Section 19: Application for licence

19. Application for licence (1) Any person who wishes to obtain a licence under this Act shall make an application to the Authority in the prescribed form. (2) The Authority may require the applicant to furnish information— (a) in relation to his ability to provide a broadcasting service or to the technical material available to him; and (b) which may be reasonably necessary in order to enable the Authority to— (i) determine whether the applicant is a fit and proper person to hold a licence under this Act; and (ii) properly consider the application. (3) Subject to subsections (3A) and (3B), the Authority shall not grant a licence where the applicant— (a) already holds a licence or, directly or indirectly, controls or has an interest in an organisation, association, company or corporate body which already holds a licence; (b) is not a citizen of Mauritius or is not ordinarily resident in Mauritius; (c) is a member of a political party or is actively engaged in politics; (d) is a political party or association; (e) is a religious organisation or association; (f) is a local authority; (g) has been adjudged bankrupt or declared insolvent or has been found liable for defamation or sedition, or has been convicted for any offence involving fraud or dishonesty; or (h) is a company or body corporate— (i) formed, registered or incorporated in a foreign country; I6 – 9 [Issue 9] Independent Broadcasting Authority Act (ii) 20 per cent or more of the shares of which are owned or controlled, directly or indirectly, by a foreign national, company or body corporate; (iii) 20 per cent or more of the directors of which are foreign nationals; or (iv) 20 per cent or more of the shares of which are owned or controlled, directly or indirectly, by an individual who, or by another company or body corporate which, owns or controls, directly or indirectly, any newspaper or magazine, or any printing press publishing such newspaper or magazine. (3A) The Authority may grant a licence specified in item 2A of Part III of the First Schedule to a company, notwithstanding that it does not satisfy the requirements of subsection (3) (h) (ii), (iii) or (iv). (3B) The Authority may grant, with regard to Internet Service Providers licensed by the Information and Communication Technologies Authority, a licence specified in Part III of the First Schedule notwithstanding the fact that the licensed Internet Service Provider did not satisfy the requirements of subsection (3) (h) (ii) and (iii). (4) On receipt of an application made under subsection (1), the Authority shall, where it is satisfied that segments of broadcasting frequency bands are available and will be allocated to the applicant by the ICT Authority— (a) cause notice thereof to be published in the Gazette and, for 3 consecutive days, in not less than 2 daily newspapers; and (b) invite all interested persons, who so wish, to lodge with the Authority such objections as they may have against the application. (5) Any person who wishes to object to an application shall, not later than 21 days after the last date of the publication specified in subsection (4), lodge his objection in writing with the Authority. [S. 19 amended by s. 11 (a) of Act 20 of 2009 w.e.f. 19 December 2009; s. 25 (c) of Act 9 of 2015 w.e.f. 14 May 2015.]