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Telecommunications
Act
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PART
II
LICENSING
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| 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)
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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)
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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)
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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)
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any
other telecommunication system specified in
the licence; and |
| (ii)
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any
apparatus so specified in the licence; and |
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(f)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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which
is not connected to another telecommunication system
and where a single individual runs such system and- |
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(A)
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all
the apparatus comprised therein is under his control;
and |
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(B)
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everything
conveyed by it is conveyed solely for his own domestic
purposes; or |
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(b)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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comply
with any provision of this Act or any regulations
or rules made thereunder in respect of such system. |
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(b)
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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)
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Every
licence issued by the Commission for any such purpose
as referred to in subsection (1) shall- |
| (a)
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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)
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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)
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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)
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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)
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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-
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| (a) |
be under the seal of the Commission or any officer
authorized by the Commission in that behalf; |
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(b)
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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)
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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.
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| (3)
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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)
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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)
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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)
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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)
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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)
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specifying
the type of premises in or on which a licensee may
perform cabling work; and |
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(b)
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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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