CHAPTER
304
TELECOMMUNICATIONS |
ARRANGEMENT OF
SECTIONS |
SECTION |
PART I
PRELIMINARY |
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PART II
REGULATORY AUTHORITIES |
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Functions and powers of the Minister. |
Functions and powers of the Commission. |
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PART III
LICENSING OF TELECOMMUNICATIONS SYSTEMS AND SERVICES |
Licensed systems and services. |
Licensing of systems and services. |
Fees for telecommunications licences. |
Licence registers and directions. |
Modification of licence conditions. |
PART IV
INTERCONNECTION AND NUMBERING |
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|
PART V
TECHNICAL REGULATION |
Technical standards for telecommunications
systems. |
Testing and approval of telecommunications
systems, etc. |
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|
Register of technical standards, approved
apparatus and installers. |
PART VI
PROVISION OF TELECOMMUNICATIONS SERVICES |
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PART VII
BAHAMAS TELECOMMUNICATIONS COMPANY |
Establishment of the company. |
PART VIII
VESTING |
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Vesting of property, rights and liabilities of
the Corporation. |
Exceptions from stamp duty. |
Dissolution of the Corporation. |
PART IX
NATIONAL INTEREST MATTERS |
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PART X
REGULATION OF RADIOCOMMUNICATIONS |
Licensed radio communications. |
Radio communications licences. |
Fees for radio communications licences and auctions. |
Radio communications licence registers. |
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PART XI
INVESTIGATION AND ENFORCEMENT |
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Further offences in relation to Part X of this
Act. |
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Offences by Body Corporate. |
PART XII
MISCELLANEOUS |
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PART XIII
RELATED AMENDMENTS |
Amendments of various Acts. |
SCHEDULES |
FIRST SCHEDULE. |
SECOND SCHEDULE - Repeal of The Bahamas Telecommunications
Corporation Act. |
THIRD SCHEDULE. |
CHAPTER 304 |
TELECOMMUNICATIONS |
An Act to
create a new legal regulatory framework for telecommunications in The Bahamas
to remove monopoly rights of The Bahamas Telecommunications Corporation and to
establish a licensing regime for telecommunications. | 3 of 2000
S.I. 128/2001 |
[Assent 28th
January, 2000]
[Commencement 25th March, 2000] |
PART I
PRELIMINARY |
1. This Act may be cited as the Telecommunications Act,
1999. | Short title. |
2. In this Act- | Interpretation. |
"affiliate"
or "affiliated company" includes, in relation to another company, a
company that directly or indirectly controls, is controlled by, or is under
common control with, such other company; and hence is considered to be a member
of the same group of companies; |
"broadcasting"
means transmissions by radiocommunications of messages or information, or
educational or entertainment material, for general reception by the public or
any section of the public; |
"class
licence" means- |
(a) a licence
to establish, operate and maintain a telecommunications system or to provide a
telecommunications service, or both; or |
(b) a
radiocommunications licence, that is available to all persons who satisfy the
criteria established by the Commission to be a licensee under such a licence; |
"Commission"
means the Public Utilities Commission established under the
Public Utilities Commission Act; |
"Company"
means the company formed in accordance with section 22 to acquire and take over
the principal assets and activities of the Corporation; |
"Corporation"
means The Bahamas Telecommunications Corporation established by The
Bahamas Telecommunications Corporation Act; |
"Court"
means the Supreme Court; |
"customer
premises equipment" means telecommunications equipment and inside wiring
located at a customer's premises and connected to a telecommunications system
at the network termination point; |
"Dominance"
means the ability of a licensee (either alone or together with third parties)
materially to affect the terms of participation in a market (having regard to
price and supply) as a result of- |
(a) control
over essential facilities; or |
(b) use of its
position in that market, |
and a
licensee is "Dominant" if it has Dominance; |
"essential
facilities" means parts of a telecommunications system that- |
(a) are
exclusively or predominantly provided by a single or limited number of persons;
and |
(b) cannot
feasibly be economically or technically substituted in order to provide a
telecommunications service; |
"individual
licence" means- |
(a) a licence
to establish, operate and maintain a telecommunications system and/or to
provide a telecommunications service individually granted to a person under
section 9; or |
(b) a
radiocommunications licence individually granted to a person under section 29; |
"interconnection"
means physical or logical linking of telecommunications systems or
telecommunications services to allow the users of one licensee to communicate
with the users of another licensee or to access services provided by another
licensee; |
"licence"
means an individual licence or a class licence; |
"licensee"
means a person who has been granted an individual licence or registered under a
class licence, or who has satisfied the criteria for being a licensee under a
class licence where registration is not required; |
"message"
means any speech, sound, data, signal, writing, visual image or video or any
combination of them; |
"Minister"
means the Minister charged with the responsibility for telecommunications; |
"network
termination point" means any physical point of connection forming part of
a telecommunications system at which other telecommunications systems or
customer premises equipment may be connected; |
"numbering
plan" means the plan made by the Commission under section 14 which
establishes a format of codes and subscriber numbers for routing
telecommunications services to specific locations in The Bahamas; |
"radiocommunications"
means the emitting or receiving, over paths that are not provided by any
material substance and that are constructed or arranged for that purpose, of
the electro-magnetic energy of a frequency not exceeding three million mega
cycles a second being energy which either- |
(a) serves for
the conveying of messages, sound or visual images (whether or not actually
received), or for the actuation or control of machinery or apparatus; or |
(b) is used in
connection with the determination of position, bearing, or distance, or for the
gaining of information as to the presence, absence, position or motion of any
object or of any objects of any class; |
"radiocommunications
apparatus" means apparatus for emitting or receiving radiocommunications,
including apparatus in a vehicle, vessel, aircraft, hovercraft, buoy, or
beacon; |
"radiocommunications
licence" means an individual licence or class licence available under
section 29; |
"radiocommunications
station" means any premises including a vehicle, vessel, aircraft,
hovercraft, buoy, or beacon, at which radiocommunications is intended to take
place or in which radiocommunications apparatus is located; |
"regulatory
undertaking" means that part or those parts of the Corporation's
undertaking concerned with the granting of licences and with the making of
regulations under this Act; |
"sector
policy" means the strategic aims of the Government for the
telecommunications sector, as published by the Minister from time to time,
which may include the scope of and requirements for universal service, the
basis of licence fees, the efficient use and management of resources and wider
economic or social objectives in The Bahamas; |
"telecommunications
apparatus" means apparatus designed or adapted for use in emitting,
transmitting, switching, conveying or receiving messages over a
telecommunications system; |
"telecommunications
equipment" means telecommunications apparatus and any other apparatus
designed or adapted for use in connection with the provision of a
telecommunications service, including switches, equipment, wires, cables,
apparatus, poles, structures, ducts, man-holes and other tangible property; |
"telecommunications
service" means a service consisting of emitting, transmitting, switching,
conveying or receiving messages within, into or from The Bahamas by means of
any telecommunications system; |
"telecommunications
system" means a system for the emission, transmission, switching,
conveyance or reception of messages through any electric, electro-magnetic,
electro-optical or optic-electronic means; |
"the Treasurer"
means the Treasurer of the Commonwealth of The Bahamas; |
"universal
service" means making certain basic telecommunications services available
at an affordable price to all people throughout The Bahamas; |
"vesting
date" means in relation to property, rights and liabilities specified in
an order made by the Minister under section 24(1), the date specified in that
order as the date on which those property, rights and liabilities shall be
transferred to and vest in the vested entity; |
"vested
entity" in relation to any property, rights and liabilities of the
Corporation means the entity specified in section 24 in which those property,
rights and liabilities are vested. |
3. (1) This Act binds the Crown. | Application of Act. |
(2) Sections
4 to 6 and 9 to 24 and the Second Schedule of the Public Utilities Commission Act,
1993 shall not apply to telecommunications services. |
PART II
REGULATORY AUTHORITIES |
4. The objectives of Parts II, III, IV, V and VI of
this Act are- | Objectives. |
(a) to secure,
so far as practicable, the provision of telecommunications services that
satisfy all reasonable demands within The Bahamas including, in particular,
emergency services, public call services, directory information services,
maritime services, aeronautical services and services providing access to
information services, whether those services are supplied from, within or to
The Bahamas; |
(b) to ensure
that any person by whom telecommunications services are efficiently provided is
able to finance the provision of such services; |
(c) to improve
the quality and coverage of telecommunications services and to facilitate the
availability of new telecommunications services within The Bahamas; |
(d) to protect
the interests of consumers and other users in The Bahamas in respect of the
prices charged for and the quality and variety of, telecommunications services; |
(e) to
introduce, maintain and promote effective and sustainable competition in
telecommunications services in The Bahamas, but subject to any special rights
granted to the Company in accordance with the sector policy; and |
(f) to promote
efficiency and economy on the part of licensees. |
5. (1) The functions of the Minister shall be- | Functions and powers of the Minister. |
(a) to
determine, after consultation with the Commission, the sector policy which
shall be published in the Gazette; |
(b) to
determine after consultation with the Minister responsible for Lands and the
Commission, the circumstances in which and the terms on which qualified
licensees under Part III of the Act may purchase or obtain public land; |
(c) to
determine after consultation with the Minister responsible for Public Works the
circumstances in which and the terms on which qualified licensees may enter
along, under or over any public land; |
(d) to ensure
that The Bahamas is able to comply with its international obligations; and |
(e) to ensure
that public security and the investigation of criminal activities and
enforcement of public policy are safe guarded. |
(2) The
Minister shall have the power- |
(a) to make
regulations after consultation with the Minister responsible for Lands and the
Minister responsible for Public Works on which qualifying licensees under the
Act may purchase or obtain public land or easements over public land or enter
upon and remain on public land; |
(b) to make
regulations in accordance with section 31 concerning fees payable for the use
of the radio frequency spectrum and for the holding of auctions in respect of
the radio spectrum; |
(c) to issue
directions or make regulations in relation to the international obligations of
The Bahamas; |
(d) to issue
directions for national security purposes; |
(e) to issue
directions relating to public security and the investigation of criminal
activities and enforcement of public policy; |
(f) to make
regulations in accordance with section 10 concerning fees payable for the grant
or renewal of telecommunications licences; and |
(g) to make
regulations in accordance with section 14 concerning fees payable for the
allocation of numbers and for the holding of auctions in respect of numbers. |
(3) The Minister
shall cause to be laid before each House of Parliament a copy of every
direction given under section 5 (2) unless he is of the opinion that disclosure
of the direction is against the interests of national security, public safety,
public policy or the international obligations of The Bahamas. |
(4) A licensee
shall not disclose, or be required by virtue of any enactment or otherwise to
disclose, any direction given under section 5 (2) or anything done by virtue of
such direction if the Minister has notified him that the Minister is of the
opinion that disclosure of the direction or that thing is against the interests
of national security, public policy or the international obligations of The
Bahamas. |
6. (1) The functions of the Commission shall be- | Functions and powers of the Commission. |
(a) to advise
the Minister generally in relation to the telecommunications sector; |
(b) to
implement the sector policy; |
(c) to issue,
modify, enforce and revoke licences in a manner consistent with sector policy; |
(d) to regulate
the inter-connection of telecommunications systems and the management of
numbers for telecommunications services as set out in Part IV; |
(e) to
formulate and implement standards in relation to the technical regulation of
telecommunications systems, telecommunications equipment and customer premises
equipment as set out in Part V; |
(f) to
regulate, allocate and manage the use of the radio frequency spectrum as set
out in Part X; |
(g) to
determine whether a licensee is Dominant; |
(h) to regulate
the prices that may be charged by a licensee who is Dominant in a relevant
market in accordance with the provisions of subsections (6) and (7) of section
9; |
(i) to
facilitate, maintain and promote effective and sustainable competition in telecommunications
services in The Bahamas in accordance with the objective set out in section
4(e); and |
(j) to
exercise such other functions and powers as are set out in this Act. |
(2) In carrying
out its functions under any part of this Act, the Commission shall have the
power- |
(a) to require
any licensee to furnish such information and submit such returns in relation to
its operation at such interval as the Commission may require; |
(b) to conduct
inquiries, investigations and regulatory hearings and to hear complaints by any
person regarding the operations of any telecommunications or
radiocommunications service; |
(c) to publish
information, reports and other documents; |
(d) to impose
the sanctions provided for under section 35; and |
(e) to modify
the conditions of a licence in accordance with the provisions of section 12. |
(3) The Commission
may, from time to time, but subject to the provisions of subsection 4, issue
instructions to licensees licensed under any part of this Act, in relation to
any or all of the following matters- |
(a) the
interconnection of telecommunications systems in accordance with section 13; |
(b) the
provision of information in relation to telecommunications activities; |
(c) the
numbering plan and allocation of numbers in compliance with the numbering plan,
as required under section 14; |
(d) the methods
for measuring quality of service, in cases where quality of service obligations
have been imposed on licensees under their respective licences; |
(e) the
universal service obligations in a manner consistent with the sector policy; |
(f) the
international obligations of The Bahamas; |
(g) the licence
fees payable by licensees; |
(h) the use of
any radiocommunications station or of radiocommunications apparatus in
accordance with section 32 or any other matter referred to in that section; and |
(i) in
relation to any particular licence, or radiocommunications licence, in other
cases (if any) in which the Commission has reserved the right to specify a
condition included in the licence or radiocommunications licence concerned. |
(4) In exercising
its functions and powers under this Act, the Commission shall at all times act
in a manner that is timely, transparent, objective and non-discriminatory and
consistent with the objectives of this Act as set out in section 4. |
(5) The Commission
shall publish its proposals on licensing procedures, types or classes of
licence, licence conditions, modification to licences or making any general
instruction intended to be issued by the Commission under any part of this Act.
The Commission shall allow a reasonable period of consultation and take into
account any objection or suggestion made by persons affected by the proposals
before adopting the proposal. In particular, the Commission shall publish its
proposals identifying the types of telecommunication systems, telecommunication
services, radiocommunications stations and radiocommunications apparatus for
which class licences are required and the criteria applying to the grant of
such licences. |
7. (1) All decisions of the Commission made in the
exercise of its functions and powers under this Act, shall be final, other than
a decision- | Appeals. |
(a) on a point
of law and questions of law; |
(b) to refuse
to grant an individual licence; |
(c) that a
licensee is Dominant; |
(d) to modify a
licence in accordance with section 12(4)(d); |
(e) to revoke
an individual licence; or |
|
(2) Any person
aggrieved by a decision referred to in subsection (1) may appeal to the Court
on a point of law, on the ground that the decision was unreasonable in the
light of the information available to the Commission at the time it made its
decision or on the ground that it was unreasonable for the Commission to make a
decision without ascertaining further information. |
(3) On an appeal
the Court may- |
(a) dismiss the
appeal; or |
|
(i) in
relation to a point of law give such direction as the court thinks fit; and |
(ii) in
any other case remit the matter to the Commission for reconsideration generally
or for such further consideration by the Commission as the court thinks fit,
and may make such order as to costs including costs in the proceedings before
the Commission and such other order as it thinks fit. |
PART III
LICENSING OF TELECOMMUNICATIONS SYSTEMS AND SERVICES |
8. (1) Subject to the provisions of
subsections (2) and (3) below, no person shall establish, operate or maintain a
telecommunications system or provide a telecommunications service in The
Bahamas unless he is authorised to do so by a licence granted under section 9. |
(2) Subsection (1)
is not contravened by- | Licensed systems and services. |
(a) the
operation of a telecommunications system in which messages are conveyed by
light in a manner capable of being received or perceived by the eye alone; |
(b) the
operation by a person of a telecommunications system which is not connected to
any other telecommunications system and where all apparatus comprised in the
first system is situated either- |
(i) on
a single set of premises in single occupation; or |
(ii) in
a vehicle, vessel, aircraft or hovercraft or in two or more of the same when
mechanically coupled together; |
(c) broadcasting
in accordance with a licence issued under the Broadcasting Act; |
(d) operation
of a cable television system in accordance with a licence issued under the Broadcasting Act; or |
(e) the operation
by The Royal Bahamas Police Force, The Royal Bahamas Defence Force or The
Prison Service of telecommunications systems used exclusively for their own
purposes. |
(3) Nothing in
this section shall discharge any person from having to obtain a licence or
additional licence under Part X of this Act where the person establishes,
operates or uses any radiocommunications station or installs or operates or
uses radiocommunications apparatus. |
9. (1) Licences under this section shall be granted by
the Commission having regard to any current sector policy promulgated by the
Minister under section 5. | Licensing of systems and services. |
(2) The Commission
shall publish the details of the procedures and criteria applying to the grant
of a licence under this section. |
(3) A licence
granted under this section may be an individual licence or a class licence.
Each licence shall be in writing and shall continue in force in the period
specified in the licence, unless previously revoked in accordance with any
condition contained in the relevant licence or any section of this Act. |
(4) A licence
granted under this section shall specify the type of telecommunications system
and/or the type of telecommunications service that may be provided by the
licensee and which (if any) other telecommunications systems or apparatus may
be connected to the licensed system. |
(5) A licence
granted under this section may also include- |
(a) such
conditions as appear to the Commission to be appropriate having regard to the
objectives of this Act as specified in section 4; |
(b) conditions
requiring the payment to the Commission of fees specified in the licence or
instructions issued by the Commission but subject to paragraph (g) of section
6(3) and section 10; |
(c) conditions
requiring the licensee to supply such documents, accounts or other information
as the Commission may reasonably require for the purpose of exercising the
functions and powers assigned to it under this Act; |
(d) an
obligation on the licensee to comply with any direction given by the Minister
pursuant to section 5 or any instructions given by the Commission pursuant to
section 6; |
(e) conditions
intended to prevent anti-competitive behaviour in telecommunications markets,
including- |
(i) engaging
in anti-competitive cross-subsidisation; |
(ii) using
information obtained from competitors with anti-competitive results; and |
(iii) not
making available to other licensees, on a timely basis, technical information
about essential facilities and commercially relevant information necessary for
them to provide services; |
(f) conditions
relating to effective and efficient use of numbering; |
(g) conditions
relating to the provision of universal service or financial contributions to
the cost of universal service; |
(h) conditions
relating to provision of emergency services; |
(i) conditions
relating to interconnection of networks and interoperability of services; |
(j) conditions
linked to the grant to qualified licensees of access to public land; |
(k) conditions
relating to the control of persons who are Dominant in a market; |
(l) conditions
relating to the quality, availability and permanence of a telecommunications
service or telecommunications system; |
(m) conditions
relating to national security, public security and the investigation of
criminal activities and enforcement of public policy; and |
(n) conditions
relating to the surrender and/or revocation of the licence. |
(6) In a case
where the Commission decides that a licensee is Dominant in relation to the provision
of telecommunications service or access to any telecommunications system in a
market, the Commission may include in the licence issued to the licensee
concerned under this section of the Act or subject to section 11 modify such
person's licence so as to include, a condition, regulating the prices
(including any discounts) that may be charged by the licensee concerned for
telecommunications services in the relevant market. In particular, such a
condition may require- |
(a) relevant
prices not to exceed or be below levels specified from time to time by the
Commission either for individual services or for a collection of services; |
(b) a Dominant
licensee to offer its retail services, or any part thereof, to other licensees
at wholesale prices; |
(c) publication
of prices for telecommunications services in the relevant market. |
(7) Any condition
included in any licence granted under this section may be time-limited or may
be expunged by the Commission, following a public consultation, if the
Commission considers that a condition is no longer appropriate, bearing in mind
the objectives of this Act specified in section 4. |
10. (1) The Commission shall set fees only so as to
recover from licensees on an equitable basis, the aggregate amounts required to
defray costs incurred or anticipated by the Commission in connection with its
functions and powers in relation to telecommunications. | Fees for telecommunications licences. |
(2) The Minister
may by regulations direct the Commission to recover an amount in excess of that
specified under subsection (1) to reflect the market value of the licence
granted and such amounts shall be paid by the Commission into the Consolidated
Fund. |
11. (1) The Commission shall maintain up-to-date
public registers of licences granted under this Part of the Act containing- | Licence registers and directions. |
(a) for all
individual licences, the name and address of the licensee, the
telecommunications system or telecommunications service licensed and the
conditions applicable to the licence granted; and |
(b) for all
class licences, the telecommunications system or telecommunications service
licensed, the conditions of that licence and, where registration is required,
the persons who have been registered under that class licence. |
(2) A copy of each
individual licence shall be made available for public inspection. |
(3) The Commission
may from time to time, and following public consultation, determine and issue
instructions concerning- |
(a) the making
of applications for individual licences and the matters to be taken into
account when an application is reviewed; and |
(b) the form of
any class licences, the process for registration of licences and eligibility
criteria. |
12. (1) Subject to the provisions of this section, the
Commission may modify the conditions of a licence granted under section 9. | Modification of licence conditions. |
(2) Before
modifying a licence under this section, the Commission shall give notice- |
(a) stating
that the Commission proposes to make the modifications and setting out their
effect; |
(b) stating the
reasons why the Commission proposes to make the modifications, including
whether or not the modifications are required to protect the public interest;
and |
(c) specifying
the time (being not less than twenty-eight days from the date of publication of
the notice) within which representations or objections with respect to the
proposed modifications may be made, |
and shall
consider any representations or objections which are duly made and not
withdrawn. |
(3) Notice under
this section shall be given to the holder of an individual licence who is
affected and, if the Commission elects, by publication on the Commission's
website or in a newspaper circulating in The Bahamas. |
(4) Licences may
only be modified under this section- |
(a) in the case
of an individual licence held by only one person, with the prior written
consent of that licensee; |
(b) in cases
where substantially similar individual licences have been issued to more than
one person, with the prior written consent of such licensees who, between them,
account (according to good faith estimates of the Commission based on available
market information) for at least seventy-five per centum of the aggregate
telecommunications revenue of all licensees carrying on business under such
individual licence; and |
(c) in the case
of class licences, with the prior written consent of such persons actually
carrying on telecommunications services licensed under that class licence who
account (according to good faith estimates of the Commission based on available
market information) for at least seventy-five per centum of the aggregate
telecommunications revenue of all licensees carrying on business under that
class licence; or |
(d) where the
Commission has proposed a modification to an individual licence or to a class
licence but consent has been withheld, or, in the case of a class licence, is
impracticable to obtain, unless the licence expressly provides to the contrary,
the Commission may amend that licence to include that modification if the
Commission, after a public consultation and consideration of all information
available to it concludes that a modification to the licence is in the public
interest or is necessary in order to implement international obligations of The
Bahamas. |
PART IV
INTERCONNECTION AND NUMBERING |
13. (1) The Commission may issue instructions to any
licensee in relation to interconnection. | Interconnection. |
(2) Instructions
issued made under subsection (1) shall only include requirements necessary or
desirable- |
(a) to protect
the integrity of a telecommunications system, telecommunications equipment or
customer premises equipment; |
(b) to protect
the health or safety of any person; |
(c) to ensure
the interoperability of telecommunications systems, telecommunications
equipment and customer premises equipment; and |
(d) to achieve,
or assist in achieving, the sector policy. |
(3) The Commission
may require that- |
(a) any
licensee who is licensed to operate a telecommunications system provides
interconnection to any other licensee who requests such interconnection; and |
(b) such
interconnection is provided in a timely fashion. |
(4) The Commission
may require that any licensee which the Commission determines has Dominance in
a relevant market- |
(a) makes its
procedures for interconnection publicly available; |
(b) makes
either its standard interconnection agreement or a reference interconnection
offer publicly available under non-discriminatory terms, conditions and charges
at a quality that is no less favourable than that provided in relation to its
own services, including the services of its affiliate, and for services of
other third parties; |
(c) provides
interconnection on terms, conditions and charges that are transparent and
cost-oriented (having regard to economic feasibility); and at any technically
feasible point in its telecommunications system; and |
(d) provides
interconnection in a manner that is sufficiently unbundled, so that the
licensee requesting interconnection does not pay for telecommunications systems
components that it does not require. |
(5) The Commission
may require that any licensee involved in an interconnection dispute with
another licensee may refer the dispute to the Commission. |
(6) The Commission
shall resolve disputes referred to it under subsection (5) within a reasonable
period of time, and in any event within six months and may issue an instruction
as to the interconnection terms that shall apply. |
14. (1) The Commission shall make and issue by
instructions a plan for- | Numbering. |
(a) the
numbering of telecommunications services in The Bahamas; and |
(b) the
allocation and use of numbers in connection with the supply of such services. |
(2) Any numbering
plan shall, so far as possible- |
(a) address
market expectations and licensee needs for allocation of numbers; and |
(b) promote
efficient use of numbers. |
(3) The Commission
may administer the numbering plan and/or issue any instruction with respect to
the national numbering plan. |
(4) The Commission
may, in writing, delegate any of its functions under this section to any
person. |
(5) The Minister,
after consultation with the Commission may, by regulations, direct the
Commission to require that applications for the allocation of numbers be made
in accordance with an auction procedure or other pricing procedure to be
determined by him and the details of which shall be set out in the regulations
and the regulations may also prescribe how and when fees shall be paid. |
(6) In making
regulations under subsection (1) above, the Minister shall have regard to- |
(a) numbers
available for use, the demand and future demand; |
(b) the need to
promote efficient use of the numbers and competition in the provision of
telecommunications services; and |
(c) the likely
economic benefits available for users of the numbers concerned. |
(7) Any fees
received by the Commission under this section shall be paid by the Commission
into the Consolidated Fund. |
PART V
TECHNICAL REGULATION |
15. (1) The Commission shall establish and issue
instructions for technical standards relating to specified telecommunications
systems, telecommunications equipment, customer premises equipment or
radiocommunications apparatus. | Technical standards for telecommunications systems. |
(2) Technical
standards made under this section may include only requirements necessary or
desirable- |
(a) to protect
the integrity of telecommunications systems; |
(b) to protect
the health or safety of any person; |
(c) to ensure
the interoperability of telecommunications systems, telecommunications
equipment and customer premises equipment; |
(d) to promote
the effective use of the radio frequency spectrum, where appropriate; or |
(e) to achieve,
or assist in achieving, the sector policy or the spectrum management plan
approved under section 32. |
(3) When making
technical standards, the Commission shall have due regard to any international
standards relating to the applicable telecommunications systems,
telecommunications equipment or customer premises equipment. |
16. The Commission may issue instructions specifying
the procedures for testing telecommunications systems, telecommunications
equipment, customer premises equipment or radiocommunications apparatus to
verify that it complies with relevant technical standards. | Testing and approval of telecommunications systems,
etc. |
17. The Commission may, by instructions specify
procedures for approving persons to install customer premises equipment or
radiocommunications apparatus. | Approved installers. |
18. The Commission may, by instructions, specify
marking requirements to be affixed to customer equipment approved for section
16. | Marking requirements. |
19. (1) The Commission shall maintain a public
register of all technical standards, telecommunications equipment,
radiocommunications apparatus and installers approved in accordance with
sections 15, 16, and 17. | Register of technical standards, approved apparatus
and installers. |
(2) The register
shall contain- |
(a) for all
technical standards, a copy of the technical standard, including any amendments
thereto; and the date the technical standard came into force; |
(b) for all
telecommunications equipment and radiocommunications apparatus, the name and
address of the manufacturer, the date the equipment or apparatus was approved,
details of the approved equipment or apparatus and a copy of the Commission's
approval documentation; and |
(c) for all
installers, the name and address of the installer, the date the application of
the installer was approved, details of the types of telecommunications
equipment or radiocommunication apparatus he may install and the Commission's
approval documentation. |
PART VI
PROVISION OF TELECOMMUNICATIONS SERVICES |
20. (1) The offering and provision of
telecommunications services by a licensee is subject to the terms and
conditions agreed between the licensee and the user or, where no terms and
conditions have been agreed, terms and conditions published or otherwise made
available for public inspection in the form and manner specified by the
Commission. | Terms of supply. |
(2) A licensee may
enforce the terms and conditions published in accordance with subsection (1) as
if they were an agreement between it and the person to whom telecommunications
services are provided. |
21. (1) Licensees shall not control the content or
influence the meaning or purpose of any message carried by it for a member of
the public. | Contents of messages. |
(2) Subject to the
provisions of this section, a licensee shall not disclose or use any
information or document that relates to the content of any message or the
private affairs or personal particulars of any person, that comes into the
licensee's knowledge or possession in connection with its business of providing
telecommunications services. |
(3) Subsection (2)
does not restrict disclosure or use of information or documents- |
(a) for the
purpose of providing telecommunications services to that person; |
(b) where the
sender of the message or the subject of the personal particulars consents; |
(c) for the
purpose of facilitating the performance of any functions of the Minister or the
Commission under this Act; |
(d) in
accordance with an authorisation given under section 5 of the Listening Devices Act; or |
(e) to the
Court in connection with a court order made in civil proceedings. |
PART VII
BAHAMAS TELECOMMUNICATIONS COMPANY |
22. (1) The Minister shall cause to be incorporated
under the
Companies Act a company limited by shares to be known as "The Bahamas
Telecommunications Company". | Establishment of the company. |
(2) Upon the date
of incorporation of The Bahamas Telecommunications Company all shares of that
Company shall be issued to or become vested in the Treasurer in trust for Her
Majesty in right of Her Government of The Bahamas. |
(3) The Treasurer
may, on the advice of the Minister of Finance, transfer any or all of its
shares of The Bahamas Telecommunications Company to any person at any time and
in any manner as he determines. |
(4)
Notwithstanding subsection (3) neither the Treasurer nor any Minister shall
transfer any shares vested in the Treasurer without the prior approval of the
House of Assembly signified by resolution thereof. |
PART VIII
VESTING |
23. Before the vesting date the Corporation shall take
steps to identify, define and separate from the remainder of its undertaking- | Separation of functions. |
(a) the
regulatory undertaking; |
(b) the part or
parts of its undertaking concerned with the Corporation's shareholding in Cable
Bahamas; and |
(c) any assets
not used in relation to the provision of telecommunications services. |
24. (1) Subject to the following provisions of this
section, the Minister may, by one or more written vesting orders, vest any or
all of the property, rights and liabilities to which the Corporation was
entitled or subject immediately before the date of the vesting order concerned
in any one of the persons named below, whereupon such property, rights and
liabilities shall become the property, rights and liabilities of, the vested
entity concerned, subject to any terms and conditions determined by the
Minister and specified in the vesting order concerned- | Vesting of property, rights and liabilities of the
Corporation. |
(a) in the case
of property, rights and liabilities relating to the regulatory undertaking of
the Corporation, the Commission; |
(b) in case of
the Corporation's shareholding in Cable Bahamas, the Treasurer; |
(c) in case of
all or any assets not used in relation to the provision of telecommunication
services, the Treasurer; and |
(d) in case of
all or any other property, rights and liabilities of the Corporation, the
Company. |
(2)
Notwithstanding subsection (1) the Minister shall not dispose of any property
to which the Corporation was entitled without the prior approval of the House
of Assembly signified by resolution thereof. |
(3) Subject to
subsection (2), the vesting of property, rights and liabilities under this
section shall be binding on all other persons notwithstanding that it would,
apart from this section, have required the consent or concurrence of any other
person. |
(4) The
First Schedule shall apply to any transfer and vesting effected under this
section. |
(5) References in
this Act to property, rights and liabilities of the Corporation are references
to all such property, rights and liabilities- |
(a) whether or
not capable of being transferred or assigned by the Corporation; |
(b) whether
located in The Bahamas or elsewhere; |
(c) whether
under the laws of The Bahamas or the laws of any other country or territory;
and |
(d) in the case
of liabilities whether they are actual or contingent. |
25. Notwithstanding any other law to the contrary no
stamp duty shall be payable under the Stamp Act on or in relation to
the transfer or vesting of property, rights and liabilities of the Corporation
under section 24. | Exceptions from stamp duty. |
26. The Minister may by order after consultation with
the Commission and the Corporation dissolve the Corporation on a date to be specified
in the order. | Dissolution of the Corporation. |
PART IX
NATIONAL INTEREST MATTERS |
27. (1) Each licensee shall ensure that each
telecommunications system operated by it has the capability to enable a private
conversation to be heard, listened to or recorded using a listening device in
accordance with an authorisation given under section 5 of the
Listening Devices Act. | Interception. |
(2) The Minister
may, after consultation with the Commissioner of Police and the
Attorney-General, exempt a licensee from the obligation imposed under
subsection (1) in so far as that obligation relates to a specified
telecommunications system or telecommunications service. |
(3) Any exemption
under subsection (2) shall be in writing and may be unconditional or subject to
conditions specified in the exemption. |
(4) In this
section "private conversation" and "listening device" have
the meanings given to them in the Listening Devices Act. |
28. (1) During any period in which Article 29 of the
Constitution applies, and the Governor-General considers that it is necessary
in the interests of defence, public safety, public order, the Government shall
have control over any telecommunications station, cable television system or
radiocommunications apparatus and the Governor-General may take possession of
and assume control over, or direct such other persons as he thinks fit to
assume control over, part of all of the telecommunications system of any
licensee or of any radiocommunications station, cable system or
radiocommunications apparatus for use by the Government. | War and emergencies. |
(2)
Notwithstanding anything in any Act to the contrary, the Governor-General may,
for the purpose of exercising the powers conferred on him by subsection (1),
appoint temporary operative or engineering staff, for no longer than six months
in the first instance, under such terms and conditions and at such salaries as
the Governor-General may prescribe and determine and the salaries of all such
staff shall be paid out of the Consolidated Fund. |
PART X
REGULATION OF RADIOCOMMUNICATIONS |
29. (1) No person shall establish, operate or use any
radiocommunications station or install, operate or use any radiocommunication
apparatus unless he is authorised to do so by a licence granted under section
30. | Licensed radio communications. |
(2) Subsection (1)
is not contravened by the installation or use of apparatus for reception only
of television and radio broadcasting. |
30. (1) Radiocommunications licences under this part
shall be granted or made available by the Commission having regard to any
current spectrum allocation policy determined by the Commission under section
33. | Radio communications licences. |
(2) A
radiocommunications licence may be an individual licence or a class licence.
Each radiocommunications licence shall be in writing and shall continue in
force for the period specified in the licence, unless previously revoked in
accordance with any condition contained in the relevant radiocommunications
licence or any section of this Act. |
(3) The Commission
shall publish details of the procedures and criteria applying to the grant of
an individual radiocommunications licence under this Part of the Act. |
(4) A
radiocommunications licence may be issued subject to such conditions as appear
to the Commission to be appropriate, including- |
(a) in the case
of a licence to establish, operate or use any radiocommunications station, the
purposes for which, the circumstances in which, and the persons by whom the
radiocommunications station may be operated or used and the apparatus that may
be installed or operated or used therein; |
(b) in the case
of any other licence, limitations as to the apparatus which may be installed,
operated or used, and the places where, the purposes for which the
circumstances in which and the persons by whom the apparatus may be operated or
used; |
(c) in any
case, conditions requiring the payment to the Commission of fees specified in
the licence or in instructions issued by the Commission; |
(d) conditions
requiring the licensee to supply such documents, accounts or other information
as the Commission may reasonably require for the purpose of exercising the
functions assigned to it under this Act; |
(e) an
obligation on the licensee to comply with any direction given by the Minister
pursuant to section 5 or any instructions given by the Commission pursuant to
section 6; |
(f) conditions
relating to national security, public security and the investigation of
criminal activities; and |
(g) conditions
relating to the surrender and/or revocation of the licence. |
(5) Any condition
included in any licence granted under this section may be time limited or may
be expunged by the Commission, following a public consultation, if the
Commission considers that a condition is no longer appropriate, having regard
to the objectives for radio frequency spectrum as set out in the plan provided
for under section 33. |
(6) A
radiocommunications licence shall, unless previously revoked by the Commission,
continue in force for such period as may be specified in the licence. |
(7) Subject to any
conditions included in the licence concerned, a radiocommunications licence may
be revoked, or the terms, provisions or limitations thereof varied, by a notice
in writing of the Commission served on the holder of the licence or by a
general notice applicable to licences of the class to which the licence in
question belongs published in the manner specified in the licence. |
31. (1) The Minister may, after consultation with the
Commission by regulations, direct the Commission to exercise its power under
section 30 to require the payment of fees for the grant or renewal of
radiocommunications licences in such a way as to recover amounts in excess of
those necessary in order to recover the costs incurred by it in connection with
the performance of its functions in relation to telecommunications. All excess
amounts received shall be paid by the Commission into the Consolidated Fund. | Fees for radio communications licences and auctions. |
(2) In the absence
of any regulations, the Commission shall set fees only so as to recover from
licensees, on an equitable basis, the aggregated amounts required to defray
costs incurred or anticipated by the Commission in connection with its
functions and power in relation to radiocommunications. |
(3) In making
regulations under subsection (1) above, the Minister shall regard to- |
(a) the extend
of the part of the spectrum available for use under licences of the relevant
description, the demand and likely future demand; |
(b) the need to
promote efficient use of the spectrum and competition in the provision of
radiocommunications based services; and |
(c) the likely
economic benefits available to users of the spectrum concerned. |
(4) The Minister
may, after consultation with the Commission by regulations, direct the
Commission to require that applications for the grant or renewal of
radiocommunications licences be made in accordance with an auction procedure to
be determined by him and the details of which shall be set out in the
regulations. The regulations may also prescribe how and when fee bids shall be
paid and any minimum requirements regarding fitness to hold the licence and the
maintenance of competition. |
32. (1) The Commission shall maintain a public
register of radiocommunications licences granted under this Part of the Act
containing- | Radio communications licence registers. |
(a) for all
individual licences, the name and address of the licensee, the
radiocommunications station or radiocommunications apparatus licensed and the
conditions applicable to the licence granted; and |
(b) for all
class licences, the radiocommunications station or radiocommunications
apparatus licensed, the conditions of that licence and, where registration is
required, the persons who have been registered under that class licence. |
(2) A copy of each
individual licence shall be made available for public inspection. |
(3) The Commission
may from time to time, and following public consultation, determine and issue
instructions concerning the- |
(a) making of
applications for individual radiocommunications licences and the matters to be
taken into account when an application is reviewed; and |
(b) form of any
class radiocommunications licences, the process for registration of licences
and eligibility criteria. |
(4) The
Commission may issue instructions- |
(a) to
prescribe the things which are to be done or are not to be done in connection
with the use of any radiocommunications station, or of radiocommunications
apparatus and, in particular, requiring the use of any radiocommunications
station or any such apparatus to cease on a demand to that effect made by the
Commission or any other persons specified in the instructions; |
(b) to impose
on the person to whom a radiocommunications licence is issued, or who is in
possession or control of any radiocommunications station or radiocommunications
apparatus obligations permitting and facilitating the inspection of such
radiocommunication stations or apparatus, as to the condition in which such
station or apparatus are to be kept and as to the production of the radiocommunications
licence or of such other evidence of the licensing of the radiocommunications
station or apparatus as may be specified in the instructions; and |
(c) to require
the person to whom a radiocommunications licence authorising the establishment,
operation or use of a radiocommunications station or radiocommunications
apparatus has been issued to exhibit at the station such notices as may be
specified in those instructions, |
and
different provisions may be made in directions for different classes of cases. |
33. (1) The Commission may issue instructions after
consultation with the Minister, to make, amend or revoke a strategic plan for
the balanced, efficient and effective allocation, use and management of the
radio frequency spectrum in The Bahamas and satellite orbital slot allocated to
The Bahamas. Any plan shall, so far as possible and subject to subsection (2)- | Spectrum planning. |
(a) address
market expectations and customer needs for assignments of radio frequency
spectrum; |
(b) promote
efficient spectrum use; |
(c) minimize
risks of interference; |
(d) maximize
economic benefit and sustainable competition; |
(e) maintain
diversity of use; and |
(f) conform,
as necessary, to relevant spectrum plans in the region. |
(2) The Minister
may, after consultation with the Commission by direction allocate or
re-allocate any part of the radio frequency spectrum to- |
(a) defence,
police or emergency purposes; |
|
(c) other uses
in the interest of national security and public policy. |
PART XI
INVESTIGATION AND ENFORCEMENT |
34. (1) Where the Commission is satisfied that a
licensee is contravening or has contravened any of the conditions of a licence,
any instructions issued by the Commission, or any provision of this Act, the
Commission may issue further instructions to that effect and make arrangements
for the publication of such instructions in any manner the Commission considers
to be appropriate. | Securing compliance. |
(2) Any instructions
issued by the Commission shall require the licensee concerned to do, or not to
do, such things as are specified in the instructions and shall take effect at
the earliest practicable time as determined under the instructions. |
(3) Before acting
under this section, the Commission shall- |
(a) give notice
to the licensee concerned- |
(i) stating
that it proposes to issue instructions setting out its effects; |
(ii) stating the relevant condition of the licence,
instruction, section or regulation and the acts or omissions which, in the
opinion of the Commission, constitute a contravention; and |
(iii) specifying
the time (in a case of an emergency the Commission may request the licensee to
make representations or objections immediately and in any other case the
licensee shall make representations not less than twenty-eight days from the
date of publication of the notice) within representations or objections may be
made; and |
(b) have regard
to any representations and objections made by the licensee or any other person. |
(4) If after issue
of a notice, any licensee fails to comply with the requirements of that
instruction, the Commission may exercise any one or more of the following sanctions- |
|
(b) impose a
fine not exceeding three hundred thousand dollars and a further fine not
exceeding ten thousand dollars for each day on which the failure continues; or |
(c) enforce any
remedy available to it under the licence of the licensee concerned, including
any remedy or revocation. |
(5) Where the
Commission imposes a fine under subsection (4) such fine shall be recoverable
in the same manner as a fine imposed by the court. |
35. (1) A person who establishes, maintains or
operates a telecommunications system or a telecommunications service without a
licence or in contravention of the conditions of a relevant licence or a
direction shall be guilty of an offence and liable on summary conviction to a
fine of three hundred thousand dollars. | Offences. |
(2) A person who
knowingly, or having reason to believe that any telecommunications system or
telecommunications service has been established or is maintained or is operated
in contravention of this Act, transmits or receives a message by using that
telecommunications system or telecommunications service, or performs any
service incidental to the establishment, maintenance or operation of that
telecommunications system or telecommunications service shall be guilty of an
offence and liable on summary conviction to a fine of ten thousand dollars. |
(3) A person who
does any of the acts mentioned below in relation to a telecommunications
system- |
(a) participating
in the management, financing, operation or day-to-day running of the
telecommunications system knowing, or having reasonable cause to believe, that
the telecommunications system, or telecommunication services supplied using the
telecommunications system, is not licensed; |
(b) supplying,
installing, repairing or maintaining any telecommunications system,
telecommunications equipment or any other item knowing, or having reasonable
cause to believe, that the telecommunications system, telecommunications
equipment or other item is to be, or is, used for the purpose of facilitating
the operation or day-to-day running of an unlicensed telecommunications system
or unlicensed telecommunications services; or |
(c) rendering
any other service to any person knowing, or having reasonable cause to believe,
that the rendering of that service to that person will facilitate the operation
or day-to-day running of an unlicensed telecommunications system or unlicensed
telecommunications services, |
shall be
guilty of an offence and liable on summary conviction to a fine of ten thousand
dollars. |
(4) A person who
installs a telecommunications systems or telecommunications equipment and/or
customer premises equipment that is directly or indirectly connected to a
telecommunications system, which has not been approved by the Commission shall
be guilty of an offence and liable on summary conviction to a fine of ten
thousand dollars. |
(5) A person who
installs customer premises equipment (other than by a single line plug-into
socket connection) to any telecommunications system and who has not been
approved by the Commission or an organisation appointed by it for approving
installers under section 16 shall be guilty of an offence and liable on summary
conviction to a fine of five thousand dollars. |
(6) A person who
sends, by means of a telecommunications system, a message for the purpose of
causing annoyance or inconvenience to another person shall be guilty of an
offence and liable on summary conviction to a fine of one thousand dollars. |
(7) A person who
is a licensee or employed by or engaged in any capacity for any licensee and
contrary to his duty- |
(a) prevents or
obstructs the sending, conveying or delivery of any message; or |
(b) discloses
or uses the content of any message, any information or document that relates to
the content of any message or the public affairs of personal particulars of any
person contrary to section 21(2), |
shall be
guilty of an offence and liable on summary conviction to a fine of five
thousand dollars. |
(8) A licensee who
fails to comply with any requirement made pursuant to section 6(2)(b) shall be
guilty of an offence and liable on summary conviction to a fine of fifty
thousand dollars and for each subsequent offence, is liable on summary
conviction to a fine of one hundred thousand dollars. |
36. (1) A person who has in his possession or under
his control radiocommunications apparatus that he- | Further offences in relation to Part X of this Act. |
(a) intends to
use in contravention of section 29; or |
(b) knows, or
has reasonable cause to believe, that another person intends to use in
contravention of that section, |
shall be
guilty of an offence and liable on summary conviction to a fine of ten thousand
dollars. |
(2) A person who
is in charge of any premises which are used for unlawful radiocommunications,
or sending signals for the operation or control of any apparatus used for the
purpose of unlawful radiocommunications from any other place if- |
(a) he
knowingly causes or permits the premises to be so used; or |
(b) having
reasonable cause to believe that the premises are being so used, he fails to
take such steps as are reasonable in the circumstances of the case to prevent
the premises from being so used, |
shall be
guilty of an offence and liable on summary conviction to a fine of ten thousand
dollars. |
(3) For the
purposes of this section- |
(a) a person in
charge of any premises if he or the owner or occupier of the premises or has,
or acts or assists in, the management or control of the premises; |
(b) radiocommunications
are unlawful if they are made in contravention of section 29; and |
(c) "premises"
includes any place and, in particular includes any vehicle, vessel or aircraft
and any structure or other object (whether movable or otherwise and whether on
land or otherwise). |
(4) A person who
does any of the acts mentioned in this subsection in relation to a
radiocommunications station- |
(a) participating
in the management, financing, operation or day-to-day running of the
radiocommunications station knowing, or having reasonable cause to believe,
that unlawful radiocommunications are made by the station; |
(b) supplying,
installing, repairing or maintaining any radiocommunications apparatus or any
other item knowing, or having reasonable cause to believe, that or other item
is to be, or is, used for the purpose of facilitating the operation of
day-to-day running of the telecommunications station and that unlawful
radiocommunications (as defined in section 36(2) are made by the station; or |
(c) rendering
any other service to any person knowing, or having reasonable cause to believe,
that the rendering of that service to that person will facilitate the operation
or day-to-day running of the radiocommunications station and that unlawful
radiocommunications are so made, |
shall be
guilty of an offence and liable on summary conviction to a fine of ten thousand
dollars. |
(5) A person who
contravenes any instructions made under section 32, or causes or permits any
radiocommunications station or radiocommunication apparatus to be used in
contravention of instructions issued under section 32 shall be guilty of an
offence and liable on summary conviction to a fine of three hundred thousand
dollars. |
(6) A person who,
by means of radiocommunications apparatus, sends or attempts to send, any
message which, to his knowledge, is false or misleading and is, to his
knowledge, likely to prejudice the efficiency of any safety of life service or
endanger the safety of any person or of any vessel, aircraft or vehicle, and,
in particular, any message which, to his knowledge, falsely suggests that a
vessel or aircraft is in distress or in need of assistance or is not in
distress or not in need of assistance shall be guilty of an offence and liable- |
(a) on summary
conviction to a fine of five hundred thousand dollars or a term of imprisonment
of five years; or |
(b) on
conviction on indictment, to a fine of five hundred thousand dollars or to
imprisonment for a term of ten years or to both such fine and imprisonment. |
(7) A person who
is using any apparatus for the purpose of interfering with any apparatus
whether or not the apparatus in question is radiocommunication apparatus shall
be guilty of an offence and liable on summary conviction of a fine of ten
thousand dollars. |
37. (1) The Court may (whether or not any person has
been convicted of such offence) order to be forfeited to the Crown- | Forfeiture. |
(a) any money,
telecommunications systems, telecommunications equipment, radiocommunications
apparatus, customer premises equipment or other thing (other than premises)
which has been used in the commission of or in connection with an offence under
any section in this Part of the Act; and |
(b) any money
or other property received or possessed by any person as a result or product of
an offence under any section in this Act. |
(2) An order under
subsection (1) of this section for the forfeiture of a telecommunications
system, telecommunications equipment, radiocommunications station,
radiocommunications apparatus, customer premises equipment or other thing may
include a term permitting a specified person or persons to redeem such item on
such conditions, including conditions as to the payment of the value or a
proportion of the value thereof to the Crown, as the Court may think fit. |
(3) The Court may
require the notice of an application for forfeiture under subsection (1) of
this section shall be given in such manner as it thinks fit. |
38. (1) Where on information provided by the
Commission (or other person), a magistrate has reason to believe that- | Search warrants. |
(a) any person
is contravening any Part of this Act; and |
(b) entry to
the specified premises, vehicle, vessel, aircraft, hovercraft, buoy or beacon
is necessary for the enforcement of the Act, |
the
magistrate may issue a search warrant to a peace officer. |
(2) The peace
officer to whom a warrant is issued may be accompanied by an authorised
representative of the Commission and may enter the specified premises, carry
out search and inspection of those premises and test and seize any relevant
apparatus, equipment or documents in accordance with the terms of the warrant. |
(3) Where under
this section a person has a right to examine and test any equipment or
apparatus on any premises or in any vehicle, vessel, aircraft, hovercraft, buoy
or beacon, it shall be the duty of any person who is on the premises, or is in
charge of, or in attendance on, the vehicle, vessel, aircraft, buoy or beacon,
to give him any such assistance as he may reasonably require in the examination
or testing of the equipment or apparatus. |
39. Where an offence under sections 35 and 36 is
committed by a body corporate and it is proved that such an offence has been
committed with the consent or connivance of, or is attributable to any neglect
on the part of, any director, manager, secretary or other officer of the body
corporate, or any person purporting to act in such capacity, that officer, as
well as the body corporate shall be liable to be proceeded against and punished
accordingly. | Offences by body corporate. |
PART XII
MISCELLANEOUS |
40. (1) The sections and Parts of The
Bahamas Telecommunications Act are repealed as set out in the Second
Schedule. | Repeals and savings. |
(2) Nothing in
this section shall affect- |
(a) the
continuation of any civil or criminal proceedings commenced under The Bahamas Telecommunications
Corporation Act; |
(b) any
liability to pay fees or penalties under The Bahamas Telecommunications Corporation Act or any subordinate
legislation made under that Act that accrues before the date on which this
section comes into operation; or |
(c) the
limitation of the Corporation's liability pursuant to section 22 or 30 of The Bahamas Telecommunications
Corporation Act. |
(3) Any subordinate
legislation that relates to subject matter within the functions or powers of
the Minister or the Commission shall continue in force, mutatis mutandis,
until such time as the Minister or the Commission issues instructions or makes regulations
for similar purposes under this Act that are inconsistent with that subordinate
legislation. Once the Minister or the Commission issues directions or makes
regulations that are inconsistent with that subordinate legislation, then, to
the extent of the inconsistency, the subordinate legislation will cease to
apply. |
(4) Except in
circumstances where the Corporation or the Company agrees with a user terms and
conditions for the provision of telecommunications services, until the
Corporation or the Company publishes new terms and conditions for the provision
of telecommunications services in accordance with section 20(1), the terms and
conditions for the provision of telecommunications services by the Corporation
or the Company shall consist of the following which shall be deemed to have
been published in accordance with section 20(1)- |
(a) the rates
and rules applicable under the subordinate legislation; and |
(b) sections
21, 22, 23, 28 and 30 of The Bahamas Telecommunications Corporation Act. |
(5) Subject to the
following subsections of this section, any person (other than the Corporation)
who, on the date this Act comes into operation holds a licence or authorisation
validly issued under the laws, rules or regulations in force on that date for
the establishment, operation or maintenance of a telecommunications system or
the provision of telecommunications services or for the establishment or use of
any radiocommunications station or the installation or use of any
radiocommunications apparatus shall be deemed to hold a licence in accordance
with this Act for twelve months from the date this Act comes into operation,
unless its original licence or authorisation expires prior to the end of that
twelve month period in which case it deemed licence under this Act shall expire
on the same date. |
(6) Within three
months from the date this Act comes into operation, every person claiming to be
the holder of a licence or authorisation under subsection (5) shall supply to
the Commission full details of his licence or authorisation and may notify its
request for a new licence under this Act, failing which his deemed licence
shall expire forthwith. |
(7) Where the
Commission, having reviewed any licence or authorisation notified to it under
subsection (6), is satisfied that such authorisation or licence had been
validly issued under the laws, rules or regulations in force at the
commencement of this Act, the Commission shall, within six months of the date
of such notification- |
(a) issue
an individual licence to that person to establish, operate and maintain the
telecommunications system, provide telecommunications services, establish,
operate or use any radiocommunications station or install, operate or use any
radiocommunication apparatus; or |
(b) ensure that
the activities concerned are included in a class licence, |
for at least
the unexpired term of the original authorisation or licence but otherwise
subject to conditions duly determined by the Commission in accordance with this
Act. |
(8) If the
Commission is not satisfied, for any reason, that a licence or authorisation
notified to it under subsection (6) was validly issued, it shall so notify the
person concerned and his deemed licence shall expire on the date of
notification. |
PART XIII
RELATED AMENDMENTS |
41. The Acts specified in the First Column of the
Third Schedule are amended in the manner and to the extent as set out in the
Second Column of that Schedule. | Amendments of various Acts. |
FIRST SCHEDULE (Section 24) |
1. (1) For
the purposes of any statutory accounts of the Company- | Statutory accounts of vesting entities. |
(a) the
transfer and vesting effected under section 24 shall be treated as having been
effected immediately after the end of the last audited accounting period of the
Corporation ending before the vesting date; |
(b) the value
of any asset and the amount of any liability of the Corporation taken to have
been transferred to and vested in the Company shall be taken to be the value or
(as the case may be) the amount assigned to that asset or liability for the
purposes of the corresponding statement of accounts prepared by the Corporation
in respect of that period; |
(c) the amount
to be included in respect of any relevant item shall be determined as if
anything done by the Corporation (whether by way of acquiring, revaluing or
carrying any amount to any provision or reserve or otherwise) had been done by
the Company; and |
(d) without
prejudice to the generality of paragraph (c), the amount to be included from
time to time in any reserves of the Company as representing its accumulated
realised profits shall be determined as if any profits realised and retained by
the Corporation had been realised and retained by the Company. |
(2) References in
this s |