Electronic Communications Act, 2008 (Act 775) - Revision history

Oblitey at 13:09, 27 December 2024

2024-12-27T13:09:51Z

Oblitey at 12:49, 27 December 2024

2024-12-27T12:49:44Z

Oblitey at 12:33, 27 December 2024

2024-12-27T12:33:23Z

← Older revision		Revision as of 14:33, 27 December 2024
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	(9) In pursuit of its mandate, the Authority shall pay particular attention to the provisions of Chapter 12 of the Constitution.		(9) In pursuit of its mandate, the Authority shall pay particular attention to the provisions of Chapter 12 of the Constitution.

	===''~~Licence~~ and frequency ~~authorisation~~''===		===''Licences and frequency authorisations''===

	====3. Requirement for a licence for public electronic communications service====		====3. Requirement for a licence for public electronic communications service====
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	(2) In furtherance of subsection (1), the personnel of the Authority may be accompanied by a police officer.		(2) In furtherance of subsection (1), the personnel of the Authority may be accompanied by a police officer.

	(3) A licensee or authorisation holder shall produce the licence or frequency authorisation for inspection on request by an authorised officer of the Authority. ~~Enforcement powers of the Authority~~		(3) A licensee or authorisation holder shall produce the licence or frequency authorisation for inspection on request by an authorised officer of the Authority.


			===''Enforcement powers of the Authority ''===

	====72. Enforcement powers of the Authority====		====72. Enforcement powers of the Authority====
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	(3) A person who commits an offence under this section is liable on summary conviction, to a fine of not more than one hundred and twenty-five penalty units or to imprisonment for a term of not more than six months or both.		(3) A person who commits an offence under this section is liable on summary conviction, to a fine of not more than one hundred and twenty-five penalty units or to imprisonment for a term of not more than six months or both.


			===''Fees''===

	====82. Fees====		====82. Fees====
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	====84. ~~Resolution of disputes~~ Authority to establish a dispute resolution process====		===''Resolution of disputes''===

			====84. Authority to establish a dispute resolution process====
	(1) The Authority shall establish a dispute resolution process to resolve .		(1) The Authority shall establish a dispute resolution process to resolve .
	:(a) a dispute between or among different network operators or service providers,		:(a) a dispute between or among different network operators or service providers,
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	====94. ~~General provisions~~ Services provided from outside the Republic====		===''General provisions''===

			====94. Services provided from outside the Republic====
	The Authority may take appropriate action where electronic communications service provided in the Republic from outside the Republic jeopardises the provision of, or otherwise competes unfairly with a service licensed under this Act.		The Authority may take appropriate action where electronic communications service provided in the Republic from outside the Republic jeopardises the provision of, or otherwise competes unfairly with a service licensed under this Act.

Oblitey at 12:26, 27 December 2024

2024-12-27T12:26:07Z

← Older revision		Revision as of 14:26, 27 December 2024
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	==ACT==		==ACT==

	''Application''		===''Application''===

	====1. Application and scope====		====1. Application and scope====

Oblitey at 12:20, 27 December 2024

2024-12-27T12:20:57Z

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Oblitey at 11:46, 27 December 2024

2024-12-27T11:46:33Z

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Oblitey: Created page with "==ARRANGEMENT OF SECTIONS== ''Application'' :1. Application and scope ''Broadcasting service'' :2. Broadcasting services ''Licences and frequency authorisations'' :3. Requirement for a licence for public electronic communications service :4. Licence conditions :5. Obligations with respect to individual licences :6. Obligations of individual licensees :7. Class licences or authorisations :8. Obligations of operators of electronic communications networks and communicati..."

2024-12-27T11:06:37Z

Created page with "==ARRANGEMENT OF SECTIONS== ''Application'' :1. Application and scope ''Broadcasting service'' :2. Broadcasting services ''Licences and frequency authorisations'' :3. Requirement for a licence for public electronic communications service :4. Licence conditions :5. Obligations with respect to individual licences :6. Obligations of individual licensees :7. Class licences or authorisations :8. Obligations of operators of electronic communications networks and communicati..."

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← Older revision		Revision as of 15:09, 27 December 2024
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	(9) In pursuit of its mandate, the Authority shall pay particular attention to the provisions of Chapter 12 of the Constitution.		(9) In pursuit of its mandate, the Authority shall pay particular attention to the provisions of Chapter 12 of the Constitution.


	===''Licences and frequency authorisations''===		===''Licences and frequency authorisations''===
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	::(ii) operators of electronic communications networks,		::(ii) operators of electronic communications networks,
	::(iii) providers of electronic communications services, and		::(iii) providers of electronic communications services, and
	::(iv) other users, to the Authority for resolution where the complaints or disputes are because of the licensee's exercise of its rights and obligations under the licence;		::(iv) other users,
			:to the Authority for resolution where the complaints or disputes are because of the licensee's exercise of its rights and obligations under the licence;
	:(j) file with the Authority samples of user agreements with end- users and any amendments of the agreements for the provision of public electronic communications services;		:(j) file with the Authority samples of user agreements with end- users and any amendments of the agreements for the provision of public electronic communications services;
	:(k) permit the resale of its electronic communications service and not impose unreasonable or discriminatory conditions or limitations on the resale;		:(k) permit the resale of its electronic communications service and not impose unreasonable or discriminatory conditions or limitations on the resale;
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	(7) An interconnection agreement concluded under subsection (3),		(7) An interconnection agreement concluded under subsection (3),
	:(a) shall be made available for public scrutiny at the office of the Authority, or		:(a) shall be made available for public scrutiny at the office of the Authority, or
	:(b) may be reproduced by the Authority at the request of a member of the public on payment of the prescribed fee, but those parts of the agreement which in the opinion of the Authority contain the commercial strategy of the parties shall not be made available or be reproduced.		:(b) may be reproduced by the Authority at the request of a member of the public on payment of the prescribed fee,
			but those parts of the agreement which in the opinion of the Authority contain the commercial strategy of the parties shall not be made available or be reproduced.

	(8) A network operator or service provider who has significant market power shall		(8) A network operator or service provider who has significant market power shall
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	(1) An Industry Forum may		(1) An Industry Forum may
	:(a) on its own initiative, or		:(a) on its own initiative, or
	:(b) upon request by the Authority, prepare a voluntary industry code to deal with a matter provided for in this Act.		:(b) upon request by the Authority,
			prepare a voluntary industry code to deal with a matter provided for in this Act.

	(2) The code is not effective until it is registered by the Authority.		(2) The code is not effective until it is registered by the Authority.
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	(2) Where the Authority is of the opinion that the use of a facility, terminal or other equipment is likely to cause or has caused or is causing harmful interference, the Authority may		(2) Where the Authority is of the opinion that the use of a facility, terminal or other equipment is likely to cause or has caused or is causing harmful interference, the Authority may
	:(a) serve notice on the person in possession of the facility, terminal equipment or other equipment requiring that person to cease the use of the facility, terminal or equipment within seven days from the date of service of the notice, or		:(a) serve notice on the person in possession of the facility, terminal equipment or other equipment requiring that person to cease the use of the facility, terminal or equipment within seven days from the date of service of the notice, or
	:(b) impose limits as to when the facility, terminal, equipment or other equipment may be used, and whether or not reasonable steps have been taken to minimise the interference.		:(b) impose limits as to when the facility, terminal, equipment or other equipment may be used, and
			whether or not reasonable steps have been taken to minimise the interference.


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	:(b) apply to a District Magistrate for a warrant authorising the Authority or any other person named in the warrant		:(b) apply to a District Magistrate for a warrant authorising the Authority or any other person named in the warrant
	::(i) to search premises and to break open and search any cupboard, drawer, container or other receptacle, whether a fixture or not, in the premises, and		::(i) to search premises and to break open and search any cupboard, drawer, container or other receptacle, whether a fixture or not, in the premises, and
	::(ii) to take possession of, or secure against interference, any book which appears to be a book which the Authority has asked to be produced, if the Authority has reasonable grounds to believe that a document it has requested to be produced is on any premises but has not been produced,		::(ii) to take possession of, or secure against interference, any book which appears to be a book which the Authority has asked to be produced,
			if the Authority has reasonable grounds to believe that a document it has requested to be produced is on any premises but has not been produced,
	:(c) require attendance and examination of a witness,		:(c) require attendance and examination of a witness,
	:(d) issue restraining orders in the event of a breach of a condition of a licence,		:(d) issue restraining orders in the event of a breach of a condition of a licence,
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	(3) Where parties to a dispute that relates to electronic communications agree that the dispute is to be settled by		(3) Where parties to a dispute that relates to electronic communications agree that the dispute is to be settled by
	:(a) the dispute resolution committee established under section 84, or		:(a) the dispute resolution committee established under section 84, or
	:(b) any alternative dispute resolution mechanism, the parties shall not institute an action in court until the dispute resolution procedure has been exhausted.		:(b) any alternative dispute resolution mechanism,
			the parties shall not institute an action in court until the dispute resolution procedure has been exhausted.

← Older revision		Revision as of 14:49, 27 December 2024
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	::(i) a person acquiring a significant interest in that network operator or service provider, or		::(i) a person acquiring a significant interest in that network operator or service provider, or
	::(ii) a person who already owns or holds a significant interest in the network operator or service provider, increasing or decreasing the size of that person's interest.		::(ii) a person who already owns or holds a significant interest in the network operator or service provider, increasing or decreasing the size of that person's interest.


	(4) A person who acquires a significant interest in a network operator or service provider shall notify the Authority within fourteen days of the acquisition.		(4) A person who acquires a significant interest in a network operator or service provider shall notify the Authority within fourteen days of the acquisition.
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	:(c) any applicable regional agreements, standards and arrangement,		:(c) any applicable regional agreements, standards and arrangement,
	:(d) any applicable international standards, International Telecommunication Union Treaties and other international agreement, and		:(d) any applicable international standards, International Telecommunication Union Treaties and other international agreement, and
	:(e) any other relevant matters having regard to the circumstances of the case."		:(e) any other relevant matters having regard to the circumstances of the case.


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	(2) The plan may set out for network and applications services conditions which include		(2) The plan may set out for network and applications services conditions which include
	:(a) the use of different numbers for different kinds of service including emergency services,		:(a) the use of different numbers for different kinds of service including emergency services,
	:(b) the assignment of numbers,"		:(b) the assignment of numbers,
	:(c) the transfer of assigned numbers,		:(c) the transfer of assigned numbers,
	:(d) the use of assigned numbers,		:(d) the use of assigned numbers,
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	:(a) require the production of a document and information by a licensee,		:(a) require the production of a document and information by a licensee,
	:(b) apply to a District Magistrate for a warrant authorising the Authority or any other person named in the warrant		:(b) apply to a District Magistrate for a warrant authorising the Authority or any other person named in the warrant
	::(i) to search premises and to break open and search any cupboard, drawer, container or other receptacle, whether a fixture or not, in the premises, and"		::(i) to search premises and to break open and search any cupboard, drawer, container or other receptacle, whether a fixture or not, in the premises, and
	::(ii) to take possession of, or secure against interference, any book which appears to be a book which the Authority has asked to be produced, if the Authority has reasonable grounds to believe that a document it has requested to be produced is on any premises but has not been produced,		::(ii) to take possession of, or secure against interference, any book which appears to be a book which the Authority has asked to be produced, if the Authority has reasonable grounds to believe that a document it has requested to be produced is on any premises but has not been produced,
	:(c) require attendance and examination of a witness,		:(c) require attendance and examination of a witness,
	:(d) issue restraining orders in the ""event of a breach of a condition of a licence,		:(d) issue restraining orders in the event of a breach of a condition of a licence,
	:(e) impose a pecuniary penalty on a licensee for breach of a condition of a licence, and		:(e) impose a pecuniary penalty on a licensee for breach of a condition of a licence, and
	:(f) assess and award damages to be paid by a licensee to a third party injured as a result of the breach by the licensee of the licence conditions.		:(f) assess and award damages to be paid by a licensee to a third party injured as a result of the breach by the licensee of the licence conditions.
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	====90. Rules of procedure of the Tribunal====		====90. Rules of procedure of the Tribunal====
	(1) The Board shall, within thirty days of the commencement of this Act, prepare proposals for rules of procedure for the Tribunal."		(1) The Board shall, within thirty days of the commencement of this Act, prepare proposals for rules of procedure for the Tribunal.

	(2) The proposals shall be approved by a panel of the Tribunal specifically convened for the purpose.		(2) The proposals shall be approved by a panel of the Tribunal specifically convened for the purpose.
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	:'''"telecommunications"''' includes the transmission, emission or reception of signals, writing, pulses, images, sounds or other intelligence of any kind by wire, radio, terrestrial or submarine cables, optical or electromagnetic spectrum or by way of any other technology;		:'''"telecommunications"''' includes the transmission, emission or reception of signals, writing, pulses, images, sounds or other intelligence of any kind by wire, radio, terrestrial or submarine cables, optical or electromagnetic spectrum or by way of any other technology;
	:'''"terminal equipment"''' means equipment on the user's side of the network termination point that is connected directly or indirectly to electronic communications network by wire,"		:'''"terminal equipment"''' means equipment on the user's side of the network termination point that is connected directly or indirectly to electronic communications network by wire,"
	"radio, optical or electromagnetic means and with which a user can originate, process or terminate telecommunications;		:'''"radio, optical or electromagnetic"''' means and with which a user can originate, process or terminate telecommunications;
	:'''"Tribunal"''' means the Electronic Communications Tribunal"Trustee"''' means a member of the board of Trustees of the Fund established in section 34;		:'''"Tribunal"''' means the Electronic Communications Tribunal
			:'''"Trustee"''' means a member of the board of Trustees of the Fund established in section 34;
	:'''"Trustees"''' means the Board of Trustees of the Fund as provided for in section 34;		:'''"Trustees"''' means the Board of Trustees of the Fund as provided for in section 34;
	:'''"universal access"''' means any community based services which the Authority,· in accordance with this Act, determines shall be provided;		:'''"universal access"''' means any community based services which the Authority,· in accordance with this Act, determines shall be provided;
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	:'''"utility installation"''' means any physical component of a system owned or operated by a public utility to provide water, gas or electricity;		:'''"utility installation"''' means any physical component of a system owned or operated by a public utility to provide water, gas or electricity;
	:'''"utility installation owner"''' means the owner or operator of any utility installation; and		:'''"utility installation owner"''' means the owner or operator of any utility installation; and
	:'''"value added service"''' includes a service that combines applications provided to users with telecommunications, but does not include any public electronic communications service."		:'''"value added service"''' includes a service that combines applications provided to users with telecommunications, but does not include any public electronic communications service.