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Telecommunications
Act
Cont...
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| 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. |
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(2) |
In
giving effect to the provisions of subsection (1), the
Commission may appoint boards of examiners for the purpose
of conducting examinations.
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(3) |
The
fees to be charged from candidates presenting themselves
for examinations shall be as prescribed. |
| 7. |
The
Commission may -
| (a)
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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 -
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(i) |
all
books and accounts of such operator deemed necessary
by the Commission for inspection; |
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and
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(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)
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for
the purpose of exercising, performing and discharging
its powers, functions or duties under this Act by
notice in writing require any person - |
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(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; |
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(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.
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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.
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| (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.
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| (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, |
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shall consider any representations or objections
which are duly made and not withdrawn. |
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| (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. |
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| 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.
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| (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.
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| (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;
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| (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. |
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| (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, |
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| 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. |
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| (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. |
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| (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
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| (c) |
file
or cause to be filed, of record a copy of that petition. |
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| (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. |
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