIONS 2.1 Application is (check one box) Natural person Legal person (corporation) Other 2.2 Nationality of applicant if applicant is a natural person .................................................................................................... 2.3 If applicant is a corporation, identify the date and place where applicant is registered. Date .............................. Place .................................................................................................................................... Attach to this application as Exhibit No. 1 a verified copy of the applicant's registration certification. 2.4 Name, address and citizenship (nationality) of director and each officer of the corporation. d copy of the applicant's registration certification. 2.4 Name, address and citizenship (nationality) of director and each officer of the corporation. .......................................................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... 2.5 Name, address and nationality of each person who owns stock/share in the corporation. Specify the number ......................................... 2.5 Name, address and nationality of each person who owns stock/share in the corporation. Specify the number The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia and percentage of shares owned by each person. .......................................................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... 2.6 Total authorised shares of corporate stock .................................................................................................................... Total issued shares of corporate stock ............................................................................................................................ shares of corporate stock ............................................................................................................................ 2.7 Are there any documents, instruments, contracts or understanding (written or oral) not already identified in this application, relating to current or future ownership interests in the applicant or rights to profits or income from the proposed operation of the broadcasting station? Yes No If yes, attach to this application any such documents as Annexture No. 2. All oral understandings must be reduced to writing and included as a part of Annexture No. 2. 2.8 Are there any documents, instruments, contracts or understandings (written or oral), not already identified in this application, relating to programming or technical operation of the proposed stationor any other aspect of the proposed station(s) operation? Yes No If yes, attach to this application any such document, as Annexture No. 3. All oral understandings must be reduced to writing and included as a part of Annexture No. 3. 2.9 Does the applicant or any part to this application or any member of the immediate family of any party to this application have interest as an owner, director or officer in any broadcasting or other media in Zambia? of the immediate family of any party to this application have interest as an owner, director or officer in any broadcasting or other media in Zambia? Yes No 2.10 Has an adverse finding been made or an adverse final action been taken by any court or administrative body as to the applicant or any party identified in response to No. 2.5, and 2.9 above? Yes No If the answer is yes, attach as Annexture No. 4 a full disclosure of the person(s) and matters involved, including an identification of the court or administrative body and the proceeding (by dates and file numbers), a statement of the facts upon which the proceeding is or was based or the nature of the offence alleged or committed, and a description of the current status or disposition of the matter. SECTIONS III - FINANCIAL QUALIFICATIONS 3.1 Attach as Annexture No. 5 a detailed itemisation of the total costs of constructing the proposed station and the total cost of operating the station for one year after construction is completed. Costs must include infrastructure, staff and all other expenses. 3.2 Attach as Annexture No. 6 verified financial documentation which establishes the ability of each source to provide the funds noted. ther expenses. 3.2 Attach as Annexture No. 6 verified financial documentation which establishes the ability of each source to provide the funds noted. 3.3 Will any funds, credits or any other financial assistance for the construction, purchase or operation of the station(s) be provided by aliens, foreign entities, or domestic entities controlled by aliens, or their agents: Yes No n, purchase or operation of the station(s) be provided by aliens, foreign entities, or domestic entities controlled by aliens, or their agents: Yes No The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia If yes, attach as Annexture No. 7 a full disclosure concerning this assistance. SECTION IV-INFRASTRUCTURE-ENGINEERING 4.1 Transmission medium (e.g. cable/terrestrial or microwave links/satellite). 4.2 Frequency band (e.g. LF/MF/SW/FM/VHF/UHF). 4.3 Operating frequency. 4.4 Coverage Area (attach map as Annexture No. 8). 4.5 (a) Site for transmitter (indicate exact geographical co-ordinates): (b) Make/type, of transmitting equipment: (c) Radiated power: 4.6 Site for studio. 4.7 Will any existing transmission facilities in Zambia be used? Yes No If yes, identify owner and describe location of facilities to be used. Also describe manner in which facilities will be used and provide proof of contract with owner of facilities as Annexture No. 9. 4.8 Antenna Characteristics: (a) Type of Antenna (b) Height and Gain (c) Other Particulars 4.9 Provide proof as Annexture No. 10 that the proposed site is available for the use intended by this application. ght and Gain (c) Other Particulars 4.9 Provide proof as Annexture No. 10 that the proposed site is available for the use intended by this application. The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SECTION V-PROPOSED PROGRAMMING 5.1 Details of any previous experience in broadcasting .................................................................................................. .................................................................................................................................................................................... .................................................................................................................................................................................... .................................................................................................................................................................................... .................................................................................................................................................................................... 5.2 In what language(s) will programming be broadcasting ............................................................................................ 5.2 In what language(s) will programming be broadcasting ............................................................................................ .................................................................................................................................................................................... 5.3 Proposed number of hours station will broadcasting each day (Specify times of the day) .......................................................................................................................................... 5.4 Attach as Annexture No. 11 details of proposed programme schedule showing programming format. 5.5 Estimated percentage programming time to be: (a) Produced in Zambia by applicant ........................................................................................................................ (b) Produced in Zambia by other organisations ........................................................................................................ (c) Relayed directly from foreign sources .................................................................................................................. (d) Obtained via other means from foreign sources .................................................................................................. . (d) Obtained via other means from foreign sources .................................................................................................. 5.6 Percentage time allocated to: Coverage of Zambian scenes % Zambian Music % Other Music % Zambian sport % International sport % Educational broadcasts produced in Zambia % Other educational broadcasts % Public service announcements and programmes % Community messages % Advertising % 5.7 Source of programming % Zambian news and current affairs % Foreign news and current affairs % Music % Advertising % Other % 5.8 Station identification .................................................................................................................................................... 5.9 Call sign ...................................................................................................................................................................... CERTIFICATION I certify that the statements in this application are true and correct to the best of my knowledge and belief. Name of Applicant Signature of Chief Executive ............................................................................ .................................................................................... Date .................................................................. .............................................................................. Date .................................................................. Title ............................................................................ Title ............................................................................ The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia FIFTH SCHEDULE (Regulation 6 (2)) Ministry of Information and Broadcasting Services BROADCASTING AND CONSTRUCTION PERMIT Subject to the provision of ................................................................................................ Act of 19 ........................................ Rules and Regulations set forth in this permit, authority is hereby granted to construct and build FM Broadcasting Station located and described as follows: Name .......................................................................................................................................................................... Authorised assignment .............................................................................................................................................. 1. Frequency .............................................................................................................................................................. 2. ................................................................................................................................................... 2. Transmitter output power ...................................................................................................................................... 3. Effective radiated power ........................................................................................................................................ 4. Antenna height above ground (metres) ................................................................................................................ 5. Hours of operation ................................................................................................................................................ 6. Station Location .................................................................................................................................................... 7. Studio location (if applicable) ................................................................................................................................ 8. Location of antenna and supporting structure: North Latitude degree º ' ' West Longitude degree º ' ' 9. .......................................... 8. Location of antenna and supporting structure: North Latitude degree º ' ' West Longitude degree º ' ' 9. Transmitter location .............................................................................................................................................. 10. Transmitter(s) Type .............................................................................................................................................. 11. Aviation obstruction markings .............................................................................................................................. 12. Additional/Special conditions ................................................................................................................................ 13. Date of required commencement of construction ................................................................................................ 14. Date of required completion of construction ........................................................................................................ Ref No ...................................................................... Call sign .................................................................... Date .......................................................................... n .................................................................... Date .......................................................................... .................................................................................... Ministry of Information and Broadcasting Services .................................................................................... Ministry of Information and Broadcasting Services The Laws of Zambia Copyright Ministry of Legal Affairs, Government of the Republic of Zambia SIXTH SCHEDULE (Regulation 6 (4)) Ministry of Information and Broadcasting Services CONFIRMED BROADCASTING LICENCE Subject to the provision of ........................................................................................ Act of 19 ....................................... and Ministry Rules and Regulations, and further subject to conditions set forth in this licence, the Minister has this ....................................................................................................day of ...................................... licensed ...................................................................................................................................................... to use and operate the apparatus hereinafter described for the purpose of broadcasting for the term ending ........................................................................................................................................................................................ The licensee shall use and operate the said apparatus in accordance with the following terms: 1. ..................................................... The licensee shall use and operate the said apparatus in accordance with the following terms: 1. Frequency ............................................................................................................................................................ 2. Transmitter output power .................................................................................................................................... 3. Effective radiated power ...................................................................................................................................... 4. Antenna height above ground (metres) .............................................................................................................. 5. Hours of operation .............................................................................................................................................. 6. Station Location (Town)........................................................................................................................................ 7. Location of antenna and supporting structure: North Latitude degree º ' ' West Longitude degree º ' ' 8. .......................................... 7. Location of antenna and supporting structure: North Latitude degree º ' ' West Longitude degree º ' ' 8. Transmitter location ............................................................................................................................................ 9. Type of transmitter(s) .......................................................................................................................................... 10. Aviation obstruction markings .............................................................................................................................. 11. Additional/Special conditions .............................................................................................................................. CERTIFICATION I certify that the statements contained in this application are true to the best of my knowledge and belief. Licensee fee units................................annually Signature.................................................. Date............................................................ Signed..................................................................................... Minister Date............................................................
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