Telecommunications Act

TELECOMMUNICATIONS ACT (Act 1 2000)

ARRANGEMENT OF SECTIONS

PART I. Preliminary

Short title and commencement.

Interpretation.

Objects of Act.

PART II. Administration

Functions of Office.

Duty of Office to refer matters to the Fair Trading Commission.

Ministerial directions.

Obligation for secrecy.

Numbering.

PART III. Licensing of Telecommunication Services

Licence required for provision of specified service.

Ministerial directions to Office re licences, etc.

Application for licence.

Application fees.

Grant of licence.

Suspension or revocation of licence.

Renewal of licence.

Regulatory fees.

Assignment of licences and transfer of control licencees.

Customer equipment.

Register and inspection of licences.

PART IV. Spectrum Management

Regulation of use of spectrum.

Spectrum Management Authority.

Allocation of spectrum.

Licence for use of spectrum.

Saving re existing users.

Use of spectrum.

Spectrum regulatory fee.

PART V. Interconnection

Interpretation.

Determination of dominance.

Obligation to grant interconnection.

Interconnection by dominant carrier.

Determination of term or condition.

Filing of offer by dominant and other carriers.

Principles to guide determination of prices.

Pre-contract disputes.

Competitive safeguards.

Indirect access.

Number portability.

PART VI. Universal Service

Principles governing provisions of universal service.

Obligation to provide universal service.

Designation of universal service provider.

Obligation of universal service provider.

Modification of universal service obligation.

PART VII. Consumer Protection

Interpretation.

Quality of service.

Non-discrimination and continuity of supply.

Price cap restrictions.

Privacy of customer information.

Obligations re public voice services. 49 Improper use of service or facility.

PART VIII. International Services

International service rules.

Rights of carriers and service providers. 52 Services to be treated as voice service.

PART IX. Powers and Immunities of Carriers and Service Providers

Access to crown lands.

Access to land or facilities of other carrier.

Enforcement of access.

Powers of Minister

PART X. Certification Standards

57. Certification standards.

PART XI. Telecommunications Advisory Council

Establishment of Council

Functions of Council.

PART XII. Review of Administrative Decisions

Reconsideration by Minister.

Establishment of Tribunal.

Appeal to Tribunal. iii

PART XIII. Enforcement

Power to issue cease and desist orders.

Contents of cease and desist order.

Application for enforcement.

Powers of Court.

Civil liability.

PART XIV. Offences

Interpretation.

Offence re trespass, interference, etc.

Seizure and forfeiture of apparatus, etc.

PART XV. General

Office may make rules.

Regulations.

Agreements, etc not affected by Fair Competition Act.

PART XVI. Amendments to other Acts

74. Amendments to Radio and Telegraph Control Act.

PART XVII. Repeal and Transitional

Repeal of Telephone Act.

Saving of licence.

Interpretation.

Licences during Phases 1,11 and 111.

Resale of International minutes.

Resale of domestic minutes. 81 Commencement of price caps.

Exemption.

Deferment of rules.

Savings.

Transitional.

SCHEDULES

JAMAICA

AN ACT to Repeal the Telephone Act and to make new provisions for the regulation of telephony, telegraphy and other means of communication and the provision of telecommunications services throughout Jamaica, and for connected matters.

BE IT ENACTED by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:

PART I. Preliminary

Short title and 1. This Act may be cited as the Telecommunications Act, 2000 and, subject to commencement. the provisions of this Act, shall come into operation on a day to be appointed by the Minister by notice published in the Gazette.

Interpretation. 2 -(1) In this Act, unless the context otherwise requires "appointed day" means the date of commencement of this Act; "assign" means transfer, sell or otherwise dispose of in any manner; "broadcasting" means either sound broadcasting or television broadcasting or

both; “bypass operations" means operations that circumvent the international network

of a licensed international voice carrier in the provision of international voice services; "carrier" means a person who is granted a carrier licence pursuant to section 13; "closed user group" means, in relation to a person, that person and the person’s

employees and officers; "connection" means wireline and wireless connection; "customer" means a person who is provided with a specified service by a

service provider and includes the end user of that service; "customer equipment" means all equipment, whether mobile or fixed, that is used on the customer side of the network termination point; "data service" means a specified service other than a voice service;

“dealer” means a person who is granted a dealer licence under section 13;

"domestic service" means a specified service that is provided between one or more points in Jamaica but does not include a transit service;

"existing telecommunications carrier" means Cable & Wireless Jamaica Limited and includes any wholly owned subsidiary or any successor or assignee of that company;

"facility" means any physical component of a telecommunications network (other than customer equipment) including

(a) wires, lines, poles, ducts, sites, towers, satellite earth stations or any other apparatus using the radio spectrum;

(b) submarine cables and other tangible resources used in the provision of a specified service; "fixed network" means a telecommunications network that is not a mobile

network;

"functions" includes duties and powers;

“intelligence" means signs, signals, writing, images, sounds or intelligence of any nature;

"interconnection" means the physical or logical connection of public voice networks of different carriers;

"international service" means a transit service or a specified service between points in Jamaica and points outside Jamaica, or with ships at sea and small vessels in coastal waters;

"internet access" means access to the Internet or any similar global system for linking networks together using, as the basis for communications,

transmission protocols or internet protocols or any protocols amending or replacing them; "mobile network" means a telecommunications network used to provide specified services that

(a)permits a user to move continuously between places (including places accessing that network through different mobile base facilities) during the provision of a single call; and

(b) does not require physical contact between the network and the customer equipment; "network termination point" means the point designated by a carrier for

connection by a customer of equipment to that carrier’s network; "licence" means a licence granted under this Act; "licensee" means a person who is the holder of a licence granted under this Act; "the Office" means the Office of Utilities Regulation established under the Office

of Utilities Regulation Act; “prescribed equipment” means such facility or customer equipment as may be prescribed;

"public network" means a telecommunications network used by any person to provide specified services to the public and includes a network whereby the public can send or receive telecommunications services to or from

(a) anywhere in Jamaica; or

(b) anywhere outside of Jamaica, and includes a network commonly known as a public switched telephone network;

"resale" means an activity whereby a person subscribes to or acquires the use of another person’s specified services and then re-offers those services to any other person and "reseller" shall be construed accordingly;

The Telecommunications Act, 2000

"service provider" means a person who is the holder of a service provider licence issued under section 13; “subscriber television service” has the same meaning as the Broadcasting and Radio Re-Diffusion Act;

"specified service" means a telecommunications service or such other service as may be prescribed;

"telecommunications" means the transmission of intelligence by means of guided or unguided electromagnetic, electrochemical or other forms of energy, including but not limited to intelligence

(a)

in the form of

(i)

speech, music or other sounds;

(ii)

visual images, whether still or animated;

(iii) data or text; (iv) any type of signals;

(b)

in any form other than those specified in paragraph (a);

(c)

in any combination of forms; and

(d)

transmitted between persons and persons, things and things or persons and things;

"telecommunications network" means a system or any part thereof, whereby a person or thing can send or receive intelligence to or from any point in Jamaica, in connection with the provision of a specified service to any person;

“telecommunications service" means a service provided by means of a telecommunications network to any person for the transmission of intelligence from or within Jamaica without change in the content or form and includes any two way or

interactive service that is provided in connection with a broadcasting service or subscriber television service;

"transit service" means a service that is provided to any international carrier or service provider for use as a means of transit of international traffic through Jamaica;

"transmission" means the despatch, conveyance, switching, routing or reception of intelligence by any means including, but not limited to rendering into packets, digitisation and compression;

"uncontrollable forces" means such forces as are not within the control of the carrier or service provider or which the carrier or service provider is unable to avoid or prevent by the exercise of due diligence and includes

(a)

acts of God, action by or against the Queen’s enemies, riot or civil commotion;

(b)

strikes, lockouts and other industrial disturbances;

(c)

wars, blockades or insurrection;

(d)

earthquake, hurricane, flood, fire or explosions;

(e)

outbreak of pestilence or epidemics;

(f)

government rationing of electricity or other wartime or emergency controls imposed by government;

(g)

embargoes or trade restrictions; "voice service" means

(a)

the provision to or from any customer of a specified service comprising wholly or partly real time or near real time audio communications, and for the purposes of this paragraph the reference to real time communications is not limited to a circuit switched service;

(b)

a service determined by the Office to be a voice service

(b)

receive and process applications for a licence under this Act and make such recommendations to the Minister in relation to the application as the Office considers necessary or desirable;

(c)

promote the interests of customers, while having due regard to the interests of carriers and service providers;

(d)

carry out, on its own initiative or at the request of any person, investigations in relation to a person’s conduct as will enable it to determine whether and to what extent that person is acting in contravention of this Act;

(e)

make available to the public, information concerning matters relating to the telecommunications industry;

(f)

promote competition among carriers and service providers;

(g)

advise the Minister on such matters relating to the provision of telecommunications services as it thinks fit or as may be requested by the Minister;

(h)

determine whether a specified service is a voice service for the purposes of this Act;

(i)

carry out such other functions as may be prescribed by or pursuant to this Act.

within the provisions of section 52,

and includes services referred to as voice over the internet and voice over

IP;

(2) Any reference to a network or service in this Act, other than Part V, includes any part

of that network or service.

Objects of 3. The objects of this Act are

Act. (a) to promote and protect the interest of the public by

(i) promoting fair and open competition in the provision of specified services and

telecommunications equipment;

(ii) promoting access to specified services;

(iii) ensuring that services are provided to persons able to meet the financial and

technical obligations in relation to those services;

(iv) providing for the protection of customers;

(v) promoting the interests of customers, purchasers and other users (including, in

particular, persons who are disabled or the elderly age) in respect of the quality

and variety of telecommunications services and equipment supplied;

(b) to promote universal access to telecommunications services for all persons in Jamaica, to

the extent that it is reasonably practicable to provide such access;

(c) to facilitate the achievement of the objects referred to in paragraphs (a) and (b) in a

manner consistent with Jamaica’s international commitments in relation to the liberalization

of telecommunications; and

(d) to promote the telecommunications industry in Jamaica by encouraging economically

efficient investment in, and use of, infrastructure to provide specified services in Jamaica.

PART II. Administration

Functions of 4. - (1)The Office shall regulate telecommunications in accordance with this Act

Office. and for that purpose the Office shall

(a) regulate specified services and facilities;

(2)

In making a decision in the exercise of its functions under this Act the Office shall observe reasonable standards of procedural fairness, act in a timely fashion and observe the rules of natural justice, and, without prejudice to the generality of the foregoing, the Office shall

(a)

consult in good faith with persons who are or are likely to be affected by the decision;

(b)

give to such persons an opportunity to make submissions to and to be heard by the Office;

(c)

have regard to the evidence adduced at any such hearing and to the matters contained in any such submissions;

(d)

give reasons in writing for each decision;

(e)

give notice of each decision in the prescribed manner.

(3)

In the exercise of its functions under this Act, the Office may have regard to the following matters

(a)

the needs of the customers of the specified services;

(b)

whether the specified services are provided efficiently and in a manner designed to

(i)

protect the health and well-being of users of the service and such members of the public as would normally be affected by its operation;

(ii)

protect and preserve the environment;

(iii) afford economical and reliable service to its customers;

(c)

whether the specified services are likely to promote or inhibit competition.

(4)

Where the Office has reasonable grounds for so doing, it may for the purpose of its functions under this Act, the Office may require a licensee to furnish, at such intervals as it may determine, such information or documents as it may specify in relation to that licensee’s operations and the licensee shall be given a reasonable time within which to furnish the information.

(5)

The office may make rules, subject to affirmative resolution, prescribing the system of regulatory accounts to be kept by a dominant carrier or service provider in relation to specified services.

Duty of Office 5. Where after consultation with the Fair Trading Commission the Office to refer matters determines that a matter or any aspect thereof relating to the provision of specified to the Fair services Trading (a) is of substantial competitive significance to the provision of specified Commission. services; and

(b) falls within the functions of the Fair Trading Commission under the Fair Competition Act,

the office shall refer the matter to the Fair Trading Commission.

Ministerial 6. The Minister may give to the Office such directions of a general nature as to

directions. the policy to be followed by the Office in the performance of its functions under this Act as the

Minister considers necessary in the public interest and the Office shall give effect to those directions. Obligation 7. -(1) Every person having any official duty or being employed in the administrafor secrecy. tion of this Act shall regard and deal with as secret and confidential all confidential information relating to applicants and applications for licences, licensees and the management and operation of licensees and shall, upon assuming such duty or employment make and subscribe a declaration to that effect before a Justice of the Peace.

(2)

Subject to subsection (3), a person who, by reason of his capacity or office has by any means access to the confidential information referred to in subsection (1) shall not, while his employment in or, as the case may be, his professional relationship with the Office continues or after the termination thereof, communicate any confidential information to any person.

(3)

Subsection (2) shall not apply where

(a)

the confidential information is disclosed

(i)

with the consent in writing of a licensee or an applicant for a licence;

(ii)

on the written directions of the Minister to the police who require such disclosure for purpose of the investigation of a criminal offence;

(iii) to the Minister, an agent of the Office or the Fair Trading Commission; or (iv) subject to paragraph (b), to any person who is authorized by the office to receive it;

(b)

in the opinion of the Office or the Minister, disclosure is necessary in the public interest, so, however, that before such disclosure is made, the Office or the Minister shall give not less than fourteen days’ notice of the pro-posed disclosure to the applicant or licensee concerned who shall, upon receipt of that notice, be entitled to apply to a Judge in Chambers for an order prohibiting the disclosure on the ground that it would be harmful to the interest of the applicant or licensee;

(c)

subject to subsection (4), pursuant to a court order.

(4)

Where an application is made to a court for disclosure of confidential information, the party claiming confidentiality has a right to require that the informa-tion be first disclosed only to the Judge for the purpose of determining the extent of and the necessity for the disclosure.

(5)

A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and

(c)

sell, trade in or import any prescribed equipment unless that person is the holder of a dealer licence granted under section 13;

(d)

engage in bypass operations.

(2)

A person shall not provide a specified service to the public in Jamaica unless that person is the holder of a service provider licence granted under section 13.

(3)

Subsections (1) and (2) shall not apply to the following facilities to the extent that they are not used to provide specified services, being facilities that are

(a)

used solely on a single premises;

(b)

not connected to any other system and are run solely by a person for domestic purposes;

(c)

used solely as part of an electricity transmission or distribution system or of the generation or distribution of an electricity network;

(d)

used solely for broadcasting or to provide subscriber television service;

(e)

used solely to provide emergency telecommunications services;

(f)

used solely by an aeronautical, maritime or other industry or organization to provide services to its members that share a common business purpose other than the supply of telecommunications services.

(4)

This section shall not apply to any facility owned or operated by the Jamaica Constabulary Force or the Jamaica Defence Force.

(5)

For the purposes of this Act, a specified service is provided to the public if it

(a)

is supplied, directly or indirectly, for a fee to a person other than

(i)

a connected person or any of its employees or officers; or

(ii)

a closed user group;

(b)

is connected to a public network; or

(c)

provides customers with the capability to use the service for originating specified services to or terminating such services from the public switched telephone network.

(6)

For the purposes of this Act, the marketing and sale of international

imprisonment.

(6) In this section "confidential information" means any information classified as such and

includes information that a reasonable person would regard as confidential having regard to the

nature of the information.

Numbering. 8. - (1)The Office shall assign numbers for telecommunications services to carriers and service

providers on a non-discriminatory basis.

(2) In carrying out its functions under this section the Office shall develop a plan for the

numbering of telecommunications services and may make rules pursuant to that plan regarding the

assignment and use of numbers by carriers and service providers.

(3) For the purposes of subsection (2) the Office shall

(a) take account of relevant international regulations;

(b) ensure that sufficient numbers are available for the current and reasonably anticipated

future needs of carriers and service providers;

(c) have regard to the role that numbers can play in conveying useful information to

customers, including information about the type of service being used;

(d) promote efficient use of numbers;

(e) promote fair and open competition;

(f) as far as possible and subject to paragraphs (a) to (e), avoid the imposition of costs on

customers as a result of changes in the numbering system; and

(g) to such extent as may be reasonable and subject to paragraphs (a) to (f), preserve the

numbering system maintained by the existing telecommunications carrier and the

numbering allocations existing immediately before the appointed day.

PART III. Licensing of Telecommunications Services

Licence required 9. - (1) A person shall not

for provision of (a) own or operate a facility in Jamaica unless that person is the holder of a

specified service. carrier licence granted under section 13;

(b) provide specified services to the public by means of that facility unless the person is also

the holder of a service provider licence granted under section 13;

services to the public within Jamaica constitute the provision of a specified service to the public.

(7) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction in a Resident Magistrate’s Court to a fine not exceeding three million dollars or to imprisonment for a term not exceeding four years or to both such fine and imprisonment.

Ministerial 10. -(1) The Minister shall by a direction in writing to the Office, require the directions to Office to invite applications for the grant of carrier or service provider licences Office re or both and such direction shall specify licences, etc. (a) the number of licences to be issued;

(b)

the facilities or specified services, as the case may be, in relation to which the licences will be granted.

(2)

Upon receipt of a direction under subsection (1), the Office shall

(a)

publish a notice in a daily newspaper circulating in the Island, containing information as to -

(i)

the service area to be covered by the licence;

(ii)

the technical limits of the licence;

(iii) the technical, legal and financial requirements to be met by applicants;

(iv)

the number of licences to be issued;

(v)

the type of conditions to be included in a licence; and

(vi)

such other information as the Office considers relevant;

(b)

determine the period within which applications shall be submitted, not being less than sixty days in cases where a limited number of licences are to be issued;

(c)

publish at the end of that period and in the manner specified in paragraph (a), a notice of each application submitted;

(d)

afford members of the public a reasonable opportunity to comment on any matter regarding such applications within such period as the Office may determine, being not less than thirty days after the publication of the notice pursuant to paragraph (c).

(3)

Where any comments made pursuant to subsection (2)(d) include a proposal for refusal

of an application , such comments shall contain a statement of the reasons for that proposal. Application. 11. - (1) An application for a licence under this Act shall be made to the Office for licence. in the prescribed form and shall be accompanied by the prescribed application fee and contain a

statement that

(a)

the applicant undertakes to comply with the provisions of this Act relating to the type of facility or specified service to which the application relates, including

(i)

interconnection obligations;

(ii)

universal service obligations;

(iii) licence limitations; and (iv) network expansion requirements;

(b)

the applicant is not disqualified from being granted a licence by reason of any legal impediment;

(c)

the applicant possesses the technical qualifications to fully perform the obligations imposed by the licence; and

(d)

the applicant satisfies the financial requirements for the construction and operation of the facility or the provision of the services to which the application relates.

(2)

In deciding whether to recommend to the Minister that an applicant be granted a licence, the Office shall

(a)

determine whether the applicant is a fit and proper person to be granted a licence, is an undischarged bankrupt or has previously been granted a licence which was revoked;

(b)

determine whether any connected person has previously been granted a licence which was revoked;

(c)

have regard to such other matters as the Office considers relevant.

(3)

The Office may, where it considers necessary or desirable for the purposes of subsection (2), by notice in writing, require an applicant to furnish such information as is specified in that notice.

(4) After taking action in accordance with subsection (2) in respect of an application, the Office shall make recommendations thereon to the Minister.

(5)

The Office shall recommend the refusal of a licence to an applicant if the Office is satisfied that

(a)

the applicant has failed to comply with the requirements of section 11(1); or

(b)

the application is otherwise contrary to this Act or any directions issued to the Office by the Minister pursuant to section 10.

(6)

For the purposes of this Act, the following persons shall be treated as being connected with a given person (“L") and the person with them, and shall be so treated notwithstanding that at the relevant time any of the persons in question (not being individuals) had not yet come into existence or had ceased to exist

(a)

a holding company or subsidiary of L;

(b)

any company of which L has control;

(c)

any company of which L and persons connected with L together have control;

(d)

any company which together with L constitute a group. Application 12. The Minister shall determine the amount of the application fee which shall fees. be such as is necessary to recover the costs of processing the application. Grant of 13. - (1) Upon receipt of a recommendation from the Office pursuant to section licence. 11(4), the Minister may, subject to subsections (2) and (3)

(a)

in the case of an application for a carrier licence, grant that licence authorizing the licensee to own and operate the facilities specified in the application;

(b)

in the case of an application for a service provider licence, grant that licence authorizing the licensee to provide the services specified in the application;

(c)

in the case of a dealer licence, grant the licence authorizing the licensee to sell, trade in or import any prescribed equipment;

(d)

refer the recommendation back to the Office for further consideration; or

(e)

refuse to grant the licence and the Minister shall as soon as practicable give written reasons for such refusal.

(2)

The Minister shall not grant a licence to an applicant unless

(a)

the Minister has consulted the Office with regard to its recommendation in relation to the application; and

(b)

the Minister is satisfied that the applicant satisfies the requirements specified in section 11(1)(a) to (d).

(3)

A licence granted under this section shall be in the prescribed form and, subject to subsection (5), shall be subject to the following conditions

(a)

the licensee shall not operate a facility, provide specified services or use any frequencies designated in the licence beyond the period of the licence or in any manner other than that authorized by the licence;

(b)

the licence or any right granted thereby shall not be assigned or otherwise transferred except in accordance with this Part;

(c)

such other condition as may be considered necessary to ensure that the licensee complies with the requirements specified in section 11 (1)(a) to (d);

(d)

subject to subsection (4), such other condition as the Minister deems reasonably necessary to achieve the objects of this Act.

(4)

Where a licence contains a condition such as is referred to in subsection (3)(d), the Minister shall inform the applicant in writing of the reasons for that condition.

(5)

A licence granted under this Act may, on the expiry thereof, be renewed in accordance with section 15.

(6)

A licence granted under this Act shall, unless sooner revoked, be valid

(a)

in the case of a carrier licence, for such period as is specified therein;

(b)

in any other case, for such period, not exceeding fifteen years, as may be so specified. Suspension or 14. - (1) Where the Office has reason to believe that a licensee has contravened revocation of the conditions of the licence or, as the case may be, has failed to pay any amount licence. required under section 16, the Office shall give to that licensee notice in writing

(a)

specifying particulars of such contravention; and

(b)

requiring the licensee to justify its actions to the Office or otherwise to take such remedial action as may be specified in the notice.

(2)

Where the Office gives any notice under subsection (1), the Office shall send a copy thereof to the Minister for his information.

(3)

Where a licensee fails to justify its actions to the satisfaction of the Office or fails or refuses to take any remedial action specified in the notice issued under subsection (1), the Office shall notify the Minister in writing of the fact of such failure or refusal.

(4)

Where a licensee fails to comply with any requirements of a notice under subsection (1), the Office may

(a)

on the first occasion of such failure, recommend to the Minister that the licence be suspended for a period not exceeding three months; or

(b)

if the failure occurs on any second or subsequent occasion, recommend to the Minister that the licence be suspended for such period as the Office considers appropriate or be revoked.

(5)

Before suspending or revoking a licence, the Minister shall direct the Office to notify the licensee accordingly and shall afford the licensee an opportunity to show cause why the licence should not be suspended or revoked.

(6)

Subject to subsection (7), the Office may recommend to the Minister that a licence be suspended or revoked, as the case may be, if, on its own initiative or on representations made by any other person, the Office is satisfied that the licensee has

(a)

knowingly made any false statement in an application for a licence or in any statement made to the Office;

(b)

knowingly failed to provide information or evidence that would have resulted in a refusal to grant a licence;

(c)

wilfully failed to comply with the terms of its licence;

(d)

wilfully contravened any provision of this Act or any rules or regulations made

hereunder;

(e) violated or failed to comply with a cease and desist order issued under section 63;

(f) provided services not authorized by its licence;

(g) operated a facility without a carrier licence;

(h) failed to make payments in a timely manner in connection with the universal service

obligation levy or in respect of the regulatory fee imposed pursuant to section 16.

(7) Before taking action under subsection (1), the Office shall carry out such

investigations as may be necessary and afford the licensee concerned an opportunity to be heard.

(8) For the purpose of this section, the Office may

(a) summon and examine witnesses;

(b) call for and examine documents;

(c) require that any document submitted be verified by affidavit;

(d) adjourn any investigation from time to time.

(9) If a person fails or refuses without reasonable cause, to furnish informa-tion to the

Office when required to do so, the Office may apply to the Court for an order to compel the person

to furnish the information to the Office.

Renewal of 15. The Minister shall, upon application by a licensee, renew a licence (herein

licence. after in this section referred to as the "original licence") for a period equivalent to the period for

which the original licence was granted, if the Minister is satisfied

that

(a) the applicant has operated within the terms of the original licence; and

(b) during the continuance in force of the original licence, the applicant has not

engaged in any conduct amounting to a material contravention of this

Act or any regulations made hereunder.

Regulatory 16. - (1) The Office may impose an annual regulatory fee in accordance with this

fees. section in relation to all carrier licences and service provider licences issued under this Act.

(2) The amount of the regulatory fees shall be such sum as, in the opinion of the Office, is

a reasonable estimate of the costs which will be incurred by the Office in relation to the regulation of

the specified services to which the licences relate (hereinafter in this section referred to as "regulation costs").

(3)

In determining the amount of the regulatory fee payable by a licensee, the Office shall apportion regulation costs reasonably and equitably among licensees.

(4)

Where a licensee fails to pay the amount of the regulatory fee within the time required by the Office for such payment, the licensee shall be liable to such amount by way of a surcharge as the Office may determine, not exceeding twenty-five per cent of the amount unpaid.

Assignment of 17. - (1) In this Act licences and "control" in relation to a licensee, means the power of a person to determine transfer of and implement the licensee’s policies and the day to day operations of the control of policies and the day to day operations of the licensed facilities or services; licensees. "pro forma transaction" means

(a)

an assignment from one or more individuals to a body corporate owned or controlled by the same individual or individuals without any change in their relative interests;

(b)

an assignment from a body corporate to its shareholders without effecting any change in the disposition of their interests;

(c)

a reorganization of a body corporate that involves no change in the beneficial ownership thereof;

(d)

an assignment or transfer

(i)

from a body corporate to its wholly owned subsidiary orvice versa;

(ii)

between wholly owned subsidiaries of the same holding company;

(e)an assignment from a body corporate to another body corporate owned or controlled by the assignor’s shareholders without a substantial change in their relative interests.

(2)

A licensee may, with the prior approval of the Minister assign its licence or any rights thereunder or transfer control of its operations.

(3)

An application for approval of an assignment or transfer under this section shall be made in writing to the Minister who shall grant such approval if he is satisfied that the assignee satisfies the requirements of section 11(1) (a) to (d) as regards the obligations imposed on a licensee by this Act or the licence.

(4)

Subsection (3) shall not apply to a pro forma transaction and the follow-ing provisions of this subsection shall apply in relation thereto

(a) within forty-five days after the completion of the transaction the licensee shall

(i)

submit to the Office, proof of the completion of the transaction either in the form of an application that is appropriate for the class of licence to which it relates or such other written correspondence as the Office may authorize, containing all of the information included in the application;

(ii)

certify that the transaction is a pro forma transaction;

(b) the Office shall publish notice of the assignment or transfer in the Gazette. Customer 18. - (1) Any person may provide customer equipment other than prescribed equipment. equipment to the public.

(2)Customer equipment referred to in subsection (1) includes used –

(a)

by the customer to receive mobile services; and

(b)

to connect more than one telephone station to the public network station to the public network.

(3)

Where a person provides customer equipment referred to in subsection (2)

(a)

that person shall include a provision in the appropriate tariff or contract that reserves a right of the underlying international carrier to have access to, inspect that equipment; and

(b)

that carrier shall take action under paragraph (a) in the prescribed manner.

(4)

Where a customer denies access to the carrier that is required for the pur-poses of

subsection (3) (a), the carrier may, with the prior approval of the Office, disconnect the service

provided to that customer or may discontinue the provision of that service.

Register and 19. - (1) The Office shall cause to be kept a register of all applications for

inspection of carrier, dealer and service provider licences received by it and all such licences

licences. granted pursuant to this Act and such register may be kept in electronic form.

(2) Subject to section 7 (Obligation for secrecy) the Office

(a) shall make available for public inspection during its business hours, all applications for

licences and supporting documents and all licences granted pursuant to this Act;

(b) may permit any person to make copies of any entry in the register and may charge such

fees as it considers reasonable for such copies.

PART IV. Spectrum Management

Regulation of 20. - (1) The Minister shall take such steps as he considers necessary or desirable

use of to regulate the use, for any purpose, of the spectrum within Jamaica or between

spectrum. Jamaica and elsewhere.

(2) For the purposes of this section, the Minister shall

(a) allocate the spectrum for facilities and specified services within Jamaica;

(b) determine methods for assignment of the spectrum;

(c) issue licences authorizing the use of specified portions of the spectrum;

(d) institute procedures for ensuring the compliance by licensees with any obligations

regarding the use and operation of the spectrum, imposed by or under the licence, any

provisions of this Act or any regulations made hereunder.

(3) The Minister may make regulations with respect to the implementation of the policy

with regard to management of the spectrum.

(4) The Minister may, subject to subsection (5), delegate any of his functions under this

Part (other than the power of delegation) to the Spectrum Management Authority established under

section 21.

(5) In the absence of a delegation under subsection (4), the Minister shall, in carrying out

The Telecommunications Act, 2000

his functions under this Part, seek the recommendation of the Spectrum Management Authority.

(6) In this Act “spectrum" means the continuous range of electromagnetic wave

frequencies up to and including a frequency of 420 terahertz.

Spectrum 21. (1) For the purposes of this Part, the Minister shall establish a Spectrum

Management Management Authority (hereinafter referred to as "the Authority").

Authority. (2) Subject to subsection (3), the functions of the Authority shall be to advise the Minister

on any matter referred to it by the Minister and to perform any function delegated to it pursuant to

section 20(4).

(3) In performing its functions under this Act, the Authority shall

(a) have regard to the objects, provisions and purposes of this Act and the provisions of the

Radio and Telegraph Control Act; and

(b) consult with and co-operate with the Office in relation to any matter which falls within

the functions of the Office pursuant to this Act.

Allocation of 22. (1) The Minister may, on the recommendation of the Authority, cause to be

spectrum. prepared a national plan for the allocation of the spectrum and that plan shall

(a) contain particulars of the allocation of frequency bands; and

(b) conform to the International Telecommunication Union Table of Frequency Allocations,

including such allocation for facilities and specified services.

(2) In subsection (1)(a) “frequency" means a continuous frequency range of spectrum.

Licence for use 23. - (1) The Minister may, on the recommendation of the Authority and subject

of spectrum. to subsection (4), grant a licence (hereinafter referred to as a "spectrum licence") authorizing the use

of such portion of the spectrum as may be specified therein.

(2) For the purposes of this section, the Minister may, in writing, direct the Authority to

(a) invite applications for spectrum licences;

(b) review such applications and make recommendations to the Minister con-cerning

assignment of the spectrum in accordance with the provisions of the national plan

referred to in section 22 (1).

(3)

A person may, in the same application, apply for a carrier licence, a service provider licence and a spectrum licence and in such a case, a copy of the application shall be sent to the Minister and the Office.

(4)

The Minister may grant a spectrum licence in connection with the pro-vision of a facility or specified service only to an applicant who is the holder of a carrier licence or service provider licence or, as the case may be, is eligible for the grant of a carrier licence or service provider licence.

(5)

In making recommendations to the Minister under subsection (2)(b), the Authority shall have regard to the prescribed standards.

(6)

The Minister may make regulations prescribing methods for assignment of the spectrum and the standards required as to the technical, financial and legal requirements of applicants.

(7)

A person to whom a spectrum licence is granted under this section shall, pay such fees as the Minister may determine by notice in writing to that person.

Saving re 24. Section 23 (1) to (6) shall not apply to any person (hereinafter in this Part

existing users. referred to as an "existing user") to whom any rights relating to the use of the spectrum were granted before the appointed day in connection with a licence granted under the Radio and Telegraph Control Act or any other enactment.

Use of 25. Every person who is the holder of a spectrum licence shall comply with the

spectrum. terms and conditions of that licence and the directions of the Authority in relation to the use of the spectrum.

Spectrum 26. - (1) The Minister may impose an annual spectrum regulatory fee in accordance regulatory with this section in relation to each spectrum licence issued under this Part.

fee. (2) The spectrum regulatory fee shall be such amount as the Minister considers necessary in order to cover the reasonable operating costs incurred by the Authority in relation to spectrum

licences.

(3) The amount of the spectrum regulatory fee shall be calculated on the same basis in relation to each holder of a carrier licence and a service provider licence.

PART V. Interconnection

Interpretation. 27. In this Part "dominant public voice carrier" means a public voice carrier that holds a dominant position in the telecommunications market in Jamaica within the meaning of section 19 of the Fair Competition Act; "interconnection provider" means a public voice carrier who has received a request from another public voice carrier for interconnection; "interconnection seeker" means a public voice carrier who makes a request to another public voice carrier for interconnection; "point of interconnection" means the physical location for hand-over of voice telecommunications services between the interconnection provider and the interconnection seeker; "public voice carrier" means a carrier who owns and operates a public voice network used to provide a voice service to the public; "reference interconnection offer" means an offer document setting out matters relating to the price and terms and conditions under which a public voice carrier will permit interconnection to its public voice network.

Determination 28. - (1) Subject to subsection (2), the Office shall determine which public voice of dominance. carriers are to be classified as dominant public voice carriers for the purposes of this Act.

(2)

Before making a determination under subsection (1), the Office shall

(a)

invite submissions from members of the public on the matter; and

(b)

consult with the Fair Trading Commission and take account of any recommendations made by that Commission.

(3)

A dominant public voice carrier may at any time apply to the Office to be classified as

non dominant and the Office shall not make a determination in respect of that application unless it

has invited submissions from members of the public on the matter and has taken account of any

such submissions.

Obligation to 29. - (1) Each carrier shall, upon request in accordance with this Part, permit

grant inter- interconnection of its public voice network with the public voice network of any other

connection. carrier for the provision of voice services.

(2) A public voice carrier shall provide interconnection in accordance with the following

principles

(a) any-to-any connectivity shall be granted in such manner as to enable customers of each

public voice network to complete calls to customers of another public voice network or

to obtain services from such other network;

(b) end-to-end operability shall be maintained in order to facilitate the pro-vision of services

by an interconnecting carrier to the customer

notwithstanding that the customer is directly connected to a different network;

(c) interconnecting carriers shall be equally responsible for establishing

interconnection and so as quickly as is reasonably practicable.

(3)Copies of all interconnection agreements shall be lodged with the

Office which may object to any such agreement is the prescribed manner.

(4) The Office may, either on its own initiative in assessing an interconnection agreement,

or in resolving a dispute between operators, make a determination of the terms and conditions of

call termination, including charges.

(5) When making a determination of an operator’s call termination charges, the Office

shall have regard to the principle of cost orientation, so, however, that if the operator is non-

dominant then the Office may also consider reciprocity and other approaches.

(6) For the purposes of subsection (5), “reciprocity" means basing the non-dominant

carrier’s call termination charges on the call termination charges of another carrier.

Interconnection 30. - (1) Without prejudice to section 29, a dominant public voice carrier shall

by dominant provide interconnection in relation to a public voice network in accordance with the

carrier. following principles

(a)

the terms and conditions under which it is provided shall be

(i)

on a non-discriminatory basis;

(ii)

reasonable and transparent , including such terms and conditions as relate to technical specifications and the number and location of points of interconnection; and

(iii) charges shall be cost oriented and guided by on the principles specified in section 33;

(b)

no unfair arrangements for cross subsidies shall be made;

(c)

where technically and economically reasonable interconnection services shall be so diversified as to render it unnecessary for an interconnection seeker to pay unreasonably for network components or facilities that it does not require;

(2) Each dominant public voice carrier shall keep separate accounts in such form and containing such particulars as will enable the Office to assess whether that carrier provides interconnection services in accordance with the principles specified in subsection (1).

Determination 31. Each term and condition in relation to the provision of interconnection services of term or provided to each carrier shall be determined condition. (a) in accordance with the relevant reference interconnection offer or any part thereof

which is in effect in relation to the provision of those services;

(b)

where paragraph (a) does not apply, by agreement between the inter-connection seeker and the interconnection provider; and

(c)

where neither paragraph (a) nor (b) applies, by the Office acting as arbitrator pursuant

to the arbitration rules referred to in section 34(2). Filing of offer 32. - (1) Every dominant carrier shall, and any other carrier may, lodge with the by dominant Office a proposed reference interconnection offer setting out the terms and condiand other tions upon which other carriers may interconnect with the public voice network of that carriers. dominant or other carrier, for the provision of voice services.

(2) Each dominant public voice carrier who is required under this Part to provide

interconnection in relation to voice services shall submit a reference inter-connection offer to the

Office

(a) within ninety days after the date of determination of dominance pursuant to section 28;

or

(b) at least ninety days before the date of expiry of an existing reference inter-connection

offer,

and the existing telecommunications carrier shall submit its initial reference inter-connection offer

within thirty days after the appointed day.

(3) A reference interconnection offer shall contain such particulars as may be prescribed.

(4) A reference interconnection offer or any part thereof shall take effect

upon approval by the Office in the prescribed manner.

Principles to 33. -(1) Where the Office is required to determine the prices at which inter-

guide deter- connection is to be provided by a dominant carrier, it shall, in making that

mination of determination, be guided by the following principles

prices. (a) costs shall be borne by the carrier whose activities cause those costs to be incurred;

(b) non-recurring costs shall be recovered through non recurring charges and recurring

costs shall be recovered through recurring charges;

(c) costs that do not vary with usage shall be recovered through flat charges and costs that

vary with usage shall be recovered through charges that are based on usage;

(d) costs shall include attributable operating expenditure and depreciation and an amount

estimated to achieve a reasonable rate of return;

(e) prices for interconnection shall be established between the total long run incremental

cost of providing the service and the stand alone cost of providing the service, so,

however, that the prices shall be so calculated as to avoid placing a disproportionate

burden of recovery of common costs on interconnection services;

(f) where appropriate, interconnection costs shall include provision for a

supplementary charge, being a contribution towards the access deficit of the

interconnection provider.

(2) Where the Office has been unable to obtain cost information that it is

reasonably satisfied is relevant and reliable, it may take into account comparable

international benchmarks.

(3) In subsection (1) (f) "access deficit" means the amount by which an carrier’s

revenue from connection and line rental charges falls short of the cost of providing access lines due

to regulatory constraints on those charges.

Pre-contract 34. -(1) Where, during negotiations for the provision of interconnection there

disputes. is any dispute between the interconnection provider and the interconnection seeker (hereinafter in

this section referred to as a pre-contract dispute) as to the terms and conditions of such provision,

either of them may refer the dispute to the Office for resolution.

(2) The Office shall make rules applicable to the arbitration of such disputes.

(3) A decision of the Office in relation to any pre-contract dispute shall be consistent

with

(a) any agreement reached between the parties as to matters that are not in dispute;

(b) the terms and conditions set out in a reference interconnection offer or any part thereof

that is in effect with respect to the interconnection provider;

(c) the principles specified in sections 29(2) and 30(1).

(4) Where neither party to the dispute is a dominant public voice carrier, the Office

may decline to act as an arbitrator in relation to the dispute.

Competitive 35. -(1) The Office may, after consultation with the Fair Trading Commission and

safeguards. such participants in the telecommunications industry as it things fit and subject to

subsection (3), make rules subject to affirmative resolution (hereinafter referred to as "competitive

safeguard rules") prescribing the following matters in relation to dominant public voice carriers -

(a) separation of accounts;

(b) keeping of records;

(c) provisions to ensure that information supplied by other carriers for the pur-pose of

facilitating interconnection is not used for any uncompetitive purpose;

(d) such other provisions as the Office considers reasonable and necessary for the purposes of the competitive safeguard rules.

(2)The Office may in consultation with the Fair Trading Commission, develop guidelines as to

(a)

the types of uncompetitive practices to which the competitive safeguard rules apply; and

(b)

the procedure for determining whether to impose a competitive safeguard in relation to that practice.

(3)

The Office shall make competitive safeguard rules only if it is satisfied that

(a)

such rules are necessary for the identification or prevention of abuse of a dominant position by a dominant public voice carrier or any other un-competitive practice by that carrier; and

(b)

no other means are available to the Office for the provision of an adequate remedy in relation to such abuse or practice.

Indirect access. 36. - (1) The Office may, make rules subject to affirmative resolution imposing on a dominant public voice carrier, the responsibility to offer a particular form of indirect access to its network to other interconnection providers, if the Office is satisfied on reasonable grounds that such rules are necessary in the interests of customers and that

(a)

the benefits likely to arise from the requirement to provide a particular form of indirect access outweigh the likely cost of implementing it; and

(b)

the requirement to provide the particular form of indirect access will not impose an unfair burden on any carrier or service provider.

(2) In subsection (1) "indirect access" means the method whereby customers are able to select the services of any service provider who uses a public voice carrier’s network to provide specified services.

Number 37. -(1) Subject to this Act, the Office may make rules subject affirmative portability. resolution imposing on any public voice carrier, the responsibility to offer number portability if the

The Telecommunications Act, 2000

Office is satisfied on reasonable grounds that

(a) the benefits likely to arise from the requirement to provide a particular from of number

portability outweigh the likely costs of implementing it; and

(b) the requirement will not impose an unfair burden on any carrier or service provider.

(2) In this section "number portability" means the ability of customers to change service

providers without having to change their telephone numbers.

PART VI. Universal Service

Principles 38. Universal service shall be provided to customers in accordance with

governing the following principles

provision of (a) connection to the public voice network shall be reasonably provided to all

universal customers upon request, to the extent that such connection is technically

service. feasible and economically reasonable;

(b) any obligations imposed by this Act with regard to the provision of

universal service shall be fulfilled as efficiently, economically and

practically as possible;

(c) a licensee

Telecommunications Act

PART I. Preliminary

PART II. Administration

PART III. Licensing of Telecommunication Services

PART IV. Spectrum Management

PART V. Interconnection

PART VI. Universal Service

PART VII. Consumer Protection

PART VIII. International Services

PART IX. Powers and Immunities of Carriers and Service Providers

PART XI. Telecommunications Advisory Council

PART XII. Review of Administrative Decisions

PART XIII. Enforcement

PART XIV. Offences

PART XV. General

PART XVI. Amendments to other Acts

PART XVII. Repeal and Transitional

SCHEDULES

JAMAICA

PART I. Preliminary

PART V. Interconnection

within the provisions of section 52,
and includes services referred to as voice over the internet and voice over
IP;
(2) Any reference to a network or service in this Act, other than Part V, includes any part
of that network or service.
Objects of	3. The objects of this Act are
Act.	(a) to promote and protect the interest of the public by
	(i) promoting fair and open competition in the provision of specified services and
	telecommunications equipment;
	(ii) promoting access to specified services;
	(iii) ensuring that services are provided to persons able to meet the financial and
	technical obligations in relation to those services;
	(iv) providing for the protection of customers;
	(v) promoting the interests of customers, purchasers and other users (including, in
	particular, persons who are disabled or the elderly age) in respect of the quality
	and variety of telecommunications services and equipment supplied;
	(b) to promote universal access to telecommunications services for all persons in Jamaica, to
	the extent that it is reasonably practicable to provide such access;
	(c) to facilitate the achievement of the objects referred to in paragraphs (a) and (b) in a
	manner consistent with Jamaica’s international commitments in relation to the liberalization
	of telecommunications; and
	(d) to promote the telecommunications industry in Jamaica by encouraging economically
	efficient investment in, and use of, infrastructure to provide specified services in Jamaica.
	PART II. Administration
Functions of	4. - (1)The Office shall regulate telecommunications in accordance with this Act
Office.	and for that purpose the Office shall
	(a) regulate specified services and facilities;

imprisonment.
(6) In this section "confidential information" means any information classified as such and
includes information that a reasonable person would regard as confidential having regard to the
nature of the information.
Numbering.	8. - (1)The Office shall assign numbers for telecommunications services to carriers and service
	providers on a non-discriminatory basis.
	(2) In carrying out its functions under this section the Office shall develop a plan for the
	numbering of telecommunications services and may make rules pursuant to that plan regarding the
	assignment and use of numbers by carriers and service providers.
	(3) For the purposes of subsection (2) the Office shall
	(a) take account of relevant international regulations;
	(b) ensure that sufficient numbers are available for the current and reasonably anticipated
	future needs of carriers and service providers;
	(c) have regard to the role that numbers can play in conveying useful information to
	customers, including information about the type of service being used;
	(d) promote efficient use of numbers;
	(e) promote fair and open competition;
	(f) as far as possible and subject to paragraphs (a) to (e), avoid the imposition of costs on
	customers as a result of changes in the numbering system; and
	(g) to such extent as may be reasonable and subject to paragraphs (a) to (f), preserve the
	numbering system maintained by the existing telecommunications carrier and the
	numbering allocations existing immediately before the appointed day.
	PART III. Licensing of Telecommunications Services
Licence required	9. - (1) A person shall not
for provision of	(a) own or operate a facility in Jamaica unless that person is the holder of a
specified service.	carrier licence granted under section 13;
	(b) provide specified services to the public by means of that facility unless the person is also
	the holder of a service provider licence granted under section 13;

hereunder;
(e) violated or failed to comply with a cease and desist order issued under section 63;
(f) provided services not authorized by its licence;
(g) operated a facility without a carrier licence;
(h) failed to make payments in a timely manner in connection with the universal service
obligation levy or in respect of the regulatory fee imposed pursuant to section 16.
(7) Before taking action under subsection (1), the Office shall carry out such
investigations as may be necessary and afford the licensee concerned an opportunity to be heard.
(8) For the purpose of this section, the Office may
(a) summon and examine witnesses;
(b) call for and examine documents;
(c) require that any document submitted be verified by affidavit;
(d) adjourn any investigation from time to time.
(9) If a person fails or refuses without reasonable cause, to furnish informa-tion to the
Office when required to do so, the Office may apply to the Court for an order to compel the person
to furnish the information to the Office.
Renewal of	15. The Minister shall, upon application by a licensee, renew a licence (herein
licence.	after in this section referred to as the "original licence") for a period equivalent to the period for
	which the original licence was granted, if the Minister is satisfied
	that
	(a) the applicant has operated within the terms of the original licence; and
	(b) during the continuance in force of the original licence, the applicant has not
	engaged in any conduct amounting to a material contravention of this
	Act or any regulations made hereunder.
Regulatory	16. - (1) The Office may impose an annual regulatory fee in accordance with this
fees.	section in relation to all carrier licences and service provider licences issued under this Act.
	(2) The amount of the regulatory fees shall be such sum as, in the opinion of the Office, is
	a reasonable estimate of the costs which will be incurred by the Office in relation to the regulation of

subsection (3) (a), the carrier may, with the prior approval of the Office, disconnect the service
provided to that customer or may discontinue the provision of that service.
Register and	19. - (1) The Office shall cause to be kept a register of all applications for
inspection of	carrier, dealer and service provider licences received by it and all such licences
licences.	granted pursuant to this Act and such register may be kept in electronic form.
	(2) Subject to section 7 (Obligation for secrecy) the Office
	(a) shall make available for public inspection during its business hours, all applications for
	licences and supporting documents and all licences granted pursuant to this Act;
	(b) may permit any person to make copies of any entry in the register and may charge such
	fees as it considers reasonable for such copies.
	PART IV. Spectrum Management
Regulation of	20. - (1) The Minister shall take such steps as he considers necessary or desirable
use of	to regulate the use, for any purpose, of the spectrum within Jamaica or between
spectrum.	Jamaica and elsewhere.
	(2) For the purposes of this section, the Minister shall
	(a) allocate the spectrum for facilities and specified services within Jamaica;
	(b) determine methods for assignment of the spectrum;
	(c) issue licences authorizing the use of specified portions of the spectrum;
	(d) institute procedures for ensuring the compliance by licensees with any obligations
	regarding the use and operation of the spectrum, imposed by or under the licence, any
	provisions of this Act or any regulations made hereunder.
	(3) The Minister may make regulations with respect to the implementation of the policy
	with regard to management of the spectrum.
	(4) The Minister may, subject to subsection (5), delegate any of his functions under this
	Part (other than the power of delegation) to the Spectrum Management Authority established under
	section 21.
	(5) In the absence of a delegation under subsection (4), the Minister shall, in carrying out

The Telecommunications Act, 2000
his functions under this Part, seek the recommendation of the Spectrum Management Authority.
(6) In this Act “spectrum" means the continuous range of electromagnetic wave
frequencies up to and including a frequency of 420 terahertz.
Spectrum	21. (1) For the purposes of this Part, the Minister shall establish a Spectrum
Management	Management Authority (hereinafter referred to as "the Authority").
Authority.	(2) Subject to subsection (3), the functions of the Authority shall be to advise the Minister
	on any matter referred to it by the Minister and to perform any function delegated to it pursuant to
	section 20(4).
	(3) In performing its functions under this Act, the Authority shall
	(a) have regard to the objects, provisions and purposes of this Act and the provisions of the
	Radio and Telegraph Control Act; and
	(b) consult with and co-operate with the Office in relation to any matter which falls within
	the functions of the Office pursuant to this Act.
Allocation of	22. (1) The Minister may, on the recommendation of the Authority, cause to be
spectrum.	prepared a national plan for the allocation of the spectrum and that plan shall
	(a) contain particulars of the allocation of frequency bands; and
	(b) conform to the International Telecommunication Union Table of Frequency Allocations,
	including such allocation for facilities and specified services.
	(2) In subsection (1)(a) “frequency" means a continuous frequency range of spectrum.
Licence for use	23. - (1) The Minister may, on the recommendation of the Authority and subject
of spectrum.	to subsection (4), grant a licence (hereinafter referred to as a "spectrum licence") authorizing the use
	of such portion of the spectrum as may be specified therein.
	(2) For the purposes of this section, the Minister may, in writing, direct the Authority to
	(a) invite applications for spectrum licences;
	(b) review such applications and make recommendations to the Minister con-cerning
	assignment of the spectrum in accordance with the provisions of the national plan
	referred to in section 22 (1).

non dominant and the Office shall not make a determination in respect of that application unless it
has invited submissions from members of the public on the matter and has taken account of any
such submissions.
Obligation to	29. - (1) Each carrier shall, upon request in accordance with this Part, permit
grant inter-	interconnection of its public voice network with the public voice network of any other
connection.	carrier for the provision of voice services.
	(2) A public voice carrier shall provide interconnection in accordance with the following
	principles
	(a) any-to-any connectivity shall be granted in such manner as to enable customers of each
	public voice network to complete calls to customers of another public voice network or
	to obtain services from such other network;
	(b) end-to-end operability shall be maintained in order to facilitate the pro-vision of services
	by an interconnecting carrier to the customer
	notwithstanding that the customer is directly connected to a different network;
	(c) interconnecting carriers shall be equally responsible for establishing
	interconnection and so as quickly as is reasonably practicable.
	(3)Copies of all interconnection agreements shall be lodged with the
	Office which may object to any such agreement is the prescribed manner.
	(4) The Office may, either on its own initiative in assessing an interconnection agreement,
	or in resolving a dispute between operators, make a determination of the terms and conditions of
	call termination, including charges.
	(5) When making a determination of an operator’s call termination charges, the Office
	shall have regard to the principle of cost orientation, so, however, that if the operator is non-
	dominant then the Office may also consider reciprocity and other approaches.
	(6) For the purposes of subsection (5), “reciprocity" means basing the non-dominant
	carrier’s call termination charges on the call termination charges of another carrier.
Interconnection	30. - (1) Without prejudice to section 29, a dominant public voice carrier shall
by dominant	provide interconnection in relation to a public voice network in accordance with the

interconnection in relation to voice services shall submit a reference inter-connection offer to the
Office
(a) within ninety days after the date of determination of dominance pursuant to section 28;
or
(b) at least ninety days before the date of expiry of an existing reference inter-connection
offer,
and the existing telecommunications carrier shall submit its initial reference inter-connection offer
within thirty days after the appointed day.
(3) A reference interconnection offer shall contain such particulars as may be prescribed.
(4) A reference interconnection offer or any part thereof shall take effect
upon approval by the Office in the prescribed manner.
Principles to	33. -(1) Where the Office is required to determine the prices at which inter-
guide deter-	connection is to be provided by a dominant carrier, it shall, in making that
mination of	determination, be guided by the following principles
prices.	(a) costs shall be borne by the carrier whose activities cause those costs to be incurred;
	(b) non-recurring costs shall be recovered through non recurring charges and recurring
	costs shall be recovered through recurring charges;
	(c) costs that do not vary with usage shall be recovered through flat charges and costs that
	vary with usage shall be recovered through charges that are based on usage;
	(d) costs shall include attributable operating expenditure and depreciation and an amount
	estimated to achieve a reasonable rate of return;
	(e) prices for interconnection shall be established between the total long run incremental
	cost of providing the service and the stand alone cost of providing the service, so,
	however, that the prices shall be so calculated as to avoid placing a disproportionate
	burden of recovery of common costs on interconnection services;
	(f) where appropriate, interconnection costs shall include provision for a
	supplementary charge, being a contribution towards the access deficit of the

interconnection provider.
(2) Where the Office has been unable to obtain cost information that it is
reasonably satisfied is relevant and reliable, it may take into account comparable
international benchmarks.
(3) In subsection (1) (f) "access deficit" means the amount by which an carrier’s
revenue from connection and line rental charges falls short of the cost of providing access lines due
to regulatory constraints on those charges.
Pre-contract	34. -(1) Where, during negotiations for the provision of interconnection there
disputes.	is any dispute between the interconnection provider and the interconnection seeker (hereinafter in
	this section referred to as a pre-contract dispute) as to the terms and conditions of such provision,
	either of them may refer the dispute to the Office for resolution.
	(2) The Office shall make rules applicable to the arbitration of such disputes.
	(3) A decision of the Office in relation to any pre-contract dispute shall be consistent
	with
	(a) any agreement reached between the parties as to matters that are not in dispute;
	(b) the terms and conditions set out in a reference interconnection offer or any part thereof
	that is in effect with respect to the interconnection provider;
	(c) the principles specified in sections 29(2) and 30(1).
	(4) Where neither party to the dispute is a dominant public voice carrier, the Office
	may decline to act as an arbitrator in relation to the dispute.
Competitive	35. -(1) The Office may, after consultation with the Fair Trading Commission and
safeguards.	such participants in the telecommunications industry as it things fit and subject to
	subsection (3), make rules subject to affirmative resolution (hereinafter referred to as "competitive
	safeguard rules") prescribing the following matters in relation to dominant public voice carriers -
	(a) separation of accounts;
	(b) keeping of records;
	(c) provisions to ensure that information supplied by other carriers for the pur-pose of

The Telecommunications Act, 2000
Office is satisfied on reasonable grounds that
(a) the benefits likely to arise from the requirement to provide a particular from of number
portability outweigh the likely costs of implementing it; and
(b) the requirement will not impose an unfair burden on any carrier or service provider.
(2) In this section "number portability" means the ability of customers to change service
providers without having to change their telephone numbers.
PART VI. Universal Service
Principles	38. Universal service shall be provided to customers in accordance with
governing	the following principles
provision of	(a) connection to the public voice network shall be reasonably provided to all
universal	customers upon request, to the extent that such connection is technically
service.	feasible and economically reasonable;
	(b) any obligations imposed by this Act with regard to the provision of
	universal service shall be fulfilled as efficiently, economically and
	practically as possible;
	(c) a licensee