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Section 76, The National Communications Authority Act, 2022

Status not yet checkedThe National Communications Authority Act, 2022, Sierra Leone

(1) The Authority shall grant a unified licence on the basisof objective, non-discriminatory, transparent, proportionate and detailed selection criteria. (2) In any selection, the Authority shall take into account the need to facilitate the development of competition and maximise advantages for users. (3) In taking a decision under subsection (2) of section 75 , the Authority will take into account whether- (a) the financial resources of the applicant are adequate; (b) the electronic communications network in relation to which the application is made is technically suitable for the service intended to be rendered; (c) the applicant is financially and technically capable of meeting the obligations and the terms and conditions of the licence; (d) the applicant and, if a company, any promoter, director or other officer thereof has not been convicted of any offence, involving fraud or dishonesty; Issuance of (4) The Authority may, for the purposes of preserving confidentiality, restrict access to documents or information indicated as confidential that is requested by any person, except required by court order or legally competent person. (5) Where the Authority receives any information designated as confidential and a member, employee or agent of the Authority discloses the contents of the confidential document to a person not authorised to receive such information , the member, employee or agent commits an offence. PART XV-TRANSFER OF OWNERSHIP 82. (1) A licensee shall not transfer the control of a licence to another entity or person within 3 years of issuance of the licence or before rolling out. (2) A licensee shall give prior notification to the Authority of any future direct or indirect changes to its ownership or control. (3) A licensee shall obtain the Authority’s prior written approval for any- (a) transfer of ownership and control that would result in the direct or indirect ownership of 25% or more of the issued voting share capital of the licensee changing hands; and (b) change in ownership of the licensee’s issued voting share capital that results in a change to the composition of one-quarter of the licensee’s board of directors. control of No. 16 The National Communications Authority Act 2022No. 16 The National Communications Authority Act 2022 (e) the application complies with the provisions of this Act; and (f) it is in the public interest to grant the licence.

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