|
Telecommunications
Act
|
| (Consolidated
Act as Act No 25 of 1991, as amended by the Sri Lanka
Telecommunications(Amendment) Act No 27 of 1996) |
| L.D.-O
14/96 [Certified on 23rd October, 1996] AN ACT TO PROVIDE
FOR THE ESTABLISHMENT OF THE TELECOMMUNICATIONS REGULATORY
COMMISSION OF SRI LANKA; FOR THE TRANSFER OF ALL PROPERTY,
RIGHTS AND LIABILITIES OF THE DEPARTMENT OF TELECOMMUNICATIONS
TO THE CORPORATION NAMED "SRI LANKA TELECOM"
ESTABLISHED BY ORDER UNDER SECTION 2 OF THE STATE INDUSTRIAL
CORPORATIONS ACT, No. 49 OF 1957; FOR THE REPEAL OF THE
TELECOMMUNICATIONS ORDINANCE (CHAPTER 192); AND FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO. BE it enacted
by the Parliament of the Democratic Socialist Republic
of Sri Lanka as follows :- |
| 1. |
This
Act may be cited as the Sri Lanka Telecommunications Act,
No. 25 of 1991 and the provisions of this Act other than
the provisions of section 72 shall come into operation
on the date on which this Act becomes an Act of Parliament.
The provisions of section 72 shall come into operation
on such date as the Minister may appoint by Order published
in the Gazette.
PART I ESTABLISHMENT AND CONSTITUTION OF THE TELECOMMUNICATIONS
REGULATORY COMMISSION OF SRI LANKA
|
Establishment
and Constitution of the Telecommunications Regulatory
Commission of Sri Lanka. |
| 2. |
(1)
(2) |
There
shall be established a Commission which shall be called
the Telecommunications Regulatory Commission of Sri Lanka
(hereinafter referred to as the "Commission")
which shall consist of the persons who are for the time
being members of the Commission under subsection (1) of
section 3 of this Act.
The Commission shall by the name assigned to it by subsection
(1), be a body corporate and shall have perpetual succession
and a common seal and may sue and be sued in such name.
|
- |
| 3. |
(1)
(2) |
The
Commission shall consist of-
| (a)
|
the
Secretary to the Ministry of the Minister, who shall
be the Chairman of the Commission |
| (b) |
the
person for the time being holding office as the
Director-General ; and |
| (c) |
three
members appointed by the Minister from among persons
who possess any recognized qualifications and have
distinguished themselves in the field of law, finance
and management respectively (hereinafter referred
to as "appointed members"). |
The
provisions of the Schedule to this Act shall have effect
in relation to the appointed members of the Commission.
|
Constitution
of the Commission. |
| 3A. |
| (1)
|
The
quorum for a meeting of the Commission shall be
three members one of whom shall be the Chairman
of the Commission. |
| (2) |
The
Chairman or in his absence the Director-General
shall preside at every meeting of the Commission. |
| (3) |
All
questions for decision at any meeting of the Commission
shall be decided by the vote of the majority of
the members present at such meeting. |
| (4) |
Subject
to the preceding previsions of this section, the
Commission may regulate the procedure in regard
to the meetings of the Commission and the transaction
of business at such meetings. |
|
Quorum
and meetings of the Commission. |
| 3B. |
No
act, decision or proceeding of the Commission shall be
deemed to be invalid by reason only of the existence of
any defect in the appointment of any member thereof. |
Validity
notwithstanding any defect. |
| 3C. |
The
members of the Commission may be remunerated out of the
Fund of the Commission, in such manner and at such rates
as may be determined by the Minister in consultation with
the Minister in charge of the subject of Finance. |
Remuneration
of the members of the Commission. |
| 3D.
|
| (1)
|
The
seal of the Commission- |
| |
(a)
|
shall
be determined and devised by the Commission and
may be altered in such manner as may be determined
by the Commission; |
| |
(b) |
shall
be in the custody of such person as the Commission
may determine from time to time; and |
| |
(c) |
shall
not be affixed to any instrument or document except
with the sanction of the Commission and in the presence
of two members of the Commission who shall sign
the instrument or document in token of their presence. |
| (2) |
The
Commission shall maintain a register of the instruments
and documents to which the seal of the Commission
has been affixed. |
|
Seal
of the Commission. |
| 4. |
The
Commission shall exercise its powers under this Act in
a manner which it considers is best calculated to promote
the national interest and in particular-
| (a) |
to
ensure the provision of a reliable and efficient
national and international telecommunication service
in Sri Lanka (save in so far as the provision thereof
is impracticable) such as will satisfy all reasonable
demands for such service including emergency services,
public call box services, directory information
services, maritime services and rural services as
may be considered essential for the national well
being; |
| (b) |
without
prejudice to the generality of paragraph (a), to
secure that every operator shall have and employ
the necessary technical, financial and managerial
resources to ensure the provision of the services
specified in his licence; |
| (c) |
to
protect and promote the interests of consumers,
purchasers and other users and the public interest
with respect to the charges for, and the quality
and variety of telecommunication services provided
and telecommunication apparatus supplied; |
| (d) |
to
maintain and to promote effective competition between
persons engaged in commercial activities connected
with telecommunication and promote efficiency and
economy on the part of such persons; |
| (e) |
to
promote the rapid and sustained development of telecommunication
facilities both domestic and international; |
| (f) |
to
ensure that operators are able to carry out their
obligations for providing a reliable and efficient
service free of undue delay, hindrance or impediment; |
| (g) |
to
promote research into and the development and use
of new techniques in telecommunications and related
fields; |
| (h) |
to
encourage the major users of telecommunication services
whose places of business are outside Sri Lanka to
establish places of business within Sri Lanka; and
|
| (i) |
to
promote the use of Sri Lanka for international transit
services. |
|
General
objects to be achieved by the Commission. |
| 5. |
For
the purpose of achieving the objects referred to in section
4, the Commission shall have the following powers, and
duties -
| (a) |
to
ensure that the telecommunication services in the
country are operated in a manner which will best
serve and contribute to its overall economic and
social development and advancement; |
| (b) |
to
advise the Minister in the granting of licences
to operate telecommunication systems under this
Act; |
| (c) |
to
advise the government on matters relating to telecommunication
including policies on tariffs, pricing and subsidies
and legislative measures required for the provision
of public telecommunication services; |
| (d) |
to
pay due regard to the public interest and the convenience
and wishes of the general public as regards the
telecommunication services provided by an operator; |
| (e) |
to
comply with such general policy directions as may
be given from time to time by the Minister regarding
the performance of the duties and exercise of the
powers of the Commission, and furnish such information
as may be required by him in accordance with the
provisions of section 67; |
| (f) |
to
take such regulatory measures as may be prescribed
to comply with any general or special directions
that may be given to it from time to time by the
Government of Sri Lanka in the interest of national
security, public order and the defence of the country; |
| (g) |
to
direct any operator to comply with requirements
laid down by the International Telecommunication
Union and other relevant International Organisations
in respect of both equipment and technical standards; |
| (h) |
to
ensure compliance by operators with international
or other obligations entered into by the Government
of Sri Lanka in relation to telecommunication; |
| (i) |
to
assist any Ministry where requested, in the conduct
of negotiations to establish agreements with the
International Telecommunication Union, other foreign
telecommunication operators and international telecommunication
organizations, regarding standards and procedures
for the establishment of a telecommunication system; |
| (j) |
where
so required at the request of the Minister or of
any other relevant Ministry, to represent the Government
in international conferences or international and
foreign bodies concerned with telecommunication; |
| (k) |
to
determine in consultation with the Minister, the
tariffs or methods for determining such tariffs,
taking into account government policy and the requirements
of the operators in respect of the telecommunication
services provided by the operators: provided that
the tariff rates, call charges and other charges
in force immediately prior to the transfer date
shall continue in force and shall be deemed to be
the tariffs specified under this Act, until revised
or amended under the provisions of this Act; |
| (l) |
to
approve interconnection charges and charges for
calls between licensed interconnected telecommunication
systems where operators of those systems are able
to agree on such charges, and to determine such
charges where operators are unable to agree; |
| (m) |
to
require operators of telecommunication systems to
adopt such accounting systems as may be approved
by the Commission; |
| (n) |
to
require any operator to submit to it transmission
plans, signalling plans, switching and numbering
plans and to approve or modify such plans as well
as to publish and ensure compliance with such plans;
|
| (o) |
to
specify technical standards and procedures for the
provision of telecommunication services; |
| (p) |
to
specify standards for the education and training
or technical manpower in telecommunication; |
| (q) |
to
approve types of telecommunication apparatus which
may be connected to a telecommunication system;
|
| (r) |
to
take such regulatory measures including the issue
of directives as may be deemed necessary to monitor
the quality of services provided by operators and
to ensure that these services conform to standards
relating to quality of service specified by rules
made under this Act; |
| (s) |
to
promote, in co-operation with the operators or otherwise,
research and development in telecommunication at
universities and research institutes in Sri Lanka;
|
| (t) |
to
establish such advisory bodies as may be deemed
necessary for the purpose of advising it on any
matter pertaining to the exercise, performance and
discharge of the powers, functions and duties of
the Commission under this Act; |
| (u) |
to
negotiate with any public corporation or other person,
for the prevention of any obstruction or interference
with a radio beam or any communication facility
or for the removal of any such obstruction or interference;
|
| (v) |
to
ensure the conservation and proper utilisation of
the radio frequency spectrum by operators and other
organisations and individuals who need to use radio
frequencies; |
| (w) |
to
make and enforce compliance with rules to minimise
electro-magnetic disturbances produced by electrical
apparatus and all unauthorised radio frequency emissions;
and |
| (x) |
to
do all such other acts which may be incidental or
conducive to, the attainment of the objects of the
Commission or the exercise or discharge of its powers
and duties under this Act. |
|
Powers,
and duties of the Commission. |
| 6. |
(1) |
In
the exercise and discharge of its powers and functions
under this Act, the Commission may conduct prescribed
technical examinations for the purpose of establishing
and maintaining such technical standards as may be deemed
necessary for the purpose of providing an adequate and
efficient telecommunication service. |
Commission
to conduct examinations to maintain technical standards. |
|
(2) |
In
giving effect to the provisions of subsection (1), the
Commission may appoint boards of examiners for the purpose
of conducting examinations.
|
|
(3) |
The
fees to be charged from candidates presenting themselves
for examinations shall be as prescribed. |
| 7. |
The
Commission may -
| (a)
|
for
the purpose of enabling the Commission to ascertain
the financial viability and true condition of the
affairs of an operator, by notice in writing require
such operator to furnish to the Commission within
such period as may be specified in the notice -
|
| |
(i) |
all
books and accounts of such operator deemed necessary
by the Commission for inspection; |
| |
and
|
| |
(ii) |
all
such information, whether technical, financial or
otherwise as may be required by the Commission for
the aforesaid purposes: |
Provided however
that the Commission shall treat as confidential all information
furnished to the Commission by the operator in compliance
with any such requirement;
| (b)
|
for
the purpose of exercising, performing and discharging
its powers, functions or duties under this Act by
notice in writing require any person - |
| |
(i) |
to
furnish to the Commission within such time and at
such place as may be specified in the notice any
document specified or described in the notice which
is in his custody or control; |
| |
(ii) |
to
produce for inspection any book, return, account
or record in his possession or control: |
Provided however
that a person referred to in this paragraph shall not
be compelled for any such purpose to produce any document
which he could not be compelled to produce in any civil
proceedings before a court.
|
Power
of Commission to require information and to inspect. |
| 8. |
As
soon as may be after the end of its financial year, every
operator shall prepare a report giving a true and fair
account of its activities, and of its income and expenditure
during the year together with an audited statement of
accounts for that financial year and shall forward such
report and statement of account to the Commission. |
Annual
reports and audited statement of accounts of operator. |
| 9. |
(1) |
Where
a subscriber to a telecommunication service or a member
of the public makes a complaint to the Commission in relation
to the telecommunication service provided by an operator,
the Commission may make such investigation as it may deem
necessary and shall cause such remedial measures to be
taken as the circumstances of the case may require. |
Commission
to inquire into complaints. |
| (2) |
In
the course of any investigation under subsection (1),
the Commission may direct such operator to take such steps
as appears to it to be necessary for the rectification
of any cause or matter which gave rise to the complaint,
and direct that financial redress be provided where appropriate.
|
| (3) |
Every
complaint made under subsection (1) shall be in writing
and shall set out clearly the reasons therefor. |
| 10. |
(1) |
The
Commission shall be the sole lawful body in Sri Lanka
to manage and control the use of the radio frequency spectrum
and incidental and restricted emissions, matters relating
to the geostationary satilite orbit and shall have the
power where it deems necessary to withdraw or suspend
its use or prohibit any such emission. |
Commission
sole authority to manage radio frequency spectrum. |
| (2) |
The
Commission shall be the sole lawful authority to negotiate
with the International Telecommunication Union or its
affiliated bodies on all matters referred to in subsection
(1). |
| 11. |
(1) |
Where
the Commission is satisfied that a person who is authorized
by a licence under section 17 to operate a telecommunication
system is contravening or has contravened any of the conditions
of his licence, the Commission may, subject to subsection
(2), make an order for the purpose of securing compliance
with that condition or may subject to subsection (3),
revoke any such order. |
Enforcement
of licence conditions. |
| (2) |
Before
making an order under subsection (1) the Commission shall
give notice -
| (a) |
stating
that it proposes to make the order and setting out
its effect; |
| (b) |
stating
the relevant condition of the licence and the acts
or omissions which, in its opinion, constitute or
would constitute contraventions of it; and |
| (c) |
specifying
the time (not being less than twenty eight days
from the date of publication of the notice) within
which representations or objections to the proposed
order may be made, |
and shall consider any representations
or objections which are duly made and not withdrawn.
|
| (3) |
Before
revoking an order made under subsection (1), the Commission
shall give notice -
| (a) |
stating
that it proposes to revoke the order and setting
out its effect; and |
| (b) |
specifying
the time (not being less than twenty eight days
from the date of publication of the notice) within
which representations or objections to the proposed
revocation may be made by any person interested
in such revocation, |
| and
shall consider any representations or objections
which are duly made and not withdrawn. |
|
| (4) |
A
notice under subsection (2) or subsection (3) shall be
given by publication in such manner as the Commission
considers appropriate for the purpose of bringing the
matters to which the notice relates to the attention of
persons likely to be affected by such notice and by sending
a copy of the notice to the operator affected by it. |
| (5) |
As
soon as practicable after an order is made under subsection
(1) or subsection (3), the Commission shall -
| (a) |
publish
the order in such manner as it considers appropriate
for the purpose of bringing the order to the attention
of persons likely to be affected by it; and |
| (b) |
serve
a copy of the order on the operator affected by
it. |
|
| 12. |
(1) |
On
representations made to it or otherwise, the Commission
may, where it deems necessary in the public interest,
that any matter relating to the exercise or the proposed
exercise of its powers, needs investigation or determination,
of its own motion, hold a public hearing. |
Public
hearing and procedure. |
| (2) |
The
Commission shall, where the Minister so directs in the
public interest, hold a public hearing in relation to
any matter relating to telecommunication specified in
such direction. |
| (3) |
For
the purpose of holding a public hearing under subsection
(1) or subsection (2), a committee of inquiry (hereinafter
referred to as the "committee") shall be constituted
which shall consist of the Chairman of the Commission
or any other officer nominated by the said Chairman who
shall preside at any meeting of such committee, and two
or more other officers to be nominated by the said Chairman
for that purpose. |
| (4) |
The
proceedings at any public hearing to be held by the committee
under this section may be conducted in any manner not
inconsistent with the principles of natural justice which
to the committee may seem best adapted to elicit proof
or information relating to the matter under investigation.
|
| (5) |
The
committee may require evidence or arguments to be presented
in writing and may decide the matters upon which it will
hear oral evidence or arguments. |
| (6) |
The
committee may at a public hearing admit or reject any
evidence adduced, whether oral or documentary and the
provisions of the Evidence Ordinance relating to the admissibility
of evidence shall not apply. |
| (7) |
Every
person who gives evidence before the committee shall,
in respect of such evidence, be entitled to all the privileges
to which a witness giving evidence before a court of law
is entitled in respect of evidence given by him before
such court. |
| (8) |
The
proceedings at a public hearing shall be open to the public
and minutes thereof including a summary of the evidence
given and a statement of all facts taken into consideration
shall be kept by the member presiding at the hearing.
|
| (9) |
The
committee shall determine the periods that are reasonably
necessary for the fair and adequate presentation of any
matter which is the subject of public hearing under this
section and may require those matters to be presented
within the respective periods so determined. |
| (10) |
Any
person who has been summoned or whose interests are likely
to be affected by any matter before the committee may
appear in person or by authorized representative. |
| (11) |
In
the event of a difference of opinion among the members
of the committee the decision of the majority shall be
the decision of the committee. |
| (12) |
During
or at the conclusion of a public hearing, the committee
may -
| (a) |
make
an order or award with reasons therefore relating
to the matter before it or part thereof, or give
a direction with reasons therefor; |
| (b) |
dismiss
any matter or part of a matter or refrain from further
hearing or from determining the matter or part thereof,
if it appears that the matter or part thereof is
trivial or vexatious or that further proceedings
are not necessary or desirable in the public interest;
|
| (c) |
generally
give all such directions and do all such things
as are necessary or expedient for the expeditious
and just hearing and determination of any matter
before it. |
|
| (13) |
Every
order or award made and every direction given in pursuance
of paragraph (a) of subsection (12) shall be published
in the Gazette, and a copy of every such order, award
or direction shall be served on each party to the public
hearing. |
| 13. |
(1) |
The
committee shall have power to summon to attend at a public
hearing held under section 12, any person who in the opinion
of the committee, may be able to give evidence in relation
to any matter before the committee or to produce any document,
and may examine him on oath or affirmation. Any person
so attending may be allowed reasonable expenses necessarily
incurred by him in so attending. |
Power
to summon persons to give evidence. |
| (2) |
If
any person summoned to appear before the committee-
| (a) |
fails
without reasonable cause to appear at the time and
place mentioned in the summons; or |
| (b) |
refuses
without reasonable cause to be sworn or having been
duly sworn, refuses or fails without reasonable
cause to answer any question put to him by the committee
or willfully gives a false answer to any such question;
or |
| (c) |
refuses
or fails without reasonable cause to produce before
the committee any documents which are in his possession
and which he has been required to produce, |
|
| such
person shall be guilty of the offence of contempt against
or in disrespect of the ruling of the committee. |
| (3) |
Where
the committee determines that a person has committed any
offence of contempt referred to in subsection (2) against
or in disrespect of its ruling, the committee may cause
the member presiding to transmit to the Court of Appeal
a certificate setting out its determination. Every such
certificate shall be signed by the member who presides
at the public hearing. |
| (4) |
In
any proceeding for the punishment of an offence of contempt
which the Court of Appeal may think fit to take cognizance
of, any document purporting to be a certificate signed
and transmitted to that Court under subsection (3) shall
-
| (a) |
be
received in evidence and be deemed to be such a
certificate without further proof unless the contrary
be proved; and |
| (b) |
be
prima facie evidence that the determination set
out in the certificate was made by the committee
and of the facts stated in the determination. |
|
| (5) |
The
Court of Appeal may in determining such question of law
confirm, vary or annul the order, award or direction of
the Commission or the committee, as the case may be, or
may remit the case to the Commission or the committee
with the decision of that Court on the question of law
with such directions as may be deemed appropriate. |
| 14. |
(1) |
An
order made by the Commission under section 11 and an order,
award or direction made by the committee under section
12 shall, subject to subsection (2) be final. |
Finality
of orders made under sections 11 and 12 to be subject
to appeal on a question of law. |
| (2) |
An
appeal shall lie by any person aggrieved from an order,
award or direction made under section 11 or 12 on a question
of law, to the Court of Appeal.
|
| (3) |
An
appeal under subsection (2), shall be by written petition
and shall -
| (a) |
be
presented in triplicate to the Commission within
thirty days after the date of the communication
by which the order, award or direction was notified
to the appellant; |
| (b) |
set
forth the order, award or direction of the Commission
or committee as the case may be and the question
of law to be argued; |
| (c) |
make
any necessary party a respondent to such appeal;
and |
| (d) |
be
accompanied by a fee of one thousand rupees. |
|
| (4) |
Where
a petition of appeal is presented to the Commission in
the manner and within the time specified in subsection
(3), it shall-
| (a) |
transmit,
or cause to be transmitted to the Court of Appeal
a copy of the petition together with the record
of the proceedings in which the order, award or
direction referred to in the petition was made or
given; |
| (b) |
issue,
or cause to be issued notice of the appeal to the
respondent named in the petition of appeal together
with a copy of that petition; and
|
| (c) |
file
or cause to be filed, of record a copy of that petition. |
|
| (5) |
The
Court of Appeal may in determining such question of law
confirm, vary or annul the order, award or direction of
the Commission or the committee, as the case may be, or
may remit the case to the Commission or the committee
with the decision of that Court on the question of law
with such directions as may be deemed appropriate. |
| 15. |
A
copy of any rule, order, award, direction or other document
made by or in the custody of the Commission and certified
by it to be a true copy thereof, or an order award or
direction made by the committee certified by the member
who presided at the meeting of such committee where such
order, award or direction was made to be a true copy thereof,
shall in any court be evidence of the rule, order, award,
direction or other document without proof of the signature
of the Chairman of the Commission or the member presiding
at such meeting of the committee, as the case may be. |
Evidence
of documents. |
| 16. |
Any
person who without lawful authority contravenes or fails
to comply with an order of the Commission under section
11 or an order, award or direction of the committee under
section 12, shall be guilty of an offence and shall be
liable on conviction after summary trial by a Magistrate
to a fine not exceeding one hundred thousand rupees and
in the event that the offence is continued after conviction
an additional fine of not exceeding one thousand rupees
in respect of every day the offence is continued after
conviction. |
Contravention
of an order, award or direction made under section 11
or 12. |
|
|
