TELECOMMUNICATIONS ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Objects of Act

 

PART II
Administration

   4   Functions of Office

   5   Duty of Office to refer matters to the Fair Trading Commission

   6   Ministerial directions

   7   Obligation for secrecy

      Information not to be regarded as confidential

   8   Numbering

 

PART III
Licensing of Telecommunication Services

   9   Licence required for provision of specified service

   10   Ministerial directions to Office re: licences, etc

   11   Application for licence

   12   Application fees

   13   Grant of licence

   14   Suspension or revocation of licence

   15   Renewal of licence

   16   Regulatory fees

   17   Assignment of licences and transfer of control of licensees

   18   Customer equipment

   19   Register and inspection of licences

 

PART IV
Spectrum Manangement

   20   Regulation of use of spectrum

   21   Spectrum Management Authority

   22   Allocation of spectrum

   23   Licence for use of spectrum

      Suspension or revocation of spectrum licence

   24   Saving re: existing users

   25   Use of spectrum

   26   Spectrum regulatory fee

 

PART V
Interconnection

   27   Interpretation

   28   Determination of dominance

   29   Obligation to grant interconnection

      Infrastructure sharing

   30   Interconnection by dominant carrier

   31   Determination of term or condition

   32   Filing of offer by dominant and other carriers

   33   Principles to guide determination of prices

   34   Pre-contract disputes

   35   Competitive safeguards

   36   Indirect access

   37   Number portability

      Office may set interim rates and charges for wholesale and retail services

 

PART VI
Universal Service

   38   Principles governing provisions of universal service

      Universal Service Fund

   38B   Objectives of Fund

   38C   Establishment of Board of Management of Fund

   38D   Funds, resources and expenses of Fund

   38E   Accounts

   38F   Reports on Fund

   38G   Returns, etc

   39   Obligation to provide universal service

   40   Designation of universal service provider

   41   Obligation of universal service provider

   42   Modification of universal service obligation

      Use of universal service levy

 

PART VII
Consumer Protection

   43   Interpretation

   44   Quality of service

   45   Restriction on power of licensee to refuse to provide facilities and services

   46   Price cap restrictions

   47   Privacy of customer information

   48   Obligations re: public telecommunication services

   49   Improper use of service or facility

 

PART VIII
International Services

   50   International service rules

   51   Rights of carriers and service providers

   52   Services to be treated as voice services

 

PART IX
Powers and Immunities of Carriers and Service Providers

   53   Access to crown lands

   54   Access to land or facilities of other carrier

   55   Enforcement of access

   56   Powers of Minister

 

PART X
Certification Standards

   57   Certification standards

 

PART XI
Telecommunications Advisory Council

   58   Establishment of Council

   59   Functions of Council

 

PART XII
Review of Administrative Decisions

   60   Reconsideration by Minister, Office or Authority

   61   Establishment of Tribunal

   62   Appeal to Tribunal

 

PART XIII
Enforcement

   63   Power of the Office to issue cease and desist orders

      Power of Authority to issue cease and desist order

   63B   Fixed penalty offences

   64   Contents of cease and desist orders

   65   Application for enforcement

   66   Powers of Court

   67   Civil liability

 

PART XIV
Offences

   68   Interpretation

   69   Offence re: trespass, interference, etc

   70   Seizure and forfeiture apparatus, etc

 

PART XV
General

   71   Office may make rules

      Office may forbear enforcement

   72   Regulations

      Power of Minister to amend monetary penalties

   73   Agreements not affected by Fair Competition Act

 

PART XVI
Amendments to Other Acts

   74   Amendments to Radio and Telegraph Control Act

 

PART XVII
Repeal and Transitional

   75   Repeal of Telephone Act

   76   Saving of licence

   77   Interpretation

   78   Licences during Phases I, II and III

   79   Resale of international minutes

   80   Resale of domestic minutes

   81   Commencement of price caps

   82   Exemption

   83   Deferment of rules

   84   Savings

   85   Transitional

      SCHEDULES

 

THE TELECOMMUNICATIONS ACT

[Date of Commencement: 1st March, 2000]

Acts
1 of 2000,
17 of 2006,
4 of 2012.

PART I
Preliminary (sections 1-3)

1   Short title

   This Act may be cited as the Telecommunications Act.

2   Interpretation

   (1) In this Act, unless context otherwise requires-

   "appointed day" means the date of connection of this Act;

   "assign" means transfer, sell or otherwise dispose of in any manner;

   "Authority" means the Spectrum Management Authority established under section 21;

[4/2012 s 2(a).]

   "authorised officer" means-

   (a)   for the purposes of section 4(1), a member of the Jamaica Constabulary Force or the Island Special Constabulary Force and any member of staff of the Office or any other person authorised by the Office to assist it in the performance of its functions under this Act;

   (b)   for the purposes of section 23A(9), a member of the Jamaica Constabulary Force or the Island Special Constabulary Force and any member of staff of the Office or any other person authorised by the Authority to assist it in the performance of its functions under this Act;

[4/2012 s 2(a).]

   "Board" means the Board of Management of the Universal Service Fund established under section 38C;

[4/2012 s 2(a).]

   "broadcasting" means either sound broadcasting or television broadcasting or both;

   "bypass operations" means operations that circumvent the international network of licensed international voice carrier in the provisions of international voice services;

   "carrier" means a person who is granted a carrier licence pursuant to section 13;

   "closed user group" means, in relation to a person, that person and the person's employees and officers;

   "connection" means wireline and wireless connection;

   "Court" means the Supreme Court of Judicature of Jamaica;

[4/2012 s 2(b).]

   "customer" means a person who is provided with a facility or specified service by a service provider or carrier and includes the end user of that service or facility;

[4/2012 s 2(b).]

   "customer equipment" means all equipment, whether mobile or fixed, that is used on the customer side of the network termination point;

   "data service" means a specified service other than a voice service;

   "dealer" means a person who is granted a dealer licence under section 13;

   "domestic service" means a specified service that is provided between one or more points in Jamaica but does not include a transit service;

   "existing telecommunications carrier" means Cable & Wireless Jamaica Limited and includes any wholly owned subsidiary or any successor or assignee of that company;

   "facility" means any physical component of a telecommunications network (other than customer equipment) including-

   (a)   wires, lines, poles, ducts, sites, towers, satellite earth stations or any other apparatus using the radio spectrum;

   (b)   submarine cables and other tangible resources used in the provision of a specified service;

   "fixed network" means a telecommunications network that is not a mobile network;

   "functions" includes duties and powers;

   "intelligence" means signs, signals, writings, images, sounds or intelligence of any nature;

   "interconnection" means the physical or logical connection of public networks of different carriers;

[4/2012 s 2(c).]

   "international service" means a transit service or a specified service between points in Jamaica and points outside Jamaica, or with ships at sea and small vessels in coastal waters;

   "internet access" means access to the Internet or any similar global system for linking networks together using, as the basis for communications, transmission protocols or internet protocols or any protocols amending or replacing them;

   "licence" means a licence other than a spectrum licence, granted under this Act and "licensee" shall be construed accordingly;

[4/2012 s 2(d).]

   "mobile network" means a telecommunications network used to provide specified services that-

   (a)   permits a user to move continuously between places (including places accessing that network through different mobile base facilities) during the provision of a single call; and

   (b)   does not require physical contact between the network and the customer equipment;

   "network termination point" means the point designated by a carrier for connection by a customer of equipment to that carrier's network;

   "the Office" means the Office of Utilities Regulation established under the Office of Utilities Regulation Act;

   "prescribed equipment" means such facility or customer equipment as may be prescribed;

   "public network" means a telecommunications network used by any person to provide specified services to the public and includes a network whereby the public can send or receive telecommunications services to or from-

   (a)   anywhere in Jamaica; or

   (b)   anywhere outside of Jamaica,

and includes a network commonly known as a public switched telephone network;

   "resale" means an activity whereby a person subscribes to or acquires the use of another person's specified services and then re-offers those services to any other person, and "reseller" shall be construed accordingly;

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