109. Functions of Association 110. Finances of Association 111. Reports 112. Regulations regarding Association 113. Alternative dispute resolution CHAPTER X GENERAL PROVISIONS 114. Regulatory offences 115. Manner of prosecuting regulatory offences 116. Enforcement order 117. General offences 118. Forfeiture of equipment or apparatus 119. Production of books and records 120. Summoning of witnesses 121. to monitor compliance with provisions of this Act 122. Investigations by Authority 123. Inspectors 124. Special investigators 125. General powers of inspectors 126. Power to enter and search 127. Investigation of offences 128. Expropriation 129. Regulations 130. National security 131. Complaints by users 132. Mediation proceedings 133. Act to bind 134. Repeal and amendment of laws 135. Transitional provisions 136. title and commencement SCHEDULE [The Act uses both the typically British spelling “programmes” and the typically American spelling “programs”; these words are reproduced as they appear in the Government Gazette.] CHAPTER I INTRODUCTORY PROVISIONS Definitions and interpretation 1. (1) In this Act, unless the context indicates otherwise - “Association” means the .na Domain Name Association established by section 103; “Authority” the Communications Regulatory Authority of Namibia established by section 4; “Board” means the Board of the Authority referred to in section 8; “broadcast” means to disseminate electronic communications -
(a) by waves if that communications are intended to be received by the public or the subscribers to a particular service, directly or by the intermediary of relay stations; or (b) by any other means if that communications are intended to be received by the public or the subscribers to a particular service and the Authority has after following a rule-making procedure, by regulation prescribed that the specified services are broadcasting services; [The word “that” should be “those” in both paragraphs (a) and (b) to be grammatically correct.] “broadcasting code” the broadcasting code made in terms of section 89; “broadcasting licence” means a broadcasting licence issued in terms of section 85; “Chairperson” the Chairperson of the Board appointed under section 13; “class licence” means a telecommunications licence referred to in section 38(1)(c); “communications” means electronic communications and communications by means of postal services; “customer” any person who concluded a contract with the provider of telecommunications services for the provision of such services; “Director-General” means the Director-General defined in section 1 of the Namibia Central Intelligence Service Act, 1997 (Act No. 10 of 1997); “domestic telecommunications service” means a telecommunications service that both originate and terminate within Namibia; [The “originate” and “terminate” should be “originates” and “terminates” to be grammatically correct.] “dominant” means determined to be dominant as contemplated in section 78; “electronic communications” any emission, transmission or reception of sound, pictures, text or any other information by wire, radio waves, optical media, electromagnetic systems or any other means of a like nature; line telephone service” means the commercial provision to the public of a service consisting of the transport and switching of speech in real time over its network, enabling any user to use equipment connected to termination points of that network so as to communicate with another termination point or any termination point on a network interconnected with the network of the carrier concerned; “individual licence” means a telecommunications licence referred to in section 38(1)(a) or (b); “international telecommunications service” means any telecommunications service provided between Namibia and foreign countries; “interconnection” means the linking of two telecommunications so that users of either network may communicate with users of, or utilise services provided by means of, the other network or any other telecommunication network connected to the other network; “member” means a member of the Board;