the telecommunications act, 2001 - sice the oas · pdf filethe telecommunications act, 2001...

THE TELECOMMUNICATIONS ACT, 2001

Arrangement of Sections

PART I

PRELIMINARY

Section1. Short title and commencement2. Interpretation3. Objects of the Act

PART II

THE TELECOMMUNICATIONS AUTHORITY

4. Establishment of the Authority5. Management of Authority by Board6. Constitution of Board7. Corporate Secretary8. Executive Director9. Absence from office of Executive Director

10. Seal11. Ordinary meetings12. Special meetings13. Quorum14. Decisions of the Board15. Disclosure of interest16. Inducement, collusion, concealment or connivance17. Personal liability of members18. Functions and powers of the Authority19. Directions by the Minister20. Assets transferred to the Authority

PART III

CONCESSIONS

21. Requirement for a concession22. Conditions applicable to all concessions23. Conditions applicable to a concession for a broadcasting service24. Conditions applicable to a concession for a public

telecommunications network or service

25. Interconnection26. Access to facilities27. Government essential services28. Universal service29. Prices30. Termination, suspension or amendment of concession31. Renewal of concession32. Terminal equipment33. Road works34. Repair and restoration35. Trees

PART IV

LICENCES, SPECTRUM MANAGEMENT AND NUMBERING

36. Requirement for a licence37. Conditions of licence38. Authorisation to operate in territorial waters or airspace39. Termination, suspension, amendment or renewal of licence40. Operation of equipment41. Spectrum42. Allocation of frequency bands43. Exercise of functions44. Numbering plan

PART V

TECHNICAL STANDARDS

45. Standards

PART VI

TESTING AND INSPECTION

46. Inspectors47. Power to request information48. Pre-installation testing49. Standards for testing50. Entry and search51. Magistrate may issue warrant

ii

PART VII

FINANCIAL PROVISIONS

52. Financial powers of the Authority

53. Funds of the Authority

54. Exemption from tax and provisions of Central Tenders BoardOrdinance, 1961

55. Estimates of expenditure

56. Preparation of annual reports and accounts by Authority

57. Audit of accounts

58. Financial year

59. Authority may make rules

PART VIII

STAFF AND RELATED MATTERS

60. Employment of staff

61. Secondment

62. Transfer of officers to the Authority

63. Pension fund plan

64. Employment of persons for specific tasks

PART IX

OFFENCES

65. Offences

66. Obstructing an inspector

67. False signals

68. False communications

69. Damage to equipment

70. Recovery of civil debt

71. General penalty

72. Amendment of penalties

iii

PART X

GENERAL

73. Directions for Minister74. Minister’s certification75. Monitoring stations76. Harmful interference77. Obligations under international agreements78. Regulations79. Authority to promulgate Broadcasting Code80. Confidentiality81. Forbearance82. Dispute resolution83. Reconsideration and appeal84. Telecommunications during an emergency85. Repeal and transitional provisions

SCHEDULE

iv

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 40,No. 130, 11th July, 2001

First Session Sixth Parliament Republic of Trinidadand Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 4 of 2001

[L.S.]

AN ACT for the regulation of Telecommunications inTrinidad and Tobago

[Assented to 5th July, 2001]

WHEREAS, the Government believes that in order topromote the country as the regional centre for the newinformation economy, it is necessary to establish a

Preamble

comprehensive and modern legal framework for anopen telecommunications sector by permitting newproviders of telecommunications services to enter themarket and compete fairly:

And whereas it is appropriate that an Authority beestablished with transparent regulatory processes toguide the sector ’s transformation from virtualmonopoly, in which Telecommunications Services ofTrinidad and Tobago is the principal provider oftelecommunications services, to a competitiveenvironment, to monitor and regulate the sector sotransformed and, in particular, to prevent anti-competitive practices:

And whereas, in order to achieve these stated goals,it is necessary to repeal the existing, outdatedlegislation and enact new legislation, as hereunderproposed:

And whereas existing legislation in the related fieldof broadcasting is also outdated:

ENACTED by the Parliament of Trinidad and Tobago asfollows:—

PART I

PRELIMINARY

1. (1) This Act may be cited as the Telecommunica-tions Act, 2001.

(2) Parts I, II, VII, VIII and X with the exception ofsections 77, 81, 82, 83, 84 and 85 shall take effect onthe date of assent of this Act, and the remaining Partsshall take effect on dates to be fixed by the President,by Proclamation.

2. (1) In this Act—“access” means the ability of a user or provider

to utilize the available network of anotherprovider or user;

Short title andcommencement

Interpretation

Enactment

26 No. 4 Telecommunications 2001

“affiliate” means an affiliated body corporatewithin the meaning of section 5 of theCompanies Act;

“Authority” means the Trinidad and TobagoTelecommunications Authority establishedunder section 4;

“broadcasting service” means the offering ofthe transmission of programmes whetheror not encrypted, by any means oftelecommunications, for reception by thegeneral public, including sound, radio,television and other types oftransmissions, such as those on a point tomultipoint basis;

“closed user group” means a group of persons,who have a common business or othereconomic interest other than the provisionof a telecommunications service;

“closed user group service” means atelecommunications service, used by aclosed user group, operated withoutinterconnection to a public tele-communications network;

“concession” means an authorization to operatea public telecommunications network orprovide a public telecommunicationsservice or broadcasting service, issuedpursuant to section 21;

“Convention” means the InternationalTelecommunication Union Conventionadopted from time to time and in force, tothe extent ratified by Trinidad andTobago;

“Executive Director” means the ChiefExecutive Officer of the Authorityappointed by the Board in accordance withsection 8;

No. 4 Telecommunications 2001 27

Act No. 35 of 1995

“facility” means a physical component of atelecommunications network, other thanterminal equipment, including wires,lines, terrestrial and submarine cables,wave guides, optics or other equipment orobject connected therewith, used for thepurpose of telecommunications andincludes any post, pole, tower, standard,bracket, stay, strut, insulator, pipe,conduit, or similar thing used for carrying,suspending, supporting or protecting thestructure;

“frequency band” means a continuousfrequency range of spectrum;

“harmful interference” means interferencewhich endangers the functioning oftelecommunications so as to impede,degrade, obstruct or interrupt atelecommunications service;

“interconnection” means the linking of publictelecommunications networks and publictelecommunications services, to allow theusers of one provider of a publictelecommunications service tocommunicate with the users of anotherprovider of a public telecommunicationsservice, and to access the services providedby such other provider;

“licence” means an authorization issuedpursuant to section 36;

“local authority” means the council of amunicipal corporation within the meaningof the Municipal Corporations Act, 1990;Act No. 21 of 1990


“Minister” means the member of Cabinet towhom responsibility for telecom-munications is assigned;

“network termination point” means the pointdesignated for connection of equipment bya user to a telecommunications network;

“pension fund plan” has the meaning assignedto it by section 28(1) of the Income TaxAct;

“pension law” has the meaning assigned to itby the Law Reform (Pensions) Act, 1997except for the reference to the Defence Act;

“private telecommunications service” means atelecommunications service used withinone enterprise or its affiliates, to satisfyits or their internal needs and operatedwithout any interconnection to a publictelecommunications network;

“public ground” includes any open or enclosedspace to which, for the time being, thepublic has or is permitted to have access;

“Public Service” has the meaning assigned to itunder section 3 of the Constitution;

“public telecommunications network” means atelecommunications network used toprovide a public telecommunicationsservice;

“public telecommunications service” means atelecommunications service, including apublic telephone service, offered tomembers of the general public, wherebyone user can communicate with any otheruser in real time, regardless of thetechnology used to provide such service;

Chap. 1:01

Chap. 75:01

Act No. 20 of 1997

Chap. 14:01


“public telephone service” means thecommercial provision to the public of thedirect transport and switching of voice inreal time from and to points at whichusers are connected to a network such thata user can use terminal equipment tocommunicate with another user;

“radiocommunication service” means a serviceperformed or intended to be performed orfacilities provided or intended to beprovided involving the transmission,emission or reception of electromagneticwaves for telecommunications purposes;

“road works” means any activity that involvesbreaking open a street or public ground, orthat removes, alters or affects any utilityinstallation;

“spectrum” means the continuous range ofelectromagnetic wave frequencies used fortelecommunications;

“station” means one or more transmitters orreceivers or a combination of transmittersand receivers including accessoryequipment at one location for carrying ona radiocommunication service;

“street” has the same meaning assigned to it insection 2 of the Highways Act;

“telecommunications” includes the trans-mission, emission or reception of signals,writing, pulses, images, sounds or otherintelligence of any kind by wire, radio,terrestrial or submarine cables, optical orelectromagnetic spectrum or by way of anyother technology;

Chap. 48:01


“telecommunications network” means a systemor any part thereof used for the provisionof a telecommunications service;

“telecommunications service” includes a closeduser group service, a privatetelecommunications service, a publictelecommunications service, and aradiocommunication service;

“terminal equipment” means equipment on theuser ’s side of the network terminationpoint that is connected to atelecommunications network by wire,optical or electromagnetic means and withwhich a user can originate, process orterminate telecommunications;

“Tobago House of Assembly” means theAssembly established under the TobagoHouse of Assembly Act;

“universal service” means the provision oftelecommunications services throughoutTrinidad and Tobago, in accordance withthe criteria stipulated in section 28;

“user” means a customer or a subscriber;

“utility installation” means any facility in orover a street or public ground;

“utility installation owner” means the owner oroperator of any utility installation, andincludes any concessionaire or licensee,statutory authority and any other entitydefined to be a public utility in theRegulated Industries Commission Act;

“value added service” means a service, otherthan a public telecommunications service,that, using a telecommunications service,

Act No. 40 of 1996

Act No. 26 of 1998


modifies the form, content, code, protocolor other similar aspect of thecommunication, restructures, adds orsupplies information or permits userinteraction with information.

(2) Terms and words relating to tele-communications used in the Act but not defined in thissection shall bear the meaning assigned to them in theConvention.

(3) The Minister may, by Order, amend thissection, subject to affirmative resolution of Parliament.

3. The objects of the Act are to establish conditionsfor—

(a) an open market for telecommunicationsservices, including conditions for faircompetition, at the national andinternational levels;

(b) the facilitation of the orderly developmentof a telecommunications system that servesto safeguard, enrich and strengthen thenational, social, cultural and economic well-being of the society;

(c) promoting and protecting the interests ofthe public by—

(i) promoting access totelecommunications services;

(ii) ensuring that services areprovided to persons able to meetthe financial and technicalobligations in relation to thoseservices;

(iii) providing for the protection ofcustomers;

(iv) promoting the interests ofcustomers, purchasers and other

Objects of the Act


users in respect of the quality andvariety of telecommunicationsservices and equipment supplied;

(d) promoting universal access totelecommunications services for all personsin Trinidad and Tobago, to the extent thatis reasonably practicable to provide suchaccess;

(e) facilitating the achievement of the objectsreferred to in paragraphs (a) and (b) in amanner consistent with Trinidad andTobago’s international commitments inrelation to the liberalization of tele-communications;

(f) promoting the telecommunications industryin Trinidad and Tobago by encouraginginvestment in, and the use of,infrastructure to provide telecommunica-tions services; and

(g) to regulate broadcasting servicesconsistently with the existing constitutionalrights and freedoms contained in section 4and 5 of the Constitution.

PART II

THE TELECOMMUNICATIONS AUTHORITY

4. There is hereby established a body corporate to beknown as the Trinidad and Tobago TelecommunicationsAuthority (hereinafter referred to as “the Authority”).

5. The Authority shall be managed by a Board(hereinafter referred to as “the Board”) for the purposeof exercising and performing such duties as areconferred upon it by this Act and by any other writtenlaw.

Establishment of theAuthority

Management ofAuthority by Board


Chap. 1:01

6. (1) The Board shall consist of—(a) a Chairman, a Deputy Chairman and not

less than five or more than nine membersappointed by the President on such termsand conditions as the President maydetermine; and

(b) an Executive Director.

(2) Of the members appointed under sub-section (1)(a)—

(a) one member shall be appointed on therecommendation of the Chief Secretary ofthe Tobago House of Assembly;

(b) at least three members shall be qualified,by reason of training and experience,in telecommunications or the tele-communication sector;

(c) one member shall be an Attorney-at-lawwithin the meaning of the Legal ProfessionAct;

(d) one member shall be a representative of artand culture;

(e) one member shall be a representative of thenon-governmental organization movement;and

(f) the remainder shall be qualified, by reasonof training and experience, in the fields ofeconomics, finance or business.

(3) Subject to subsection (4) an appointment undersubsection (1)(a) shall be for such period, being notmore than three years at any one time, as the Presidentshall specify in the instrument of appointment, and theappointments of members shall not all expire at thesame time.

Act No. 21 of 1986


Constitution of Board

(4) The first Board shall consist of a Chairman,Deputy Chairman and two members appointed for aterm of three years, three members appointed for aterm of two years and any other members that may beappointed for a term of one year each.

(5) The Chairman or Deputy Chairman may atany time resign his office as Chairman or DeputyChairman or as a member of the Board or both by letteraddressed to the President and forwarded through theMinister.

(6) A member of the Board may at any time resignby letter addressed to the Chairman who shallforthwith cause it to be forwarded to the Minister to besubmitted to the President.

(7) The appointment of any person to an office ormembership of the Board and the termination thereofwhether by death, resignation, revocation, effluxion oftime or otherwise, shall be notified in the Gazette.

(8) The President may terminate the appointmentof a member of the Board where he—

(a) becomes of unsound mind or is incapable ofcarrying out his duties;

(b) has been declared bankrupt;

(c) is convicted of any offence which brings theAuthority into disrepute;

(d) is guilty of misconduct in relation to hisduties;

(e) is absent, except on leave granted by theBoard, from three consecutive meetings ofthe Board; or

(f) fails materially and willfully to carry outany of the duties or functions conferred orimposed on him under this Act.


(9) Where a member, appointed under sub-section (1)(a) is unable to act by reason of illness orother cause, the President may appoint a person to actas a Board member in his stead for that occasion oruntil termination of the disability.

(10) A person appointed pursuant to sub-section (9), may complete any unfinished business ofthe Authority in which he has taken part,notwithstanding the resumption of duty of the Boardmember in whose place he was appointed under thissection.

(11) Section 15 applies mutatis mutandis to aperson appointed under subsection (9).

7. (1) The Board shall appoint a Corporate Secretary(hereinafter referred to as “the Secretary”) for a periodof not less than three years on such terms andconditions as it shall determine.

(2) The Secretary shall be responsible for suchmatters as the Board may determine.

(3) Service upon the Authority of any documentshall be effected by delivering or sending the same byregistered post or by facsimile or other electronicmeans, addressed to the Secretary, at the office of theAuthority.

(4) Service upon the Authority of any document,by facsimile or other electronic means, shall besupported by hard copy as soon as possible thereafter.

8. (1) The Board shall appoint an Executive Director,who shall be the Chief Executive Officer of theAuthority, for a term not exceeding five years on suchterms and conditions as are agreed upon between theBoard and the Executive Director.

Executive Director

Corporate Secretary


(2) The Executive Director shall—(a) manage the affairs of the Authority subject

to the directions of the Board;(b) attend all meetings of the Board and take

part in its deliberations but he shall haveno right to vote.

(3) The appointment of the Executive Director andthe termination of his appointment, whether by death,resignation or otherwise, shall be published in theGazette.

9. (1) Where a vacancy arises in the office of theExecutive Director either—

(a) by a resignation or termination ofappointment;

(b) by absence approved by the Board,

the Board shall appoint, from amongst the staff of theAuthority, a person to act as Executive Director.

(2) Where a person acts in accordance with thissection he—

(a) shall have and may exercise all the powersand perform all of the functions of theExecutive Director;

(b) shall receive the same remuneration as theExecutive Director; and

(c) shall, where the vacancy arose as a result ofa resignation or termination, continue toact until such time as an Executive Directoris appointed, such appointment to be nolater than six months from the date of theacting appointment.

(3) At no time shall an appointment to act asExecutive Director exceed a period of six months.

10. (1) The Authority shall have an official seal thatis to be kept in the custody of the Secretary.

Seal


Absence from officeof Executive Director

(2) The seal shall be used with the permission ofthe Board and every instrument to which it is affixedshall be signed by the Secretary and Chairman or theSecretary and Deputy Chairman.

(3) All documents other than those required bylaw to be under seal shall be signed by the Chairman orthe Deputy Chairman or a member authorised byresolution of the Board to do so.

11. (1) The Board shall meet at such times as may benecessary or expedient for the transaction of businessand in any case at least once every two months at suchplace and time and on such days as the Board maydetermine.

(2) The Chairman or, in his absence, the DeputyChairman shall preside at all meetings of the Board.

(3) Where, for any reason, the Chairman or theDeputy Chairman is absent, the members present maychoose one of their number to preside at that meeting.

(4) Notwithstanding subsections (2) and (3), noperson shall preside at any meeting when theprovisions of section 15(2) apply to him.

(5) The Board may, by way of rules or resolutions,regulate its own procedure for the conduct of itsbusiness.

(6) Minutes of each meeting shall be kept in theproper form by the Secretary and confirmed at asubsequent meeting of the Board.

(7) Copies of the confirmed Minutes referred to insubsection (6), shall be made available to the Ministerupon his request.

12. (1) The Chairman may at any time call a specialmeeting of the Board.

Special meetings


Ordinary meetings

(2) The Chairman shall call a special meetingwithin seven days of receiving a request, in writing, soto do, signed by any four members of the Board andshall cause notices to be issued to all members inrespect of every special meeting.

(3) Every request for a special meeting shallinclude sufficient indication of the purpose of themeeting.

13. At any meeting of the Board, four members of theBoard, including the presiding Chairman, shallconstitute a quorum.

14. A decision of the Board, by a majority of memberspresent and voting, shall be final and conclusive.

15. (1) the Minister and every member of the Boardshall, on appointment and annually thereafter, submitto the President a declaration stating whether or not hehas an actual or contigent pecuniary interest—

(a) in any network or service regulated by theAuthority; and

(b) in any business or any body corporatecarrying on any business with theAuthority in the exercise of its functions.

(2) The Minister and a member of the Boardwhose actual or contigent pecuniary interest is likely tobe affected in any way by a decision of the Board on anymatter specified in subsection (1) shall, as soon aspossible after the relevant facts come to his knowledge,disclose to the President the nature of that interest.

(3) In respect of any matter which, pursuant tothe provisions of this Act, requires the Board to seekthe approval of the Minister, a disclosure by theMinister pursuant to subsection (2) shall be precludehim from withholding that approval.

Disclosure of interest


Quorum

Decisions of theBoard

(4) A disclosure under subsection (2) shall berecorded in the minutes of a meeting of the Board andthe member shall—

(a) not take part after disclosure in anydeliberation or decision of the Board withrespect to that matter; and

(b) be disregarded for the purpose ofconstituting a quorum of the Board.

(5) For the purposes of this section, a person who,or a nominee or relative of whom, is a shareholder whoowns shares in excess of five per cent, or is a partner ina company or other body of persons other than astatutory authority or who is an employee thereof, shallbe treated as having an actual or contigent pecuniaryinterest.

(6) In this section, “relative” means spouse,cohabitant within the meaning of the CohabitationalRelationships Act, father, mother, brother, sister, son ordaughter of a person.

(7) Any person to whom this section applies whofails to comply with the provisions of this sectioncommits an offence and is liable on summary convictionto a fine of one hundred thousand dollars unless heproves, to the satisfaction of the Court, that he did notknow that—

(a) the matter in which he had an interest wasthe subject of consideration at the meeting;or

(b) he had an interest in the matter underconsideration at the meeting.

16. The provisions of the Prevention of CorruptionAct apply where a member of the Board or an employeeof the Authority demands or accepts any fee, perquisite,bribe, gratuity, recompense or reward, whetherpecuniary or otherwise, from any person, on account of

Inducement,collusion,concealment orconnivance Act No. 11 of 1987


Act No. 30 of 1998

anything done or to be done, omitted or to be omittedby such person, in any way relating to his office oremployment, or if such a person attempts to make anycollusive agreement to neglect his duty or to conceal orconnive at any act whereby any provision of this Act orany other law may be evaded or violated, such personcommits an offence and is liable, on summaryconviction, to a fine of not less than two hundred andfifty thousand dollars and imprisonment for two years.

17. (1) No personal liability shall attach to anymember for—

(a) any act or omission of the Board; or

(b) anything done or permitted in good faith inthe course of the operations of theAuthority under this Act.

(2) Any sums of money, damages or costsrecovered against the Authority or any member of theBoard for anything done, omitted or permitted in goodfaith in the course of the operations of the Authorityshall be paid out of such amounts as may beappropriated by Parliament.

18. (1) Subject to the provisions of this Act, theAuthority may exercise such functions and powers asare imposed on it by this Act and in particular—

(a) make recommendations to the Minister onthe granting of concessions and licences andmonitor and ensure compliance with theconditions set out therein;

(b) classify telecommunications networks andservices as public telecommunicationsnetworks, public telecommunicationsservices, closed user group services, privatetelecommunications services, value addedservices, broadcasting services or any othertype of telecommunication service;

Functions andpowers of theAuthority


Personal liability ofmembers

(c) determine universal service obligationsthroughout Trinidad and Tobago, pursuantto section 28, and ensure that suchobligations are realised;

(d) establish national telecommunicationsindustry standards and technicalstandards;

(e) advise the Minister on policies governingthe telecommunications industry and issuesarising at international, regional andnational levels;

(f) advise the Minister on technical standards;

(g) ensure compliance with the Convention;

(h) implement and enforce the provisions ofthis Act and the policies and regulationsmade hereunder;

(i) plan, supervise, regulate and manage theuse of the radio frequency spectrum,including—

(i) the licensing and registration ofradio frequencies and call signs tobe used by all stations operating inTrinidad and Tobago or on anyship, aircraft, or other vessel orsatellite registered in Trinidad andTobago;

(ii) the allocation, assignment andreallocation or reassignment offrequency bands where necessary;

(j) plan, administer, manage and assigntelecommunications numbering fortelecommunications services;

(k) collect all fees, including concession andlicence fees, and any other charges leviedunder this Act;


(l) investigate and resolve all allegations ofharmful interference;

(m) investigate complaints by users, operatorsof telecommunications networks, providersof telecommunications and broadcastingservices or other persons arising out of theoperation of a public telecommunicationsnetwork, or the provision of a tele-communications service or broadcastingservice, in respect of rates, billings andservices provided generally and to facilitaterelief where necessary;

(n) train and certify its personnel in accordancewith the Convention;

(o) test and certify telecommunicationsequipment, subject to section 48(3), toensure compliance with—

(i) international standards; and

(ii) environmental health and safetystandards, including electro-magnetic radiation and emissions;

(p) ensure the orderly and systematicdevelopment of telecommunicationsthroughout Trinidad and Tobago;

(q) establish a consumer complaints committeeto collect decide on and report on consumercomplaints, such reports to be included inthe Authority’s annual report; and

(r) carry out such other functions imposed byor under this Act and do anythingincidental or conducive to the performanceof any of its functions.

(2) In the performance of its functions undersubsection (1)(b), the Authority shall require that allpersons operating or intending to operate any of the


services listed in subsection (1)(b) notify the Authorityaccordingly and the Authority shall establish a Registerof all such persons and services.

(3) In the performance of its functions, theAuthority shall have regard to the interests ofconsumers and in particular—

(a) to reliability of service provided at thelowest possible cost;

(b) to fair treatment of consumers and serviceproviders similarly situated;

(c) in respect of consumers similarly placed, tonon-discrimination in relation to access,pricing and quality of service; and

(d) current national environmental policy.

(4) In the performance of its functions undersubsection (1)(c), (d), (e), (m) and (p), sections 28, 78and 79 and any other provisions of the Act as theAuthority deems appropriate, the Authority shall adoptprocedures by which it will—

(a) afford interested parties and the publicopportunities for consultation;

(b) permit affected persons and the public tomake appropriate submissions to theAuthority.

(5) At all times the Authority shall, in theperformance of its functions and exercise of its powers,act in an objective and non-discriminatory manner.

19. Subject to the provisions of this Act or any otherwritten law, the Minister may give written directions tothe Authority on matters of general public policy andthe Authority shall give effect to that policy.

20. (1) All rights, claims or interests of theGovernment in the assets set out in the Schedule arehereby vested in the Authority.


Directions by theMinister

Assets transferred tothe AuthoritySchedule

(2) The Auditor General shall within thirty daysof the commencement of this Act, cause an audit of theassets vested in the Authority.

(3) The Auditor General shall within thirty daysof completion of the audit cause a copy of the auditedstatement together with an inventory to be laid inParliament or if Parliament is not then in session,within thirty days after commencement of its nextsession.

(4) The audited statement shall indicate amongother things, the value of the inventory, as of the dateof the audit.

PART III

CONCESSIONS

21. (1) No person shall operate a publictelecommunications network, provide a publictelecommunications service or broadcasting service,without a concession granted by the Minister.

(2) A person who wishes to operate a network orprovide a service described in subsection (1), shallapply to the Authority in the manner prescribed.

(3) On its receipt of an application, the Authorityshall cause to be published in the Gazette and in atleast one daily newspaper circulating in Trinidad andTobago, a notice to the effect that it has received and isreviewing the application.

(4) A notice published pursuant to subsection (3)shall state the time, which shall not be less thantwenty-eight days from the date of publication of thenotice, within which any comment on or objection to theapplication may be submitted to the Authority and theAuthority shall consider the comments and objectionsprior to making its recommendations to the Minister.


Requirement for aconcession

(5) The Authority shall forward itsrecommendations to the Minister within ninety days ofreceiving all relevant information pertinent to theapplication and the Minister shall indicate hisapproval, modification or rejection of therecommendation within sixty days of receipt of theAuthority’s recommendation.

(6) Where the Minister approves therecommendation of the Authority or modifies or rejectsit, he shall give his reasons in writing for so doing andthe Authority shall publish both the recommendationsand the Minister’s position in respect thereof in theGazette and at least one daily newspaper circulating inTrinidad and Tobago.

(7) On the granting of a concession by theMinister, the Authority shall cause to be published inthe Gazette and at least one daily newspapercirculating in Trinidad and Tobago, a notice to thateffect.

(8) The terms of a concession shall be availablefor public scrutiny at the office of the Authority andmay be reproduced by the Authority at the request ofany member of the public on payment of the prescribedfee.

(9) If on the expiration of the period referred to insubsection (5), the Minister has not indicted to theAuthority, in writing, his approval, modification orrejection of the recommendation, it shall be deemed tohave been approved.

(10) The Authority may conduct public hearingsin respect of applications for concessions for publictelecommunications services and broadcasting services,when such applications are made in the first instanceor subsequently at five years intervals when suchservices are in existence.


22. (1) Every concession for a public telecommunica-tions network, a public telecommunications service or abroadcasting service shall—

(a) require the concessionaire to pay feesannually to the Authority;

(b) prohibit anti-competitive pricing and otherrelated practices;

(c) prohibit the transfer of control of theconcessionaire without the prior writtenapproval of the Authority;

(d) prohibit the assignment of the concessionwithout the prior written approval of theAuthority;

(e) require the concessionaire, upon requestmade by the Minister of National Securityand subject to any written law, tocollaborate with the Ministry in matters ofnational security; and

(f) require the observance of regulations madepursuant to this Act.

(2) The approval of the Authority as requiredunder subsection (1)(c) and (d), shall not beunreasonably withheld.

(3) Every concession for a public telecommunica-tions network, a public telecommunications service or abroadcasting service shall contain conditionsregarding—

(a) the expiration of the concession and thetime required for an application forrenewal;

(b) the circumstances under which theconcession may be amended, e.g., forcemajeure, national security, changes innational legislation, implementation ofinternational obligations;


Conditions applicableto all concessions

(c) the provision of information and reports tothe Authority;

(d) the overall performance of theconcessionaire;

(e) the provision of information to users andprocedures for handling and responding touser complaints and disputes;

(f) the submission to the Authority of disputeswith other concessionaires, users and anyperson, where such disputes arise out of theconcessionaire’s exercise of his rights andobligations under the concession, subject tosection 82; and

(g) any other matter as may be agreed betweenthe Minister and the concessionaire.

23. In addition to the conditions stipulated insection 22, a concession for a broadcasting service shallrequire the concessionaire to adhere to theBroadcasting Code promulgated pursuant to this Act.

24. (1) In addition to the conditions stipulated insection 22, a concession for a public telecommunicationsnetwork or a public telecommunications service shallrequire the concessionaire to adhere, where applicable,to conditions requiring the concessionaire to—

(a) submit to the Authority plans for itsapproval respecting—

(i) the development of its network orservice;

(ii) quality of service; and

(iii) any other related matter as theAuthority may require,

and in the event that the concessionaireand Authority fail to agree with respect tothe plans required under this paragraph,


Conditions applicableto a concession for abroadcasting service

Conditions applicableto a concession for apublictelecommunicationsnetwork or service

the Minister may be asked to commission adispute arbitration procedure to resolve thedispute in the context of the concession;

(b) provide users, under conditions which arepublished or are otherwise filed with theAuthority, with access to and theopportunity to use such network or serviceon a fair and reasonable basis, and withoutdiscrimination among similarly situatedusers;

(c) refrain from using revenues or resources,from a telecommunications network orservice in respect of which theconcessionaire is dominant, to crosssubsidise any other telecommunicationsnetwork or service, without the priorwritten approval of the Authority;

(d) meet prescribed standards of quality;

(e) file annually with the Authority forms ofuser agreements with users for theprovision of public telecommunicationsservices for approval by the Authority;

(f) permit the resale of its telecommunicationsservice by not imposing unreasonable ordiscriminatory conditions or limitations onsuch resale;

(g) provide and contribute to universal servicein accordance with section 28;

(h) account for costs and keep such books ofaccounts and where the Authorityprescribes by regulation the manner inwhich such books are to be kept, to keepsuch books of accounts in accordance withsuch regulations;

(i) refrain from impairing or terminating thetelecommunications service provided to auser or other provider of a telecommunica-tions service during a dispute, without the


prior written approval of the Authority,except that, the concessionaire may, inrespect of a billing dispute collect, from anysuch user or other provider, amounts thatare not in dispute; and

(j) refrain from using, and maintain theconfidentiality of any confidential, personaland proprietary information of any user,other operator of a public telecommunica-tions network or other provider of atelecommunications service originatingfrom—

(i) any such user, operator orprovider; or

(ii) any information regarding usageof the service or informationreceived or obtained in connectionwith the operation of theconcessionaire’s network orservice,

for any purpose other than to—(iii) operate such network or service;(iv) bill and collect charges;(v) protect the rights or property of

the concessionaire;(vi) protect users or other providers

from the fraudulent use of theconcessionaire’s network orservice,

or as otherwise permitted by theconcessionaire, user or other provider, asthe case may be; and

(k) make available on a timely basis, to otherproviders of telecommunications services,such technical information as the Authoritymay prescribe regarding the con-cessionaire’s network, including planned


deployment of equipment, and otherrelevant information necessary for theprovision of such services.

(2) The requirement of subsection (1)(k) shall, inrespect of a concessionaire of a public telecommunica-tions network or a public telecommunications service,apply in respect of a dominant operator of such networkor provider of such service only, such dominance to bedetermined in accordance with the criteria set out insection 25(4).

25. (1) In addition to the requirements of sections 22and 24, a concession for a public telecommunicationsnetwork or a public telecommunications service shallinclude conditions obliging the concessionaire toprovide for—

(a) direct interconnection with the publictelecommunications network or publictelecommunications service of anotherconcessionaire;

(b) indirect interconnection with such networkor service referred to in paragraph (a),through the public telecommunicationsnetworks or public telecommunicationsservices of other concessionaires; and

(c) the transmission and routing of the servicesof other concessionaires, at any technicallyfeasible point in the concessionaire’snetwork.

(2) In respect of a concessionaire’s obligationspursuant to subsection (1), the Authority shall requirea concessionaire to—

(a) comply with guidelines and standardsestablished by the Authority to facilitateinterconnection;


Interconnection

(b) provide, upon request, points of inter-connection in addition to those offeredgenerally to other concessionaires, subjectto rates that reflect the concessionaire’stotal economic cost of constructingadditional facilities necessary to satisfysuch request;

(c) publish, in such manner as the Authoritymay prescribe, the prices and the technicaland other terms and conditions pertainingto its offer for the elements ofinterconnection;

(d) provide the elements of interconnection, toother concessionaires of public tele-communications networks and publictelecommunications services, in a mannerthat is at least equal in both quality andrates to that provided by the concessionaireto a subsidiary, affiliate or any other partyto which the concessionaire providesinterconnection;

(e) promptly negotiate, upon the request ofanother concessionaire of a publictelecommunications network or a publictelecommunications service, and endeavourto conclude, subject to paragraph (h), anagreement with regard to the prices and thetechnical and other terms and conditionsfor the elements of interconnection;

(f) deposit with the Authority a copy of anyagreement concluded pursuant toparagraph (e) within twenty-eight days ofits making;

(g) offer the terms and conditions of anagreement concluded pursuant toparagraph (e) to any other concessionaire of


a public telecommunications network orpublic telecommunications service on a non-discriminatory basis;

(h) submit to the Authority for promptresolution, in accordance with suchprocedures as the Authority may adopt, anydisputes that may arise betweenconcessionaires relating to any aspect ofinterconnection, including the failure toconclude an agreement made pursuant toparagraph (e), or disputes as to price andany technical or other term and conditionfor any element of interconnection;

(i) submit to any decision rendered by theAuthority made pursuant to paragraph (h);

(j) provide, to the extent technically feasible,number portability when required to do soand in accordance with the requirementsprescribed, by the Authority;

(k) provide dialing parity to other con-cessionaires of public telecommunicationsnetworks and public telecommunicationsservices in accordance with requirementsprescribed by the Authority;

(l) permit other concessionaires of publictelecommunications networks and publictelecommunications services to have equalaccess to telephone numbers, operatorservices, directory assistance and directorylisting without unreasonable delay, inaccordance with requirements prescribed bythe Authority; and

(m) disaggregate the network and, on a cost-oriented basis such as the Authority mayprescribe, establish prices for its individualelements and offer the elements at the


established prices to other concessionairesof public telecommunications networks andpublic telecommunications services.

(3) The requirements of subsection (2)(j), (k), (l)and (m) shall apply to a dominant operator of publictelecommunications network or provider of a publictelecommunications service only.

(4) For purposes of this Act, the Authority maydetermine that an operator or provider is dominantwhere, individually or jointly with others, it enjoys aposition of economic strength affording it the power tobehave to an appreciable extent independently ofcompetitors, customers and ultimately consumers and,for such determination, the Authority shall take intoaccount the following factors:

(a) the relevant market;

(b) technology and market trends;

(c) the market share of the provider;

(d) the power of the provider to set prices;

(e) the degree of differentiation among servicesin the market; and

(f) any other matters that the Authority deemsrelevant.

(5) Where a concessionaire, deemed dominant bythe Authority pursuant to subsection (4), considers thatit has lost its dominance, it may apply to the Authorityto be classified as non-dominant and should theAuthority so classify, the applicable concession shall beamended to reflect such classification.

26. (1) Subject to the provisions of this section, itshall be a further condition of a concession for a publictelecommunications network and broadcasting service


Access to facilities

that the concessionaire be required to provide otherconcessionaires with access to the facilities that it ownsor controls, such access not to be unreasonablywithheld.

(2) Access to facilities shall be negotiated asbetween concessionaires on a nondiscriminatory andequitable basis and, at the request of both parties, theAuthority may assist in negotiating a settlementbetween such parties.

(3) A concessionaire may deny access only whereit demonstrates that there is insufficient capacity inthe facility, taking into account its reasonablyanticipated requirements and its obligations pursuantto section 27, or, for reasons of safety, security,reliability or difficulty of a technical or engineeringnature.

(4) The Authority may regulate the rates, termsand conditions for access to any facility, such rates,terms and conditions to be just and reasonable and itmay adopt procedures necessary and appropriate tofacilitate, by such means as the Authority deemsappropriate, the determination of complaintsconcerning such rates, terms and conditions.

(5) For purposes of this section, access to facilitiesdoes not include interconnection.

27. A concessionaire of a public telecommunicationsnetwork shall permit the Minister to place, at hisrequest, one cross-arm on any or all of its poles inTrinidad and Tobago free of all rental charges for thepurpose of providing essential fire-alarm, policesignaling or other services of the Government, but anycross-arm so placed shall be provided, placed andmaintained at the expense of the Government, and any


Governmentessential services

damage caused to the property of such concessionaireor any expense, cost, damage or claim incurred by suchconcessionaire by the exercise by the Minister of thepowers conferred by this subsection shall be made goodand paid to such concessionaire by the Government.

28. (1) In accordnce with the policy established bythe Minister, the Authority shall determine the publictelecommunications services in respect of which therequirement of universal service shall apply, takinginto account the needs of the public, affordability of theservice and advances in technologies.

(2) Such services, as are referred to in sub-section (1), shall include, at a minimum, a qualitypublic telephone service.

(3) In accordance with the policy established bythe Minister, the Authority shall periodically determinethe manner in which a public telecommunicationsservice shall be provided and funded in order to meetthe requirements of universal service for that service,including the obligations, if any, of the providers andusers of the service.

(4) The Authority may, with the approval of theMinister, require that closed user group services,private telecommunications services and value addedservices as well as the users of such services and alltelecommunications services generally, contribute tothe funding of universal service.

(5) The Authority shall forward itsrecommendations to the Minister pursuant to thissection and the Minister shall indicate his approval,modification or disapproval of the recommendationwithin sixty days of receipt of the Authority’srecommendation.


Universal service

(6) Where the Minister accepts therecommendation of the Authority or modifies or rejectsit, he shall give his reason in writing for so doing andthe Authority shall arrange for the publication of boththe recommendation and the Minister’s position inrespect thereof.

(7) If on the expiration of the period referred to insubsection (5), the Minister has not indicated to theAuthority, in writing, his approval, modification orrejection of the recommendation, it shall be deemed tohave been approved.

(8) The obligations to provide and contribute tothe funding of the services referred to in subsection (1)shall be applied on a nondiscriminatory basis asbetween all similarly situated telecommunicationsservice providers and users.

29. (1) Prices for telecommunications services, exceptthose regulated by the Authority in accordance withthis section, shall be determined by providers inaccordance with the principles of supply and demand inthe market.

(2) The Authority may establish price regulationregimes, which may include setting, reviewing andapproving prices, in any case where—

(a) there is only one concessionaire operating apublic telecommunications network orproviding a public telecommunicationsservice, or where one concessionaire has adominant position in the relevant market;

(b) a sole or dominant concessionaire operatinga public telecommunications network orproviding a public telecommunicationsservice cross-subsidises another telecom-munications service provided by suchconcessionaire; or


Prices

(c) the Authority detects anti-competitivepricing or acts of unfair competition.

(3) The Authority shall regulate prices for publictelecommunications services and internationalincoming and outgoing settlement tariffs by publishingpricing rules and principles.

(4) Such rules and principles, made pursuant tosubsection (3), shall require rates to be fair andreasonable and shall prohibit unreasonablediscrimination among similarly situated persons,including the concessionaire.

(5) In respect of any telecommunications servicesprovided on an exclusive basis by a concessionaire, theAuthority shall establish the maximum rate-of-returnthat the concessionaire may receive on its investment.

(6) For any public telecommunications service inwhich there is competition, the Authority mayintroduce a method for regulating the prices of adominant provider of such telecommunications serviceby establishing caps on such prices, or by such othermethods as it may deem appropriate.

(7) Prices, terms and conditions for publictelecommunications services shall be published by theconcessionaire at such times and in such manner as theAuthority shall prescribe and shall thereafter, subjectto this Act and the conditions of any concession, be thelawful prices, terms and conditions for such services.

30. (1) Subject to this section, the Minister, on therecommendation of the Authority, may suspend orterminate a concession where—

(a) the concessionaire has failed to complymaterially with any of the provisions of thisAct, regulations made hereunder or theterms and conditions of the concession; or


Termination,suspension oramendment ofconcession

(b) the concessionaire has failed to complymaterially with any lawful direction of theAuthority.

(2) A concession may be amended by theMinister, where force majeure, national securityconsiderations, changes in national legislation or theimplementation of international obligations requiresamendment to a concession.

(3) Where a concession is amended pursuant tosubsection (2), on grounds of national security, therights of the concessionaire to compensation shall notbe prejudiced.

(4) The Minister shall, before exercising thepower of termination or suspension conferred by thissection—

(a) serve on the concessionaire, a written noticeto the effect that—

(i) he is considering exercising thepower and setting out the groundon which it may be exercised; and

(ii) the concessionaire may withinthirty days of the notice beingserved, make written representa-tion to the Authority;

(b) take into consideration any representationmade to the Authority under para-graph (a)(ii).

(5) During the period that the Minister isconsidering exercising his power to suspend orterminate the concession, the concessionaire shallcontinue to operate until such time as the Ministermakes a determination and in the event that theperiod of the concession comes to an end before thedetermination by the Minister is made, an interimrenewal of the concession on the same terms shall begranted.


(6) Before amending a concession, the Ministershall serve on the concessionaire written notice ofthe proposed amendment, giving reasons for theamendment and the date by which the amendmentshall take effect.

(7) A decision of the Minister pursuant to thissection may be reviewed by the High Court.

31. (1) Upon application by a concessionaire for therenewal of the first concession issued to him under thisAct, the Minister shall, on the recommendation of theAuthority, renew that concession for a periodequivalent to the period for which the first concessionwas granted unless—

(a) the concessionaire failed to operated withinthe terms of the first concession; and

(b) the concessionaire failed to complymaterially with any of the provisions of thisAct, regulations made hereunder or theterms and conditions of the concession; or

(c) the concessionaire failed to complymaterially with any lawful direction of theAuthority.

(2) For any renewal after the renewal of the firstconcession, the period of renewal shall be as agreedbetween the concessionaire and the Minister actingupon the recommendation of the Authority.

32. Any terminal equipment may be connected to apublic telecommunications network where theAuthority, after consultation with the concessionaire,has certified such terminal equipment as—

(a) being safe for the user;(b) being in compliance with international

standards, and environmental health andsafety standards including standards forelectromagnetic radiation and emissions;


Terminal equipment

Renewal ofconcession

(c) meeting requirements of electromagneticcompatibility if specified;

(d) not posing a risk of harm to the network;

(e) effectively utilising the electromagneticspectrum and preventing interferencebetween satellite and terrestrial-basedsystems and between terrestrial systems;and

(f) being compatible with the network.

33. (1) In connection with the operation of atelecommunications network or the provision of atelecommunications service, a concessionaire mayinstall or maintain a facility in or over a street or publicground or remove the facility therefrom and, for thatpurpose, may, in accordance with the development planfor the area and the provisions of the Highways Act andany other written law, carry out road works.

(2) Before carrying out any road works for thepurposes specified in subsection (1), a concessionaireshall—

(a) obtain from the Ministry with responsibilityfor highways, the local authority or theTobago House of Assembly, as the case maybe (hereinafter referred to as “the relevantauthority”), plans showing all utilityinstallations that might be affected;

(b) submit detailed plans of the intended roadworks to each utility installation ownerlikely to be affected thereby;

(c) not commence any road works that mightaffect a utility installation without firsthaving requested and obtained writtenpermission from the said utility installationowner; and


Road works

Chap. 48:01

(d) notify the Authority of any intended roadworks and in the event of the failure toobtain the permission of a utilityinstallation owner under paragraph (c), theAuthority shall facilitate relief thereof.

(3) Pursuant to the notification received by theAuthority under subsection (2)(d), the Authority shallnotify other concessionaires of the intended road worksand inquire of them whether they have any intention ofundertaking, similar type road works.

(4) No road works shall commence until theexpiration of fourteen days from the date of the receiptof the permission.

(5) In the event of an emergency theconcessionaire may dispense with the requirement setout in subsection (4) above.

(6) A concessionaire may dispense with therequirement of subsection (2)(c) where the Authoritycertifies in writing that the intended road works arenecessitated by an emergency.

(7) The removal or alteration of any utilityinstallation shall be undertaken by the affected utilityinstallation owner, and the cost thereof shall be borneby the concessionaire.

(8) No concessionaire notified under sub-section (3) shall carry out road works within six monthsof the receipt of such notification except where suchconcessionaire proves to the satisfaction of theAuthority the necessity of carrying out emergencyworks.

(9) The Authority shall require that, prior tocarrying out road works, a concessionaire publish adescription thereof in at least one daily newspaper.


34. (1) Where a concessionaire damages any utilityinstallation in carrying out road works, he shallimmediately request the utility installation owner torepair the damage to the utility installation.

(2) The concessionaire shall compensate theutility installation owner for the full cost of repair.

(3) A concessionaire shall, as speedily as possible,complete all road works and restore the street andpublic grounds, including the removal of any debris, tothe satisfaction of the relevant authority, suchsatisfaction to be expressed in writing.

(4) Where a concessionaire fails to comply withsubsection (2), he shall be held liable for anyexpenditure that the relevant authority incurs in suchrestoration and for any other loss by any other person.

(5) The liability of the concessionaire undersubsection (4) shall continue for a period of four yearsor until the relevant authority expresses its satisfactionin writing pursuant to subsection (3).

35. Where trees on private lands overhang orinterfere with any facility or road works, aconcessionaire shall, before cutting down, pruning ortrimming the trees, obtain the consent of the owner orperson in possession of the land.

PART IV

LICENCES, SPECTRUM MANAGEMENT AND NUMBERING

36. (1) No person shall—(a) establish, operate or use a radio-

communication service;

(b) install, operate or use anyradiotransmitting equipment; or


Requirement for alicence

Trees

Repairs andrestoration

(c) establish, operate or use any radio-communication service on board any ship,aircraft, or other vessel in the territorialwaters or territorial airspace of Trinidadand Tobago, other than a ship of war or amilitary aircraft or satellite registered inTrinidad and Tobago,

without a licence granted by the Minister.

(2) Where a licence is required pursuant tosubsection (1), the applicant shall apply to theAuthority in the manner prescribed.

(3) The Authority shall forward itsrecommendations to the Minister within ninety days ofreceiving all relevant information pertinent to theapplication and the Minister shall indicate hisapproval, modification or disapproval of therecommendation within sixty days of receipt of theAuthority’s recommendation.

(4) Where the Minister approves therecommendation of the Authority or modifies or rejectsit, he shall give his reasons in writing for so doing andthe Authority shall arrange for the publication of boththe recommendation and the Minister’s position inrespect thereof.

(5) If on the expiration of the period referred to insubsection (3), the Minister has not indicated to theAuthority, in writing, his approval, modification orrejection of the recommendation, it shall be deemed tohave been approved.

(6) On the granting of a licence by the Minister,the Authority shall cause to be published in the Gazetteand at least one daily newspaper circulating inTrinidad and Tobago, a notice to that effect.


(7) The terms of a licence shall be made availablefor public scrutiny at the office of the Authority andmay be reproduced by the Authority at the request ofany member of the public, on payment of the prescribedfee.

(8) Where it appears to the Authority that thelicence contains information contrary to nationalsecurity or other international obligations, theAuthority shall withhold that information from publicscrutiny.

(9) A licence shall be consistent with thespectrum plan established pursuant to section 41 andregulations made pursuant to this Act and shall conferthe right on the licensee to use a certain frequencyband or bands subject to such conditions as may be setout in the licence.

37. (1) Every licence shall—(a) require the licensee to pay fees annually to

the Authority;

(b) require strict adherence to the allottedfrequency band:

(c) prohibit the transfer of control of thelicensee without the prior written approvalof the Authority;

(d) prohibit the assignment of the licence,without the prior written approval of theAuthority;

(e) require the licensee, upon request made bythe Minister of National Security andsubject to any written law, to collaboratewith the Ministry in matters of nationalsecurity; and

(f) require the observance of regulations madepursuant to this Act.


Conditions of licence

(2) The approval of the Authority required undersubsections (1)(c) and (d) shall not be unreasonablywithheld.

(3) Every licence shall contain conditionsregarding—

(a) the use of the frequency or frequencies solicensed;

(b) the expiration and renewal of a licence;(c) the circumstances under which the licence

may be amended, e.g., force majeure ,national security, changes in nationallegislation, implementation of internationalobligations;

(d) type of emission, power and other technicalrequirements for the radiocommunicationservice; and

(e) any other matter as may be agreed betweenthe Minister and the licensee.

38. Notwithstanding section 36(1), a ship or aircraftbeing a ship or aircraft not registered in Trinidad andTobago while operating in the territorial waters orairspace of Trinidad and Tobago, is not required to haveauthorisation from the Authority for the establishment,operation or use of any telecommunications network orservice or radiocommunication equipment as long asthe service or equipment is operated or used under avalid authority or licence issued elsewhere than inTrinidad and Tobago in accordance with internationalagreements relating to telecommunications orradiocommunication in respect of ships or aircraft.

39. (1) Subject to this section, the Minister may, onthe recommendation of the Authority, suspend orterminate a licence where—

(a) the licensee has failed to comply materiallywith any of the provisions of this Act,


Authorisation tooperate in territorialwaters or airspace

Termination,suspension,amendment orrenewal of licence

regulations made hereunder or the termsand conditions of the licence; or

(b) the licensee has failed to comply materiallywith any lawful direction of the Authority.

(2) A licence may be amended by the Minister,where force majeure, national security considerations,changes in national legislation or the implementationof international obligations requires amendment to thelicence.

(3) Where a licence is amended pursuant tosubsection (2), on grounds of national security, therights of the concessionaire to compensation shall notbe prejudiced.

(4) The Minister shall, before exercising thepower of suspension or termination conferred by thissection—

(a) serve on the licensee, a written notice to theeffect that—

(i) he is considering exercising thepower and setting out the groundon which it may be exercised; and

(ii) the licensee may within thirtydays of the date on which thenotice was served, make writtenrepresentation to the Authority;

(b) take into consideration any representa-tion made to the Authority underparagraph (a)(ii).

(5) During the period that the Minister isconsidering exercising his power to suspend orterminate the licence, the licensee shall continue tooperate in accordance with the terms of the licenceuntil such time as the Minister makes a determinationand in the event that the period of the licence comes to


an end before the determination by the Minister ismade, an interim renewal of the licence on the sameterms shall be granted.

(6) Before amending a licence, the Minister shallcause the Authority to serve on the licensee writtennotice of the proposed amendment, giving reasons forthe amendment and the date by which the amendmentshall take effect.

(7) A decision of the Minister pursuant to thissection may be reviewed by the High Court.

(8) Upon application by a licensee for the renewalof the first licence issued to him under this Act, theMinister shall, on the recommendation of the Authority,renew that licence for a period equivalent to the periodfor which the first licence was granted unless—

(a) the licensee failed to operate within theterms of the licence;

(b) during the period for which the first licencewas granted the licensee engaged in anyconduct amounting to a materialcontravention of this Act, or regulationsmade hereunder; and

(c) the licencee failed to comply materiallywith any lawful direction of the Authority.

(9) For any renewal after the renewal of the firstlicence, the period of renewal shall be as agreedbetween the licensee and the Minister acting upon therecommendation of the Authority.

40. Radiocommunication equipment shall not beoperated in a manner likely to cause harmfulinterference to any other means of telecommunication.

41. (1) The Authority shall regulate the use of thespectrum in order to promote the economic and orderlyutilisation of frequencies for the operation of all meansof telecommunications and to recover the cost incurredin the management of the spectrum.


Operation ofequipment

Spectrum

(2) The Authority shall develop a spectrum planin order to regulate the use of the spectrum.

(3) The spectrum plan shall be made available tothe public on payment of the prescribed fee.

(4) The spectrum plan shall state how thespectrum shall be used and the procedures for licensingfrequency bands.

(5) The procedures referred to in subsection (4)may include, but are not limited to—

(a) procedures for licensing frequency bands byauction;

(b) procedures for licensing frequency bands bytender;

(c) procedures for licensing frequency bands ata fixed price; or

(d) procedures for licensing frequency bandsbased on stated criteria.

42. (1) Subject to subsection (2), the Authority may,in accordance with the spectrum plan allocate andreallocate frequency bands.

(2) In the allocation or assignment andreallocation or reassignment of frequency bands by theAuthority priority shall be given to the needs of theState in respect of matters of national security.

43. The Authority, in exercising the functions undersections 36 to 42, shall take into account—

(a) the objects of the Act;

(b) the impact of the spectrum plan on existingand future use;

(c) the efficient use of the spectrum;

(d) the Convention;


Exercise of functions

Allocation offrequency bands

(e) any applicable international standards,conventions and other agreements; and

(f) any other relevant matters having regard tothe circumstances of the case.

44. (1) The Authority shall develop a plan for thenumbering of telecommunications services and shalladminister and manage such numbers.

(2) Subject to subsection (5), numbers shall bemade available to providers of telecommunicationsservices on an equitable basis.

(3) The numbering plan may establish proceduresby which providers of telecommunications services mayassign or re-assign telephone numbers to users.

(4) The numbering plan shall be made availableto the public on payment of the prescribed fee.

(5) In developing the numbering plan referred toin subsection (1), the Authority shall preserve to theextent feasible, the assignment of numbers made beforethe commencement of this Act.

(6) The Authority shall notify all serviceproviders of any new numbering assignments made.

PART V

TECHNICAL STANDARDS

45. (1) Subject to the other provisions of this Act,concessionaires and licensees may implement suchtechnical standards as they deem appropriate andwhich are in conformity with accepted internationalstandards.

(2) Notwithstanding subsection (1), the Authoritymay identify, adopt or establish preferred technicalstandards.


Numbering plan

Standards

PART VI

TESTING AND INSPECTION

46. The Authority may, for the purpose of this Act,appoint suitably qualified and experienced officers to betelecommunications inspectors, (hereinafter referred toas “inspectors”).

47. (1) To ensure compliance with the conditions of aconcession or licence, or for any other purposeauthorised pursuant to this Act, an inspector mayrequire a concessionaire or licensee to supplyinformation, including specific answers to questionssubmitted to such concessionaire or licensee,concerning any telecommunications network ortelecommunications or radiocommunication service forwhich the concession was granted or the licence issued,the operation of any equipment or any works carriedout in relation to such network or service.

(2) In the exercise of his powers under this Part,an inspector shall at all times act reasonably.

48. (1) The Authority shall, for the purpose ofcertifying or approving terminal equipment and otherequipment to be installed or used for a publictelecommunications network or telecommunicationsservice or broadcasting service determine whether suchequipment fulfills the criteria stipulated in section 32and such other requirements as the Authority mayprescribe.

(2) For the purpose of a determination madepursuant to subsection (1), the Authority may requirethat such equipment be submitted for testing by aninspector.

(3) The requirement for testing may be waived bythe Authority, after consultation with the

Inspectors


Pre-installationtesting

Power to requestinformation

concessionaire or licensee, if the Authority is satisfiedthat the equipment has been certified in accordancewith international standards.

49. The tests stipulated under sections 48 and 50shall be carried out in compliance with internationalstandards and other standards prescribed by theAuthority.

50. An inspector may, at all reasonable times, enterany place, vehicle, ship, aircraft, vessel or othercontrivance from which any telecommunicationsnetwork is operated or telecommunications service isprovided, or in which any telecommunicationsequipment, excluding broadcast receivers, is located,and—

(a) test any equipment or article found thereinwhich is used or intended to be used for thepurpose of operating a telecommunicationsnetwork or of providing a telecommunica-tions service;

(b) examine records or other documentsrelating to the operation of thetelecommunications network or theprovision of the telecommunicationsservice;

(c) search, where necessary with the assistanceof any other person authorised for thepurpose by the Authority, for anyequipment, articles, books, records ordocuments that may afford evidence ofcontravention of this Act or of anyregulation made hereunder, or of anybreach of any condition of any concession orlicence;

(d) require the owner or person in charge of theplace, vehicle, ship, aircraft, vessel or other


Standards for testing

Entry and search

contrivance to give him all reasonableassistance in the examination or search;and

(e) seize and take away any equipment,articles, books, records or documents if itappears that there has been acontravention of this Act or of anyregulation made hereunder, or of anybreach of any condition of any concession orlicence, and such items so seized shall belodged with the Authority.

51. (1) Notwithstanding section 50, an inspectorshall not exercise the powers vested in him under thatsection except upon warrant of a magistrate issued tohim for the purpose and, in the execution of thewarrant, the inspector shall be accompanied by a policeofficer.

(2) A warrant issued under this section remainsin force until the purpose for which the warrant isrequired has been satisfied or for one month, whicheveris sooner.

PART VII

FINANCIAL PROVISIONS

52. (1) The Authority shall, in accordance with thepolicy framework established by the Minister,—

(a) charge fees for any concession or licence;and

(b) charge fees for any service that it provides.

(2) Except as provided under section 41, feescharged by the Authority under subsection (1) shall becommensurate with the cost of—

(a) providing a service under subsection (1)(a);(b) operating the Authority; and(c) administering concessions or licences,


Magistrate may issuewarrant

Financial powers ofthe Authority

and shall be charged to concessionaires, licensees orother persons where applicable, on a just andreasonable basis.

53. (1) The funds of the Authority shall consist of—(a) such amounts as may be appropriated by

Parliament for the purposes specified insubsection (2);

(b) special grants of funds as may from time totime be provided for the financing of anyspecial project;

(c) fees collected in respect of concessionsgranted or licences issued under this Act;

(d) sums collected in respect of universalservice obligations;

(e) all sums from time to time received by orfalling due to the Authority as fees orpayments for services rendered;

(f) all other sums that may in any mannerbecome lawfully payable to the Authority inrespect of any matters incidental to itsfunctions.

(2) The funds of the Authority, in any financialyear shall, with the exception of those sums referred toin subsection (1)(d), be applied in defraying thefollowing expenditure:

(a) the remuneration, fees and allowances ofthe Chairman and other members of theBoard;

(b) the salaries, fees, allowances, advances,loans, gratuities, pensions and otherpayments to the Executive Director,Secretary and other members of staff of theAuthority;


Funds of theAuthority

(c) research and development projects, trainingand certification and other related matters;and

(d) any other expenditure authorised by theAuthority in the discharge of its duties,functions and contractual obligations.

(3) Funds arising in respect of paragraph (1)(d)shall only be applied to facilitate the provision ofuniversal service in accordance with the provisions ofsection 28.

(4) A percentage of the funds collected in respectof concessions and licences may be transferred to theaccount opened in accordance with subsection (6), atthe discretion of the Authority.

(5) Subject to subsection (6), such amountsappropriated by Parliament and the other sumsreferred to in subsection (1) shall be paid into a bankaccount opened with the approval of the Minister ofFinance.

(6) The Authority shall keep and maintain aseparate account opened with the approval of theMinister of Finance for the purpose of depositing fundscollected in respect of the funding of the servicesreferred to in section 28 and such funds shall not beused for any other purpose.

(7) At the end of each financial year, any surplusof funds remaining in the account opened in accordancewith subsection (5), after defraying the expenditurereferred to in subsection (2), shall be paid into theConsolidated Fund.

54. (1) The Authority is exempt from stamp duty,corporation tax, customs duty, motor vehicle tax and allother taxes, fees, charges, provisions of assessments,levies and imposts on its income or on assets which itacquires for its own use.


Exemption from taxand provisions ofCentral TendersBoard Ordinance,1961

(2) Where—(a) goods are imported by the Authority for and

on behalf of the Authority;

(b) the commercial sale of goods or services isin the opinion of the Board of InlandRevenue required for the purposes of theAuthority,

the goods and services shall be exempt from ValueAdded Tax.

(3) The Authority shall, in the performance of itsfunctions, be subject to the provisions of the CentralTenders Board Ordinance until such time as theAuthority develops its own tendering rules, approvedby the Minister and subject to negative resolution ofParliament.

(4) Rules made pursuant to subsection (3) shallgovern the award of tenders and related matters.

(5) Every tender shall be opened in public andshall indicate the parties to and the content of eachtender.

55. (1) For the purpose of this Part, “GAAP” meansGenerally Accepted Accounting Practice which includesthe International Accounting Standards adopted by theInstitute of Chartered Accountants of Trinidad andTobago.

(2) The Authority shall prepare a budget inaccordance with GAAP or such other form as theMinister, with responsibility for Finance, may direct foreach financial year and the Authority shall submitestimates so prepared to the Treasury not later thanthe dead line date stipulated by the Minister ofFinance, having first obtained approval of theestimates of expenditure from the Minister.


Estimates ofexpenditure

(3) The Authority shall, at such time as theMinister directs, furnish him with any furtherinformation in relation to the estimates as he mayrequire.

(4) The estimates of expenditure as approved bythe Minister shall be the expenditure budget of theAuthority for the financial year to which it relates.

56. (1) The Authority shall keep proper books ofaccounts and records of all sums received and expendedby the Authority and shall record the matters inrespect of which such sums were received andexpended.

(2) Within three months after the end of eachfinancial year the Authority shall cause to be prepared,in respect of that year—

(a) a report setting out the activities of theAuthority; and

(b) financial statements prepared inaccordance with GAAP,

and a copy of such report and financial statementsshall be forwarded to the Minister and shall be laid inParliament as soon as possible thereafter.

(3) Where the standards included in GAAP areinappropriate or inadequate for any type of accountingmethod the Comptroller of Accounts may provide suchinstructions as may be necessary.

57. (1) The accounts of the Authority are publicaccounts of Trinidad and Tobago for the purpose ofsection 116 of the Constitution.

(2) On completion of an audit of the Authority,the Auditor General or an auditor authorised by him toundertake the audit, as the case may be, shallimmediately draw to the attention of the Minister and


Preparation ofannual reports andaccounts byAuthority

Audit of accountsChap. 1:01

the Board any irregularity disclosed by the audit whichin the opinion of the Auditor General or the auditor isof sufficient importance to justify so doing.

(3) For the purpose of an audit conductedpursuant to this Act the Exchequer and Audit Act shallapply as if an audit referred to in this Part is one towhich that Act applies.

(4) As soon as the accounts of the Authority havebeen audited, the Auditor General shall submit hisreport in accordance with section 116 of theConstitution and shall simultaneously forward a copyof the said report to the Minister.

(5) Nothing in this section precludes the AuditorGeneral or an auditor engaged by the Board fromperforming a management or comprehensive audit ofthe activities of the Authority.

58. The financial year of the Authority shall be1st October to 30th September in every year or suchother period as the Authority may prescribe, but theperiod from the date of commencement of this Act tothe end of September next following shall be deemed tobe the first financial year.

59. The Authority may, by resolution subject to theprior approval, in writing, of the Minister withresponsibility for finance, make rules for the propercontrol of the system of accounting and the finances ofthe Authority.

PART VIII

STAFF AND RELATED MATTERS

60. (1) The Authority may employ on such terms andconditions as it thinks fit such persons as it considersnecessary for the due and efficient performance of its


Chap. 69:01

Financial year

Authority may makerules

Employment of staff

functions and exercise of its powers under this Act onsuch terms and conditions as are agreed between theAuthority and the person and subject to such maximumlimit of remuneration as the Board, in consultationwith the Minister, determines.

(2) Section 15 applies mutatis mutandis topersons employed under this Part.

61. (1) Subject to subsection (2) and to the approvalof the Authority, the appropriate Service Commissionand with the consent of the officer, any officer in thepublic service or a statutory authority may be secondedto the service of the Authority.

(2) Where a secondment referred to in sub-section (1) is effected, arrangements shall be made topreserve the rights of the officer so transferred to anypension, gratuity or other allowance for which he wouldhave been eligible had he not been seconded to or fromthe service of the Authority.

(3) A period of secondment shall not, in any case,exceed three years.

62. Subject to the approval of the Authority, theappropriate Service Commission and with the consentof the officer, an officer in the Public Service or astatutory authority may be transferred to the service ofthe Authority on terms and conditions no lessfavourable than those enjoyed by the officer in thePublic Service or statutory authority, as the case maybe.

63. (1) The Authority shall establish a pension fundplan, or where the establishment of a plan is notfeasible, join an existing plan.

(2) All employees of the Authority shall beeligible to become members of the pension fund plan.


Secondment

Transfer of officers tothe Authority

Pension fund plan

(3) Superannuation benefits which had accruedto a person who transferred in accordance withsection 62 shall be preserved as at the date of hisemployment by the Authority and such benefits shallcontinue to accrue under the relevant pension law up tothe date of establishing or joining a pension fund planon the basis of pay, pensionable emoluments or salary,as the case may be, applicable, at the time of histransfer, to the office held by him immediately prior tohis employment by the Authority.

(4) Where a person, who is transferred inaccordance with section 62, dies, retires or his post inthe Authority is abolished or he is retrenched by theAuthority prior to establishing or joining the pensionfund plan and, if at the date that his service isterminated by any of the above-mentioned methods hewas in receipt of a salary higher than the pay,pensionable emoluments or salary referred to insubsection (3), the superannuation benefits payable tohis estate or to him, as the case may be, shall be basedon the higher salary.

(5) The difference between the superannuationbenefits payable on the basis of the higher salaryreferred to in subsection (4) and the superannuationbenefits payable under the relevant pension law, on thebasis of the pay, pensionable emoluments or salary,referred to in subsection (3), shall be paid by theAuthority.

(6) Where a person, who is transferred inaccordance with section 62, dies, retires or his post inthe Authority is abolished or he is retrenched from theAuthority while being a member of the pension fundplan established by the Authority, he shall be paidsuperannuation benefits by the pension fund plan atthe amount which, when combined withsuperannuation benefits payable under the relevantpension law, is equivalent to the benefits based on his


pensionable service in the Public Service or a statutoryauthority combined with his service in the Authorityand calculated at the final salary applicable to him onthe date that his service was terminated by any of theabove-mentioned methods.

(7) For the purposes of subsection (6), “finalsalary” shall have the meaning assigned to it by thepension fund plan.

(8) Where a person who is transferred inaccordance with section 62, dies, retires or his post inthe Authority is abolished or he is retrenched from theAuthority while being a member of a pension fund planthat the Authority joined, superannuation benefitspayable under that plan shall be no less favourablethan those payable in accordance with subsection (6).

64. The Authority may employ persons to performspecific tasks that the Authority considers necessaryfor the due performance of its functions and exercise ofits powers under this Act, on such terms and conditionsas are agreed between the Authority and the personand subject to such maximum limit of remuneration asthe Board, in consultation with the Minister,determines.

PART IX

OFFENCES

65. A person who knowingly—(a) fails to comply with or acts in contravention

of section 21(1), 33, 36(1), or 73;

(b) commits a material breach of any conditioncontained in a concession or licence issuedunder this Act;

(c) operates a station or uses any equipment insuch a manner as to cause harmful


Employment ofpersons for specifictasks

Offences

interference to any telecommunicationsnetwork or telecommunications or radio-communication service;

(d) obstructs or interferes with the sending,transmission, delivery or reception of anycommunication;

(e) manufactures or sells any system,equipment, card, plate or other devicewhatsoever, or produces, sells, offers forsale or otherwise provides any accountnumber, mobile identification number orpersonal identification number, for thepurpose of fraudulent use of or access toany telecommunications service;

(f) aids or abets any telecommunicationsnetwork or telecommunications,broadcasting or radiocommunication serviceto operate contrary to its concession orlicence, as the case may be;

(g) fails to contribute to the funding of theservices referred to in section 28 inaccordance with the directions of theAuthority,

commits an offence and is liable on summary convictionto a fine of two hundred and fifty thousand dollars andto imprisonment for five years, and, in the case of acontinuing offence, to a further fine of ten thousanddollars for each day that the offence continues afterconviction.

66. A person who willfully obstructs, hinders,molests or assaults an inspector duly engaged in theperformance of any duty or the exercise of any powerconferred on him under this Act commits an offenceand is liable on summary conviction to a fine of fiftythousand dollars and to imprisonment for one year.


Obstructing aninspector

67. A person who knowingly transmits or circulatesfalse or deceptive distress, safety or identificationsignals commits an offence and is liable on summaryconviction to a fine of fifty thousand dollars and toimprisonment for two years.

68. (1) A person who by means of anytelecommunications or radiocommunication servicesends any communication that to his knowledge is falseor misleading and likely to prejudice the efficiency ofany life-safety service or endanger the safety of anyperson, ship, aircraft, vessel or vehicle commits anoffence and is liable on summary conviction to a fine ofone hundred thousand dollars and to imprisonment forthree years.

(2) For the purposes of subsection (1), a person istaken to know that a communication is false ormisleading if he did not take reasonable steps to ensurethat it was not false or misleading.

69. (1) A person who maliciously damages, removesor destroys any facility, works or other installation of apublic telecommunications network or a publictelecommunications service or of any tele-communications service operated by the Police Service,the Fire Service, the Prison Service or the Trinidad andTobago Defence Force commits an offence and is liableon summary conviction to a fine of two hundred andfifty thousand dollars and to imprisonment for fiveyears.

(2) A person who negligently damages, removesor destroys any facility, works or other installationdescribed in subsection (1) commits an offence and isliable on summary conviction to a fine of fifty thousanddollars.

70. A person convicted under section 69 is liable forall expenses reasonably incurred in the repairing,


False signals

Falsecommunications

Damage toequipment

Recovery of civil debt

restoration or replacement of any facility, works orother installation damaged, removed or destroyed byhim and the expenses are recoverable summarily as acivil debt.

71. A person who contravenes or fails to comply withany of the provisions of this Act or any regulationsmade hereunder commits an offence and except wherethe provision by or under which the offence is createdprovides the penalty to be imposed, is liable onsummary conviction to a fine of twenty-five thousanddollars, and in the case of a continuing offence to afurther fine of one thousand dollars for each day thatthe offence continues after conviction.

72. The Minister may, by Order, subject to negativeresolution of Parliament amend the penalties set out inthis Act and regulations made pursuant thereto.

PART X

GENERAL

73. (1) Where the Executive Director has reasonablegrounds for believing that any person is operating atelecommunications network or providing atelecommunications or radiocommunication service—

(a) that is dangerous to the security of theState;

(b) that disrupts a telecommunicationsnetwork or a telecommunications orradiocommunication service on land or onboard any ship, aircraft, vessel or otherfloating or airborne contrivance;

(c) that causes harmful interference to anytelecommunications network ortelecommunications or radiocommunicationservice established in respect of naturaldisasters and emergencies; or


General penalty

Amendment ofpenalties

Directions forMinister

(d) without first having obtained a concessionor licence pursuant to the requirements ofthis Act,

the Executive Director shall immediately notify theMinister of National Security and the Minister, inwriting.

(2) Upon such notification by the ExecutiveDirector, in accordance with subsection (1), theMinister may direct that person, in writing, to ceaseoperating such telecommunications network orproviding such telecommunications or radio-communication service.

(3) Where a person fails to comply immediatelywith a direction given by the Minister under sub-section (2), the Minister may direct the Authority tosuspend the concession or licence, if any, granted tothat person.

(4) A person aggrieved by a direction of theMinister given under subsection (2) may apply to theHigh Court for judicial review.

74. Where, on an application for review of a decisionmade by the Minister under section 73(1)(a), (b) or (c),the Minister certifies that in his opinion it is contraryto public order, public safety or national security todisclose the grounds for believing that the appellant isoperating a telecommunications network or providing atelecommunications or radiocommunication service inthe manner described in section 73(1)(a), (b) or (c),then, unless the High Court thinks fit to orderotherwise, the Minister is presumed to have hadreasonable grounds for so believing.

75. (1) The Authority may operate frequencymonitoring stations for—

(a) ascertaining whether radiocommunicationservices and broadcasting services areoperated in accordance with this Act;


Minister’scertification

Monitoring stations

(b) planning, supervising and regulating theuse of the frequency spectrum; and

(c) carrying out any technical functionnecessary for fulfilling the requirements ofthe Radio Regulations of the InternationalTelecommunication Union for the timebeing in force.

(2) The Minister may, by Order, exempt afrequency monitoring station operated by the Authorityfrom any of the provisions of this Act.

76. (1) Where the Executive Director is of the opinionthat the use of any facility or terminal equipment islikely to cause or has caused or is causing harmfulinterference, whether or not all reasonable steps tominimize interference have been taken, he may—

(a) serve notice on the person, in possession ofthe facility or terminal equipment,requiring the person to cease such usewithin seven days from the date of serviceof the notice; or

(b) impose limits as to when the facility orterminal equipment may be used.

(2) A person aggrieved by a notice of theExecutive Director under subsection (1) may makerepresentation to the Board who, having regard to therepresentation made, may vary the decision madeunder subsection (1).

(3) A person aggrieved by the decision of theBoard made pursuant to subsection (2) may apply tothe High Court for judicial review.

77. The obligations of a concessionaire operating atelecommunications network or providing atelecommunication service, or a licensee providing a


Harmful interference

Obligations underinternationalagreements

radiocommunication service, shall not be abrogated byreason of any international agreement to whichTrinidad and Tobago is a party.

78. (1) The Minister, on the recommendation of theAuthoruty, shall make such regulations, subject tonegative resolution of Parliament, as may be requiredfor the purposes of this Act, including regulationsprescribing—

(a) application procedures in relation toconcessions and licences;

(b) fees payable to the Authority for or inrelation to applications, concessions,licences or the provision of servicesprovided by the Authority to any person;

(c) procedures for the management of thespectrum;

(d) approvals and certification of terminalequipment;

(e) price regulation;(f) interconnection;(g) universal service;(h) numbering;(i) procedures for investigating and resolving

complaints by users with regard to publictelecommunications services; and

(j) procedures for investigating allegedbreaches of any term or condition of aconcession or licence or alleged violations ofany provision of this Act or regulationsmade pursuant thereto.

(2) Regulations made pursuant to this Actmay prescribe penalties, not exceeding fifty thousanddollars for offences committed thereunder.

(3) Regulations made pursuant to this Act shallapply equally to all similarly situated persons.


Regulations

79. (1) Subject to this Act, the Authority shall, withina year of its establishment, by Order subject toaffirmative resolution of Parliament, promulgate aBroadcasting Code to regulate the practices ofconcessionaires of broadcasting services.

(2) In the course of developing a BroadcastingCode, the provisions of section 78(3) shall apply mutatismutandis.

(3) The Authority may, by Order, amend theBroadcasting Code, subject to affirmative resolution ofParliament.

80. (1) The Board, employees of the Authority andevery person concerned with the administration of thisAct shall treat documents, information or other mattersrelated to the administration of this Act as secret andconfidential except that disclosures—

(a) made by the Authority, or any other person,pursuant to the provisions of this Act or anyregulations made hereunder; or

(b) which the Authority considers necessary inthe discharge of its functions,

shall not be deemed inconsistent with any dutyimposed under this section.

(2) Subject to subsection (1), any person has theright to request that any proprietary or confidentialdocuments, information or matters provided orsubmitted to the Authority be maintained secret andconfidential.

81. The Authority shall refrain, in whole or in partand conditionally or unconditionally, from the exerciseof any power or the performance of any duty in relationto a telecommunications network, telecommunicationsservice, broadcasting service, radiocommunicationservice or a class of service provided by a concessionaire


Authority topromulgateBroadcasting Code

Confidentiality

Forbearance

or licensee, where the Authority finds that to refrainwould be consistent with the agreed tele-communications policy objectives.

82. (1) The Authority shall establish a disputeresolution process to be utilized in the event of acomplaint or dispute arising between parties in respectof any matter to which section 18(1)(m) or 25(2)(h)applies, or where a negotiated settlement, as requiredunder section 26, cannot be achieved, or in respect ofany other matter that the Authority considersappropriate for dispute resolution.

(2) The Authority shall not be a party to anydispute resolution process.

(3) Such dispute resolution process shall befunded by the parties to the dispute and shall beconducted in an open, non-discriminatory and unbiasedfashion, within thirty days after the filing of thedispute.

(4) The Authority may establish penalties forreferral of frivolous disputes to the dispute resolutionprocess.

83. A person aggrieved by a decision of the Ministeror Authority may request that such decision bereconsidered based upon information not previouslyconsidered, and the Minister or the Authority, as thecase may be, shall consider the new informationsubmitted and decide accordingly.

84. (1) Where a state of emergency has beendeclared, the President may, on the advice of theMinister of National Security—

(a) authorize the taking of possession andcontrol by the Government of any


Dispute resolution

Reconsideration andappeal

Telecommunicationsduring an emergency

telecommunications equipment, instal-lation, service, apparatus or station to beused—

(i) for Government service;(ii) for such ordinary service as the

Minister of National Security maydetermine; or

(b) direct or authorize the control of thetransmission and reception of messages inany manner as he may direct.

(2) The Government shall, excluding loss ofprofit, compensate reasonably the owner or controller ofany installation, service, apparatus or station, thepossession or control of which was assumed under sub-section (1).

(3) Where an agreement cannot be reachedbetween the parties concerned with respect to theamount of the compensation paid, the matter shall bereferred to an arbitrator agreed to by both partieswhose decision shall be binding on all the parties.

(4) Each service provider may, during a period ofemergency in which normal telecommunicationinstallations are disrupted as a result of a hurricane,flood, earthquake or any other disaster, use his service,apparatus or station for emergency communicationsand in a manner other than that specified in theconcession or in the regulations governing the relevantservice, apparatus or station.

(5) Emergency use permitted under this sectionshall be discontinued when normal telecommunicationfacilities are again available or when such special useof the installation, service, apparatus or station isterminated by the President.

85. (1) Subject to this section, the WirelessTelegraphy Ordinance is repealed.


Repeal andtransitionalprovisionsCh. 36. No. 2

(2) Regulations made under the WirelessTelegraphy Ordinance shall remain in force untilreplaced by corresponding regulations made pursuantto this Act.

(3) Licences issued under the WirelessTelegraphy Ordinance and in force at thecommencement of this Act remain in force for one yearbut no more than two years thereafter as the Ministermay determine, upon the advice and recommendationof the Authority.

(4) During the period referred to in sub-section (3), any person licensed under the WirelessTelegraphy Ordinance to provide a telecommunicationsservice or radiocommunication service shall apply tothe Authority for a concession or a licence to providesuch service under this Act, as the case may be.

(5) The Minister shall approve any applicationsubmitted pursuant to subsection (4) in accordancewith this Act and any concession granted or licenceissued shall be subject to the provisions of this Act.

(6) Any concession granted or licence issued inaccordance with subsection (5) shall expire on the datethat the licence issued under the Wireless TelegraphyOrdinance would have expired.

(7) The holder of a license issued under theWireless Telegraphy Ordinance shall enjoy no newbenefit or right conferred by this Act unless suchbenefit or right was conferred under the WirelessTelegraphy Ordinance.

(8) The Cable and Wireless (West Indies) LimitedOrdinance is repealed.

(9) The Trinidad and Tobago Telephone Act isrepealed, with all rights and obligations thereunderremaining in force for one year or such longer period asthe Minister may determine upon the advice andrecommendation of the Authority, or until the Company


Ch. 36. No. 3

Chap. 47:30

(as defined in such Act), having applied for a concessionpursuant to Part III of this Act, is granted a concessionhereunder, whichever is earlier.

(10) The Telecommunications Authority Act isrepealed.

(11) The Tobago House of Assembly Act isamended by deleting item 10 of the Seventh Scheduleand substituting it as follows:

“ The Telecommunications Authority inrespect of the issuing of concessions andlicences.”.

(12) The Regulated Industries Commission Act isamended by deleting items 3 and 6 of the First andSecond Schedules, respectively.

SCHEDULE(Section 20)

ASSETS VESTED IN THE AUTHORITY

All the—(a) Vehicles; (b) Furniture;(c) Equipment, including office equipment, testing

equipment and computers and their peripheralequipment and manuals;

(d) Mobile monitoring and direction-finding facilitiesincluding maintenance equipment and spare parts;and

(e) Miscellaneous items operated or used by theTelecommunications Division.

Passed in the Senate this 10th day of April, 2001.

N. COXClerk of the Senate

Passed in the House of Representatives this 28th dayof May, 2001.

J. SAMPSON-JACENTClerk of the House


Act No. 40 of 1991

Act No. 40 of 1996

Act No. 26 of 1998

PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2001

the telecommunications act, 2001 - sice the oas · pdf filethe telecommunications act, 2001...

Documents