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.
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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.
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