| 17. |
(1)
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Subject to the provision of section 20, no person shall operate a telecommunication system in Sri Lanka except under the authority of a licence granted by the Minister in accordance with subsection (2).
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No person to operate telecommunication system without a licence. |
(2)
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The Minister may grant the licence referred to in subsection (1) on the recommendation of the Commission, provided he shall have the power to reject such recommendations for reasons assigned and grant a licence in his own discretion |
| (3) |
| (a) |
Where the Commission consider it in the public interest to do so the Commission may give public notice in such manner as it deems appropriate of its intention to recommend to the Minister the grant of a licence. |
| (b) |
The notice referred to in paragraph (a) shall - |
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(i) |
state that the Commission proposes to recommend the grant of a licence to a particular person; |
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(ii) |
specify the time (not being less than twenty eight days from the date of publication of the notice) within which representations or objections with respect to the grant of the proposed licence may be made. |
| (c) |
A representation or objection duly made in response to such notice shall be considered by the Commission. |
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| (4) |
Every application for a licence shall be in writing and shall be made to the Commission in such manner as may be required by the Commission.
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| (5) |
Before recommending the grant of a licence, the Commission shall satisfy itself that the applicant is capable of operating the telecommunication system for which licence is being applied for. |
| (6) |
A licence under subsection (2) of this section -
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(a) |
shall be issued on payment by the applicant of the licence fee; |
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(b) |
shall be in writing and unless previously revoked in accordance with any terms in that behalf contained in the licence, continue in force for such period as may be specified therein; |
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(c) |
shall set out the terms and conditions subject to which the licence is being granted; |
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(d) |
shall require the provision of such telecommunication services as are specified in the licence by means of such telecommunication system; |
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(e) |
may authorise the connection to any telecommunication system to which the licence relates of-
| (i) |
any other telecommunication system specified in the licence; and |
| (ii) |
any apparatus so specified in the licence; and |
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(f) |
may authorise the provision by means of any telecommunication system to which the licence relates of any such telecommunication services as are specified in the licence |
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The terms and conditions referred to in paragraph (c) of subsection |
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| (7) |
| (6) |
may include - |
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(a) |
such conditions (whether relating to the operating of the telecommunication system to which the licence relates or otherwise) as appear to the Minister to be requisite or expedient having regard to the provisions of section 4; |
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(b) |
conditions requiring the payment to the Commission on the grant of the licence or during the currency of the licence or both on the grant and during the currency of the licence such sum or sums of money as may be determined by the Commission to defray any expenses incurred by it in granting the licence; |
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(c) |
conditions requiring an operator to furnish to the Commission, in such manner and at such times as may be reasonably required by the Commission, such documents, accounts, estimates, returns or other information as the Commission may require for the performance of its duties under this Act; |
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(d) |
conditions prohibitting an operator from showing preference to, or from exercising discrimination against a particular person or persons of any class or description as respects any service provided, connection made or permission given; |
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(e) |
conditions requiring an operator to publish in such manner and at such times as are specified in the licence, a notice specifying the charges and other terms and conditions that are to be applicable to the services provided, connection made or permission given; |
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(f) |
conditions requiring an operator to ensure that an adequate and satisfactory information system which may include billing information, tariff information, directory services and directory inquiry services be made available to users; |
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(g) |
conditions requiring an operator-
| (i) |
to comply with directions given by the Commission in relation to the national transmission plan, signalling plan, switching plan, numbering plan, and the charging plan to which an operator shall design and maintain his telecommunication network, and conditions requiring approval from the Commission in the event of any departure from any of the aforesaid plans; |
| (ii) |
to keep the Commission informed of the practices followed by him in the routing of national and international traffic; and |
| (iii) |
to ensure that compensation is paid to persons affected by the running of underground cables or overhead lines; |
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(h) |
conditions requiring an operator-
| (i) |
to comply with any direction given by the Authority as to such matters as are specified in the licence; |
| (ii) |
except with the consent of the Authority to do or refrain from doing such things as are required to be done or required not to be done under the licence; |
| (iii) |
to refer for determination by the Authority such questions arising under the licence as are specified in the licence; |
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(i) |
conditions requiring the connection to any telecommunication system to which the licence relates or permit the connection to any such system, of such other telecommunication systems and such apparatus as are specified in the licence. |
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(j) |
conditions requiring an operator to develop and publish a plan to restore service during emergencies;
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(k) |
conditions specifying acceptable economic criteria in accordance with which the Commission shall approve tariff adjustments proposed by an operator. |
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| (8) |
A licence granted under this section shall be published in such manner as the Commission may determine is best calculated to give publicity thereto. |
| (9) |
All sums paid as fees under this section for the issue of a licence shall be paid into the Fund of the Commission established by section 22F of this Act. |
| 18. |
(1) |
The Commission may, subject to the provisions contained in subsection (6) of section 17, recommend to the Minister the modification of any condition of a licence granted under that section and on receipt of the concurrence of the Minister duly effect such modifications. |
Modification of licence granted under section 17. |
| (2) |
Prior to recommending the modification of any condition of a licence to the Minister under subsection (1), the Commission may, if it considers it in the public interest to do so, give public notice in like manner as is specified in paragraphs (a) and (b) of subsection (3) of section 17. |
| (3) |
The Commission shall consider any representation or objection duly made in response to such public notice. |
| 18A. |
| (1) |
An operator shall not permit the use of the telecommunication system in respect of which a licence is issued to such operator, by any other person, for the purpose of sending or receiving messages by such person by way of a business on the payment of a fee or reward, without obtaining the prior approval of the Commission. |
| (2) |
On application being made in that behalf by an operator, the Commission shall grant approval for purpose of subsection (1), by the issue of a permit to the operator which shall be subject to such terms and conditions as may be specified therein. |
| (3) |
The Commission may at any time cancel the permit issued under subsection (2), on the breach of any of the terms and conditions to which it is subject to.
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| (4) |
An operator who acts in contravention of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than ten thousand rupees. |
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Operator prohibited from allowing telecommunication system to be used by any person for business purposes. |
| 19. |
(1) |
A person who operates a telecommunication system in Sri Lanka without obtaining a licence under section 17, shall be guilty of an offence under this Act. |
Offence to operate telecommunication system without licence. |
| (2) |
An operator shall be guilty of an offence under this Act if-
| (a) |
there is connected to the telecommunication system in respect of which the licence is issued- |
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(i) |
any other telecommunication system which is not authorised by the licence to be so connected; or |
| (ii) |
any telecommunication apparatus which is not authorised by the licence to be so connected; or |
| (b) |
there are provided by means of the system any telecommunication services which are not authorised by the licence to be so provided. |
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| 20. |
| (1) |
Notwithstanding the provisions contained in subsection (1) of section 17 and subject to subsections (2) and (3) of this section no licence shall be required- |
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(a) |
to operate a telecommunication system- |
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(i) |
where the only agency involved in the conveyance of things thereby conveyed is light and the things thereby conveyed are so conveyed as to be capable of being received or perceived only by the eye; or |
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(ii) |
which is not connected to another telecommunication system and where all the apparatus comprised therein is situated either- |
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(A) |
in premises of single ownership or tenancy and within a contiguous boundary, for the sole use of the owner or tenant; or |
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(B) |
in a vehicle, vessel, aircraft or hover-craft or in two or more vehicles, vessels, aircrafts or hover-crafts, mechanically coupled together; or |
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(iii) |
which is not connected to another telecommunication system and where a single individual runs such system and- |
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(A) |
all the apparatus comprised therein is under his control; and |
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(B) |
everything conveyed by it is conveyed solely for his own domestic purposes; or |
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(b) |
for the connection of approved terminal apparatus to the public switched network of an operator; or |
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(c) |
for a person who carries on a business to run a telecommunication system for the purposes of that business where that telecommunication system is not connected to another telecommunication system, and in respect of which the following conditions are satisfied, namely- |
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(i) |
that no person other than the person carrying on the business is concerned in the control of the apparatus comprised in that system; |
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(ii) |
that sounds or visual images conveyed by that system, are not conveyed for the purpose of their being heard or seen by persons other than the person carrying on the business or any employees of his engaged in the conduct of that business; |
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(iii) |
that messages conveyed by the system are conveyed only to the person carrying on the business, to any employee engaged by him on the conduct of that business or for reception or transmission by telecommunication apparatus of such system used in the course of the business and controlled by him; |
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(iv) |
that, messages conveyed by the system, are not conveyed for the purpose of actuating or controlling machinery or apparatus used otherwise than in the course of that business; and |
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(v) |
that nothing falling within the definition of the expression "telecommunication system" is conveyed by the system by way of rendering a telecommunication service to any person other than the person carrying on the business; or |
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(d) |
for the use of telecommunication systems or telecommunication apparatus by the police, the armed forces and any other services directly employed by the State for national security in the performance of their official duties subject to the provisions of this Act:
Provided however, that they shall comply with such technical requirements as may be specified by the Commission; or
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(e) |
for the use of telecommunication systems or apparatus on board any warship or aircraft in the service of the State; |
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(f) |
for the use of any telecommunication system or apparatus in any foreign civil aircraft registered outside Sri Lanka, if such system or apparatus and the members of the crew of the aircraft who use such system or apparatus have been specially licensed in accordance with the requirements of any international convention for the time being in force as to the installation or use of such system or apparatus in aircraft. |
| (2) |
(a) |
Where a telecommunication system referred to in paragraph (c) of subsection (1) extends beyond the boundaries of an area corresponding to the premises occupied by the person operating the system, every person who on the date of coming into force of this section is operating such a system or on or after that date proposes to operate such a system shall, as a condition of operating that system- |
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(i) |
obtain a licence from the Commission for the type of telecommunication system being operated, or proposed to be operated, the location of the system and its boundaries; |
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(ii) |
comply with any provision of this Act or any regulations or rules made thereunder in respect of such system. |
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(b) |
A person who operates a telecommunication system in contravention of the provisions of paragraph (a) shall be guilty of an offence under this Act and may be prohibited by the Commission from operating such a system. |
| (3) |
(a) |
Where there is an agreement between a person who is operating a telecommunication system as is referred to in paragraph (a) (iii) or (c) of subsection (1) of this section and an operator, for the interconnection of their telecommunication systems such persons shall prior to interconnection obtain a licence from the Commission for such interconnection. |
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(b) |
A person who fails to comply with the provisions of paragraph (a) shall be guilty of an offence under this Act and may by prohibited by the Commission from continuing to operate such system. |
| (4) |
An operator may if he so desires request the Commission to monitor an interconnection referred to in subsection (3) in the interests of operational efficiency and technical standards and the Commission shall where so requested take appropriate measures to comply with such request. |
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Exemption from licensing & c. |
| 21. |
| (1) |
No person shall by way of trade, manufacture, import, sell, offer for sale, deal in, transfer, hire, lease, demonstrate, maintain or repair, any telecommunication apparatus, except under the authority of a licence issued by the Commission. An application for a licence under this subsection shall be made to the Commission in such form as may be determined by the Commission. |
| (2) |
Every licence issued by the Commission for any such purpose as referred to in subsection (1) shall- |
| (a) |
be for such purpose or activity or for such combination of purposes or activities as are specified in subsection (1); |
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(b) |
be under the hand of the Commission or an officer authorised by it in that behalf; |
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(c) |
be on the payment of such fee as may be specified by rules made in that behalf by the Commission; and |
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(d) |
be subject to such conditions and restrictions as may be determined by the Commission. |
| (3) |
The Commission may at any time revoke and determine any licence granted under this section on the breach of any of the conditions and restrictions to which it is subject or in the event of any default in the payment of any consideration payable thereunder or on the failure of the licensee to comply with any regulations made under this Act relating to the same. |
| (4) |
where the Commission- |
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(a) |
refuses an application made for a licence made under subsection (1); or |
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(b) |
revokes a licence under subsection (3), the applicant or the licencee may within one month after the date of the communication to him of the decision of the Commission appeal against such refusal or revocation, as the case may be, to the Court of Appeal which may on such appeal confirm or set aside the decision of the Commission. |
| (5) |
Every person who contravenes the provisions of subsection (1) shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding ten thousand rupees and in default of payment of such fine to imprisonment of either description for a term not exceeding three months. |
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Control and regulation of the manufacture, import & c. of telecommunication apparatus. |
| 22. |
| (1) |
No person shall use any radio frequency or any radio frequency emitting apparatus in Sri Lanka or in any part of the territorial waters of Sri Lanka or in any ship or aircraft registered in Sri Lanka, except under the authority of a licence issued by the Commission for that purpose under subsection (2). Every application for a licence under this section shall be made to the Commission in such form as may be determined by the Commission. |
| (2) |
Every licence issued by the Commission for any such purpose as is referred to in subsection (1) shall- |
| (a) |
be under the seal of the Commission or any officer authorized by the Commission in that behalf; |
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(b) |
be issued on the payment of such fee as may be determined by the Commission by rules made in that behalf: |
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Provided that the Commission may issue a licence under this subsection, to any- |
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i. |
foreign diplomatic mission in Sri Lanka; |
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ii. |
an Agency of the United Nations; |
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iii. |
any other international agency or organization as may be determined by the Commission from time to time; or |
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iv. |
police, armed forces or other service directly employed in the State for national security, in the performance of their official duties,without the payment of such fee; and |
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(c) |
be subject to such conditions and restrictions as may be determined by the Commission which may include the prohibition of the use including the sealing of, such radio frequency emitting apparatus in the event of the breach of any such conditions and restrictions. |
| (3) |
The Commission may at any time revoke and determine any licence granted under this section on the breach of any of the conditions and restrictions to which it is subject or in the event of any default in the payment of any consideration payable thereunder or on the failure of the licensee to comply with any regulations for the time being in force under this Act relating to the same. |
| (4) |
Where the Commission- |
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(a) |
refuses an application made for a licence made under subsection (1); or |
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(b) |
revokes a licence under subsection (3),
the applicant or the licences may within one month after the date of the communication to him of the decision of the Commission appeal against such refusal or revocation, as the case may be, to the Court of Appeal which may on such appeal confirm or set aside the decision of the Commission. |
| (5) |
A person who uses any radio frequency in contravention of the provisions of subsection (1) shall be guilty of an offence under this Act. |
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| 22A |
| (1) |
No person shall perform cabling work in any premises expect under the authority of a licence issued by the Commission for that purpose under sub section (2). Every application for a licence under this section shall be made to the Commission in such form as may be determined by the Commission. |
| (2) |
(2) A licence issued under subsection (1), shall be- |
| (a) |
in such form and on payment of such fee as may be determined by the Commission; |
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(b) |
subject to such terms and conditions as may be specified in such licence; and |
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(c) |
required to conform to such technical standards as may be determined by the Commission from time to time by rules made in that behalf. |
| (3) |
The Commission may at any time revoke and determine any licence granted under this section on the breach of any terms and conditions of the licence, or on the failure of the licencee to comply with the technical standards he was required to conform to. |
| (4) |
Where the Commission refuses an application made for a licence under subsection (1) or revokes a licence issued under subsection (3), the applicant or the licensee as the case may be, may, within one month after the date of the communication to him of the decision of the Commission, appeal against such refusal or revocation as the case may be, to the Court of Appeal, which may confirm or set aside the decision of the Commission. |
| (5) |
The prohibition imposed under subsection (1) shall not operate in regard to persons who are employed by a licence holder under this section, in performing cabling work, and who carries out such work under the supervision of the licence holder. |
| (6) |
Rules may be made under this section- |
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(a) |
specifying the type of premises in or on which a licensee may perform cabling work; and |
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(b) |
specifying the manner in which a licensee may supervise the work of any persons employed by him to perform cabling work. |
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