71
Telecommunications (Private Network Licensing) Regulations
SAINI' LUCIA
No. 12 of 2002
ARRANGEMENI' OF REGULATIONS
RegulmioJl
1, Citation
2. C()mmenCI,..'llH~nt
3. Interpretation
4. Obligation to givcinHmnation
5. Signingofapplications
6. Procedures fordealing with amende-<i infoDUlltion
7. Limits to disclosure
8. Prohibition
9. Resale of excess capacity on private telecommunications network
10. Bypass prohibition
11. Messages to cease
12. Safeguard fOfcontidcntiality
l3. Restriction on unfair practices
14. Notice of violation
15. Notification ofrevoCJtion
16. Revocation oflicence
17, Reporting obligntions
SCHEDULE
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Teieconlfmmications (Private Network Licensing) Regulations
SAINT LUCIA STATUTORY INSTRUMENT, 2002, No; 12
[ 3rd March, 2002 ]
[n exercise of the power conferred under section 74 of the Telecommunications Act, 2000,No.27, the Minister respollsible for TelecoJllmunicatiol1s makes these Regulations:
Cib.tion
1. These Regulations may be cited as the Telecommunications (Private Network Licensing)Regulations, 2002.
Commencement
2. These Regulations shall be deemedto have come into force onlho Ist day ofApril, 200 I.
Inicqlretntioll
3. In these Regulations:
"Act" means the Telecommunications Act 2000, No. 27;
"affiliate" means a relationship between two entities, in which one of them directlyor indirectly owns more 1han lifty percent of the capital stPck of, or controls the other cntity;
"bypass" means conduct comprising:
(a) the passing of an international voice service (including a reconstructahle voice service as part ofa dala or mixed voice! data service) without passing through the intt~national gateway switch ofa licensed intcmational voice network operator; or
(b) the tenninatiotl ofintcmational vpice services over the domestic public switchcdtelecommunieationsnetwotk'byupersoll who' does not originate the call or possess a valid interconnection agreement with that domcsticnetwOl'k operatorwith respect to intomational voice services;
"capital stock" includcs all tonus of equity ownership and pal111crship interests;
"contror' JllCallS control in whatever form exercised and is not limited to majority stock ownership, and includes direct or indirect controltlmlUgh intervening subsidiaries;
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74 Telecommunications (Private Network Licensing) Regulations
"licensee group" meartsthe licensee, its,parent orsubsidiaries,and any affiliate comprising the users of the private telecommunications network;
"Minister" means Minister responsible for Telecommunications;
"private leased circuit" means atelecommullications facility which isprovidedbymeans ofoneormore.publictelecommrntications networks for the conveyance ofmessages between points,all of which are .points ·of connection between those telecommunications systems and other telecommunications systems. Such a communications facility is made available to persOlls whereby messages transmitted at any ofthe points of connection, are received atevery suchpoint, and are fixed by the mallller in which the communications facility is installed, and call1lot otherwise be selected by a person or a telecomlllunieations apparatus sendingmessages bymeans of the facility.
Obligation to give information
4. In any application for a licence to establish or operate a private telecommunications network, the applicant shall include with that application the informatiollspecified in the Schedule.
Signing ofapplications
5.-- (1) The applicant shall submit a statement to the Commission in writing specifying the date on which it desires to put the private telecomtn111lications network intooperation which shall be at least 30 days after the date of that application.
(2) The information referredto in sub-regulation (I) shallbe sil,'11cd by:
(a) an officer ifthe licensee is a member of an nnincorporated associtHlon;
(b) an officer or duly authorized employee if the licensee is a company or other bnsiness entity;
(e) one of the partners if the licensee is a partnership; and
(d) the licenseepersonally ifan individual.
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Telecommunications (Private Network Licensing) Regulations
Procedutefordealingwith amended informntion
6. Alicensee shaUforward updated information to the Commission within thilty daysfrom effectinganymajorchange in informationoriginally submittedby submittillga statementwiththeadditional intonnation and a declaration on the mmiversary date of the submission of the original statement, specifying the truth and accuracy oithe infonnation.
Limits to disclosure
7.- (l) The Commission shall maintain a list of persons or entities licensed to establish and operate a private telecommnnications network under these Regulations, and shall make that list and any information referred to in regulations 5 and 6 available for public inspeciion at its principal office.
(2)Notwithstanding sub-regulation(l) confidential information shall notbe disclosed to members ofthe pnblic.
Prohibition
8.- (I) A private telecommunications nctwork shall onlv be established or operated by means of:
(a) telecoJIlmunications facilities provided by a person licensed to operate a public switchedtelecommwlications network; or
(b) teiecoJIlJIluttications facilities in respect ofwhich a licensee is licensedto. opera t",.
(2) A private telecommunications network operator who uses facilities under sub-regulation (I) above shall110t be inter-connected to the public switched telecommunications network.
(3) A licenceto establish and operate aprivate telecommunications network shalt not as a condition of that licence, restrict the services' provided to the licensee by itselfto voiceU'affic or data traffic, or similar limiteduse.
Resale ofexcess cap~lcity OIl private telecommunications network
9.- (1) A licensee ofa private telecommunications network shall be entitled to:
(a) cede or assign the rights to use excess capacity on private telecolIlmunications networkfacilities;
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Telecommunications (private IV
(b) resell excess capacity on pr facilities; or
(c) sublet or surrender controL networkfacilities ona.long
(2) Where a licensee resells it surrenders control of, its private tele ("resale"), that resale mnst ;
(a) be incidelltalto thepurpos network;
twork Licensing) Regulations
vate telecommunications network
ftbe privatetelecommullications term basis;
excess capacity on or sublets or ommullications network facilities
ofthe private telecommunication
(b) offered only to licensed op' rators; and
(e) not prevent the rightful and proper use of the private telecommunications nelw rk by any member of the licensee group.
Bypass prohibition
10. A person shall notengage bypass.
Messages to cease
11. Where a private·telecomm micatiolls network is used for the purpose of advertising the sale of g ods, services or any other thing by sending messages to the number of' n cnd-user a licensee who receives a reqnest from that end-user to ceas· sending such messages. shall cease forthwith.
Safeguard for confidentiality
12. A lieensee shall take all re sonabl. steps to ;
(a) ensure the accuracy and reI ability ofany metering system lIsed in connection with a priva e telecommunications network;
(b) keep recordsofall meterin which shallbe made available to the Commission, upourequest
(e) safeguard information acq ired bythe licensee inl'clation to the conveyances ofcommuti.i alions; rind
(d) safeguard the privacy and c nfidentialiiy ofany communications conveyed relating to the p ivate telecommunications network.
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Tefecommunications (Private Network Licensing) Regulations
Restriction OIl unfair pra:dic'es
13. - (1) A licensee shall not, whether by any act or omission, do anything which resnlts in or is intended to have, oris likely to have the effectofdistorting, preventing or restricting competition inthe course of, 01' as a result of, or in connection with thecstablishmentor operation of a private telecommunications networklicensed under these Regulations.
(2) No public tdecommunications operator shall disconnect or suspend service to any operator ofaprivatetelccommunications network for any reason other thun :
(a) as required by law or pursuant to any order issued by the Commission; or
(b) in accordance withthe terms .ofany contractror thepr.ovision of that, service; or
(c) ifthe operator believes .on reasonable grounds that the private operator is engaging in bypass.
Noticeof violation
14.- (I) Where there are reasonable grounds to suspect that a licensee holding a private telecQmmunicatiQns network licence violates allY provision o[the Act orRegulations, the licensee shall be servedwith a written notice by the Commission requesting an explanation of the alleged violatiml.
(2) The licensee shall submita written answer in duplicate to the Commission within 7days frQm receipt Q1'lhenOlioe, orduring such other period as may be specified Inlhe nolice.
(3) Where an answerC3nnot be furnished within the speei fied period due to unavoidable circumstances, the licensee shall acknowledge the notice and request extension of time setting i:cll'lh in the letter of acknowledgement, a satisfactory explanation for the delay and the reasons for the extension.
Notiticatioll ofrevocation
15. Before revoking a license, the Commission shall give the licensee written notice of its intention to do so, and provide the licensee a period of not less than 28 days from the datc .of the notice in which to make representations in relation to such proposed revocation.
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Telecommunications (Priyate Network Licensing) Regulatiolls
Revocation oflicence
16. The Minister mayan the advice of the Commission revoke a licence held by a: licensee which relates to all or any patt of a private telecommunications network established or operated by that licensee in the following circumstanceswhere :
(a) the licenseehas repeatedly or willfully engaged in bypass;
(b) the Commission has given the licensee not less than 30 days notice ill writing that failure by (heliconsee to comply with a directive within thatperiod would result in the !"evocation ofthe licence in respect of that licensee or of all or any part of the private telecommunications network operated bythat licensee;
(c) the Jicens~e fuils to secure thereguired frequency authorization in respect ofradiocommunicatiorts equipmentwhich is part of theprivate telecommunications network;
(d) the licensee has failed to comply with a final order of the Commission;
(e) the licensee is convicted of committing all offence under the Act; or
If) theMinisterdeterrnines that revocation ofthelicence is required in respect of the licensee in the interests ofnational security.
Reporting obligations
17. A licensee shall keep, maintain and provide to the Commission annual traffic reports relating to theutilization and disposal ofany excess capacity on a private telecommunications network that has been sold pursuant toregulatioll 9.
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SCHEDVLE
(Regulation 4)
INfORMATION REQUIRED fOR SUBMISSION BHJ:ORE ESTABLISHING r\ rRtVATE
TELTiCOMMIJNICATIONS NEIWORK
1. The licensce shall submit the following information:
(a) A description ofthe nature and purpose of dIe service to bc provided by the proposed private telecommunications network, including:
(i) a description of tenninal equipment comprising the private telecommunications networkincluding the equipment tobe uscd ,md to be provided by 'the liceIlSee;
(ii) a detailed description of teelufical aspects of proposcd private telecommlmicatioJls network including but not limited to a descriptive configuration of the proposed private tele communications netvlOrk;
(iii) a statement certifying that the equipment complies with type approvalrequiremellts in Saint Lucia including a statement of compliance from a recognized approval agcncy;
(iv) full details of the premises where (he elements of the proposed private telecommunications networkwillbe located;
(v) the areaofoperation ofthe proposed private telecommunications network; and
(vi) Ule public telL'Communication systems orprivate leased circuit to which the private telecommunications network is to be connected:
(b) A description of the members,ofthe licensee group;
(e) A list of any other countries that are signatories to the Eastem Caribbean TelecomIU1mications Authority Agreement, where the applicant intends to apply for or has applied for, or has becn gnmled all individual licence, a class licence, a fi-equency authorization or a cable landing licence;
(d) Any infonnation deemed reievmlt by the applicant;
(e) A statement thal the licensee intends to establish and opemle a private telecommunications network;
(I) A ,tatement whether any individual or class licence t(J pr(Jvide facilities or services in Saint Lucia or a frequency authorization to utilize frequencies in Saint Lucia has previonsly been granted to the licensee under the Act, and if so a general description of the eateg(Jrics of facilities, services or frequency so authori"ed;
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Telecommunications (Private Network Licensing) Regulations
(g) The E-Mail address, name, post office address, telephone number and title of the licensed registered office;
(h) The E-Mail address, name, post office address, telephone num!;>er and the title of the officer and any olher contact pcn;on .10 whom correspondence cOI1ccming the licence is to be addressed, ;
0) 111e following <tetails wherethe private telecommunications network is to be connected wany private leased circuit provided by a satellite system using a verysmaH aperture terminal (also kno\y1HLs VSAT):
(i) the antenna, faeility site, identification numbers, antenna identification ,number" manufacturer and model, number of the antcIllin, nnmber ot antenna to be used by the private telecommunications network, antenna size in meters, antenna gain bodl transmit andlor gain receive expressed in C_____ d Bi at- GHzwith respect to the VSAT earth smtium antenna to be used by the private teleeommunications network;
(ii) the destination points inSaint Lucia and any foreign country for the private telecommunications network cDmmunications using Ihc satellite;
(iii) the frequency coordination limits of Ule VSAT;
(iv) the maximum antenna heigh tand maxim1l!11 power limit for each antenna;
(v) thc palticulars ofoperalion for each RF.ean·icr for each antcnna;
(vi) thc satellite name and orbit location; and
(vii) a statement that the licensee will cooperate with any other licensee whose VSAT operation is potentially 01' adversely affected by the first mcntionedlicensee's operation, in .order to reach an agreement in good faith, for modification of power density levels in either or both systems, and to facilitate operations withoul'harniful intctfcrence;
Gl The pat1iculm~ of the international simple resale bearer cirellit and other telecommunication system where the private tele communications network is to be connected to that international simple resale bearercircuit;
(k) The State or tenitory where the corporation, parlllen;hip or other business enterprise is incorporated; and
(I) Whether the licensee is a partaersltip, corporation or other bnsiness enterprise.
2. For the purpose ofparagraph 1 (i), (iii) the frequency coordination limits ofthe VSAT includes:
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Telecommunications (Private Network licensing) Regulations
(a) antenna elevation angles;
(b) earth station azimuth angles;
(e) frequency limits inlvfHz;
(d) satellite arc ranges; and
(e) the maximum En,p density toward thehorizon (dBW/4kHz).
3. For the purpose ofparagraph 1(i) (Iv) the maximum antenna height and the ma.ximum power limit for each antelma includes the:
(a) building height above ground level in meters:
(b) maximum antenna height above roof-top in meters;
(e) ma.ximum antenna height in meters above ground level and above mean sea level;
(d) total EIRP for all cruriers, e:.pressed in d BW; and
(e) total input power at antenna flange, expressed in watts.
4. For the purposes ofparagraph I (i) (v) the particulars operation for each RF. carrier for each antenna includes:
<aJ a description oflhe modulation technique.,; and services provided;
(b) antenna polarization (H,V,L,R);
(c) emission designator;
(d) the frequency bands used (MHz);
(e) maximum ElR]> density per-carrier (dBWi4kflz);
(I) maximum ElRP per-carrier(dBW); and
(g) transmit!receivemode.
Made this 20th day ofFebruary, 2002.
FELIX FlNISTERRE, Minister responsible for Telecommunications.
SAINT LUCIA PRINTED BY THE GOVERNMENT PRINTER;\T nlE GOVERNMENT PRJNTtNG OFFICE
CASTR1F.S 20()2 { Price: S,.50 !