- ARRANGEMENT OF SECTIONS
- PART I: Preliminary
- PART II: Exclusive Right of the Crown
- PART III: Regulators of the Telecommunications Sector
- PART IV: Licensing requirements in respect of public telecommunications
- PART V: Licensing requirements in respect of private telecommunications
- PART VI: Network Interconnections and Reference Interconnection Offers
- PART VII: Universal Service Obligation
- PART VIII: Rates
- PART IX: Spectrum Management
- PART X: Numbering for Telecommunications Carriers
- PART XI: Technical Standards for Telecommunications Equipment and Technicians
- PART XII: Radiocommunications
- PART XIII: Compliance
- PART XIV: Offences and Penalties
- PART XV: Construction Works By Carriers
- PART XVI: Review of Decisions
- PART XVII: Miscellaneous
- PART XVIII Transitional Arrangements
- SCHEDULE: Transitional Arrangements
CHAPTER 282B
TELECOMMUNICATIONS
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary Exclusive Right of the Crown
3. Exclusive right with respect to telecommunications services. PART III
Regulators of the Telecommunications Sector THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
SECTION
PART IV
Licensing requirements in respect of public telecommunications Licensing requirements in respect of private telecommunications SECTION
PART VI
Network Interconnections and Reference Interconnection Offers Universal Service Obligation Rates THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
SECTION
PART IX
Spectrum Management Numbering for Telecommunications Carriers
50. Specific guidelines. PART XI
Technical Standards for Telecommunications Equipment and Technicians SECTION Radiocommunications Compliance THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
SECTION Offences and Penalties SECTION Construction Works By Carriers Review of Decisions THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CHAPTER 282B
TELECOMMUNICATIONS
An Act to make provision for the management and regulation of 2001-36. telecommunications in Barbados, to ensure inter alia [30th September, 2002] Commence
ment. 2002/110.
THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
ss.1-2
PART I
Preliminary
Short title. 1. This Act may be cited as the Telecommunications Act.
Interpreta-2. In this Act, tion.
"affiliate", in relation to a company, means an affiliated body corporate Cap. 308. within the meaning of section 440 of the Companies Act;
"broadcasting" means the one-way transmission of sound images or other programming to the general public on any basis, and whether delivered by radio waves, cable, terrestrial or satellite means, or by other electronic delivery;
"bypass" means "Cable & Wireless BARTEL Limited" means a company incorporated Cap. 308. as such under the Companies Act;
"Cable & Wireless BET Limited" means a company incorporated as such under the Companies Act;
"Cable & Wireless Caribbean Cellular (Barbados) Limited" means a company incorporated as such under the Companies Act;
s.2
"carrier" means a person who has been granted a licence by the Minister pursuant to this Act to own and operate a public telecommunications network;
"Chief Telecommunications Officer" means a public officer appointed as such under the Civil Establishment Act;
"Commission" means the Fair Trading Commission established under the Fair Trading Commission Act;
"Convention" means the International Telecommunication Convention adopted in Nairobi in November 1982 to which Barbados is a party;
"Court" means the High Court;
"customer equipment" means "document" has the meaning assigned to it by section 2 of the Evidence Act;
"domestic telecommunications service" means a telecommunications service that is provided between one or more points in Barbados but excludes a transit service or a mobile telecommunications service;
"emergency numbers" means numbers assigned to the police, fire, ambulance or other like services for use by the public in reaching those services in an emergency;
"existing carrier" means in respect of domestic telecommunications, Cable & Wireless BARTEL Limited, in respect of international telecommunications, Cable & Wireless BET Limited, and in respect of mobile telecommunications, Cable & Wireless Caribbean Cellular (Barbados) Limited;
Cap. 21.
Cap. 326B.
Cap. 121.
THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
s.2
"existing service provider" means "facility" means any physical component of a telecommunications network including wires, lines, poles, ducts, towers, satellite earth stations or any other apparatus using the radio spectrum, submarine cables, and other tangible resources used for the provision of a telecommunications service, but does not include customer equipment;
Cap. 282A. "former Act" means the Telecommunications Act, 1991;
"frequency band" means a continuous frequency range of electromagnetic spectrum;
"harmful interference" means any form of emission, radiation induction or other electromagnetic effect that endangers the functioning of a radio navigation service or other safety service, or seriously degrades, obstructs or repeatedly interrupts any telecommunication or radio communication service operated in accordance with the provisions of this Act;
"interconnection" means the linking of public telecommunications networks to allow users of one licensed carrier to communicate with users of another licensed carrier;
"interconnection provider" means a carrier that provides an interconnection service;
s.2
"interconnection service" means a service provided as part of the obligation to provide interconnection under Part VI;
"international telecommunications service" means a telecommunications service that is provided from points in Barbados to points outside of Barbados and from points outside of Barbados to points in Barbados, or is passing in transit through Barbados and from or to ships at sea and small vessels in coastal waters but excludes a mobile telecommunications service;
"licence" means a licence referred to in this Act;
"licensee" means a person who is the holder of a valid licence granted under this Act;
"mobile telecommunications network" means a telecommunications network used for the provision of mobile telecommunications services that "mobile telecommunications service" means a telecommunications service consisting of the emitting, transmitting, switching, conveying or receiving of messages within, into or from Barbados by means of a mobile telecommunications network;
"network termination point" means the point of connection forming part of a telecommunications network designated by a carrier for connection by a customer of customer equipment to that carrier's network;
"person" includes an individual, a partnership, an unincorporated organisation, a Government or Government agency;
THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
s.2
"prescribed fee" means such fee as the Minister responsible for Finance prescribes by order;
"private telecommunications network" means a telecommunications network that is "private telecommunications service" means a telecommunications service used solely by a person or group of affiliated persons, using a private telecommunications network;
"public telecommunications network" means a public switched telecommunications network owned and operated by a carrier for the provision of telecommunications services to the public;
"radiocommunications" means telecommunication by radio waves;
"radiocommunications apparatus" or "radio apparatus" means any apparatus designed or adapted for use in transmitting or receiving radiocommunications including apparatus in a vehicle, vessel, aircraft or on board a satellite, buoy or beacon;
"radiocommunications service" means a service performed and the facilities provided in connection with the transmission and reception of radiocommunications;
"radiocommunications station" or "radio station" means one or more radio transmitters or receivers or a combination of such transmitters and receivers including the accessory equipment necessary at one location for carrying on a radiocommunications service;
s.2
"radio navigation service" means a service for determining the position, velocity or other characteristics of a vessel or the obtaining of information relating to the position, velocity or other characteristics of the vessel by means of the propagation properties of radio waves;
"Reference Interconnection Offer" or "RIO" has the meaning set out in section 26;
"resale" means an activity whereby a person subscribes to, or contracts with, a licensed carrier or service provider for the use of specified services of that licensed carrier or service provider and then re-offers those services to any person;
"satellite receiver" means an apparatus adapted for the reception only of sound and images from a radiocommunications service and transmitted by means of a satellite;
"service provider" means a person granted a licence by the Minister pursuant to this Act to provide telecommunications services to the public;
"spectrum" means electromagnetic spectrum;
"Spectrum Plan" means the National Spectrum Management Plan referred to in Part IX;
"technician" means a person who is certified in accordance with this Act to connect customer equipment to the public telecommunications network or to install, maintain and repair wiring on the customer's side of the network termination point;
"telecommunications" means any form of transmission, emission or reception of signs, text, images, sounds or other intelligence of any nature by guided or unguided electromagnetic, electrochemical or other forms of energy including by wire, radio, optical, electromagnetic spectrum or by way of any other technology, whether as between persons and persons, things and things, or persons and things;
THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
s.3
"telecommunications apparatus" means any apparatus used for the transmission or reception of telecommunications;
"telecommunications network" means any wire, radio, optical or other electromagnetic network used to route, switch, or transmit telecommunications;
"telecommunications service" means a service that comprises the emitting, transmitting, switching, conveying or receiving of messages within, into or from Barbados by means of a telecommunications network;
"transit service" means a service provided to or by any international carrier which facilitates the passing of traffic through telecommunications facilities of licensed carriers where that traffic does not terminate in Barbados;
"universal service carrier" means a carrier in relation to which a declaration is in force with respect to the universal service obligation pursuant to Part VII;
"universal service obligation" means the obligation set out in section 33;
"VSAT" means very small aperture terminal satellite facility.
PART II
Exclusive Right of the Crown
Exclusive 3. Subject to this Act, the Crown reserves the exclusive right to
right with
provide telecommunications services in Barbados.
respect to telecommunications services.
s.4
PART III
Regulators of the Telecommunications Sector
4. (1) The Minister shall have responsibility for the management Powers and
duties of
and regulation of telecommunications in Barbados.
Minister.
(2) In furtherance of his powers and duties under subsection (1), the Minister shall THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
ss.5-7.
Delegation.
Functions of Commission.
Cap. 326B
Cap. 282.
Cap. 326B.
Cap. 282.
Protection of confidential information. 5. The Minister may by instrument in writing delegate to any public officer such of the Minister's powers and duties as the Minister considers necessary; but such delegation shall not prevent the Minister from exercising any of his powers or duties.
6. (1) The Commission shall 7. (1) The Minister shall take all reasonable steps to ensure that the information submitted to him, and to every person concerned with the administration of this Act, in respect of licensees and applicants for licences granted under this Act is treated confidentially except insofar as disclosure is necessary for the administration of this Act.
(2) The requirement to keep confidential information secret pursuant to subsection (1) shall not apply where
s.7 is information the disclosure of which would be injurious to the interest of the person; and
(b) the Minister is satisfied that the claim is justified and is not of the opinion that disclosure of the confidential information is necessary in all the circumstances,
the Minister shall take all reasonable steps to ensure that the confidential information is not, without the consent of that person, disclosed in the proceedings or by the person who receives the relevant information in the course of his duties. guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of 2 years or to both.
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Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
ss.8-10
Powers of 8. (1) The Commission shall exercise its powers and perform its
Commis
functions consistently with the purposes and objects of this Act and
sion.
any law implementing the telecommunications policy objectives of Barbados.
(2) The Commission shall ensure that service providers provide telecommunications services and charge rates in accordance with this
Cap. 282. Act, the Utilities Regulation Act and the Fair Trading Commission Cap. 326B
Act.
Minister, 9. Where the Minister or the Commission is satisfied on the basis
Commission
of evidence presented to the Minister or the Commission, as the case
to refrain
from acting. may be, that the market is sufficiently competitive to ensure that the interests of consumers are protected, the Minister or the Commission shall refrain from exercising their respective functions in respect of the rate-setting mechanism referred to under Part VIII by giving notice to that effect.
PART IV
Licensing requirements in respect of public telecommunications
General 10. (1) No person shall
licensing
require
(a) own or operate a telecommunications network without a
ments in
respect of carrier licence issued in accordance with this Part;
public
telecommu-(b) provide telecommunications services to the public without a
nications.
service provider licence issued in accordance with this Part;
(c) use spectrum for the purpose of without a spectrum licence issued in accordance with Part IX;
s.11 11. (1) An application for the grant, renewal or modification of a Application
for licence.
licence under this Part must (2) An applicant for a licence under this Part shall be required to satisfy the Minister that THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
s.12
(d) the applicant satisfies the financial requirements, as imposed by the Minister, to construct and operate the telecommunications network or to provide the telecommunications services associated with the licence for which the applicant is applying.
(3) The Minister shall refuse an application for a licence under this Part where Grant of 12. (1) In determining whether to grant a licence under this Part,
licence.
the Minister shall consider where the Minister is satisfied that the applicant has complied with the provisions of section 11 and that the applicant satisfies the required criteria referred to in subsection (1).
ss.13-14
(3) The Minister is not mandated to grant a licence to any applicant.
13. (1) A licensee shall pay annually to the Accountant General Annual
licence fee.
the prescribed fee; and shall produce to the Chief Telecommunications Officer the receipt as evidence of the payment of that fee. 14. (1) Any licence granted under this Part is subject to the Conditions
for the
following conditions:
granting of a licence. THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
ss.15-17
(d) the licensee shall adhere to any other conditions deemed reasonably necessary to achieve the objects of this Act.
(2) The conditions of a licence referred to in subsection (1) shall not be varied otherwise than in accordance with this Act.
Existing 15. All licences that were granted under the former Act and were
licences.
valid immediately before the commencement of this Act shall continue in force and effect and shall be deemed for the purposes of this Act to have been granted under this Act without payment of any further fee until new licences are issued under this Act.
Duration of 16. A licence granted under this Part
licences. Renewal of 17. (1) Where an application for renewal of a licence under
licences.
section 11 is made, the Minister may refuse to renew that licence if the licensee is or has engaged in conduct that materially contravenes this Act or any regulations made under this Act. ss.18-19
18. (1) The Minister may, either on his own motion or on the Modifica
tion of
application of a licensee, modify a licence by agreement with the
licences.
licensee in accordance with this section. 19. (1) The Minister may suspend or revoke a licence granted Suspension
or revoca
under this Part where
tion. (2) Where the Minister has reasonable grounds for believing that a licence granted under this Act ought to be suspended or revoked, the Minister shall, before suspending or revoking the licence, give the licensee 60 days notice in writing of his intention to do so, specifying the date and the grounds on which he proposes to suspend or revoke the licence; and shall give the licensee an opportunity
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ss.20-21 (3) The suspension or revocation of a licence referred to in subsection (2) shall take effect on the date specified by the Minister in the notice referred to in that subsection or such other date as the Minister specifies.
Assignment 20. (1) A person shall be permitted to assign a licence granted
or transfer.
under this Part, or any rights thereunder where prior written approval of the Minister is first obtained; and the assignment shall be deemed to be a licence issued by the Minister under this Act.
(2) The Minister may approve an application for the assignment of a licence under subsection (1), where the Minister is satisfied that the proposed assignee is legally, technically or financially qualified to undertake the obligations imposed by this Act or by the licence.
Register. 21. (1) The Minister shall maintain a Register of licences granted under this Part, and the Register shall be made available to the public for inspection on payment of the prescribed fee. the Register of licences granted under this Part.
ss.22-24
PART V
Licensing requirements in respect of private telecommunications
22. (1) Any person who Private
telecommunications. shall be required to obtain a private network licence or a private telecommunications service licence, as the case may be, from the Minister. 23. Where the licensee of Spectrum
licence. uses spectrum, the licensee must also obtain a spectrum licence in accordance with section 44.
24. A licensee of a private telecommunications network or a No sale. private telecommunications service shall not offer the network for resale to any person or offer the service for sale or shall not otherwise dispose of the network or the service to the public without first obtaining the relevant licence to do so.
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Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
s.25
PART VI
Network Interconnections and Reference Interconnection Offers
Interconnec-25. (1) A carrier shall provide, on request from any other carrier,
tion by
interconnection services to its public telecommunications network for
carriers.
the purpose of supplying telecommunications services in accordance with the provisions of subsection (2). s.26 26. (1) A dominant carrier shall file with the Commission a Reference
Interconnec-
Reference Interconnection Offer, also referred to in this Act as an "RIO",
tion Offer.
SECTION PART XVII Miscellaneous 107. Contract for telecommunications services. 108. Refusal to transmit a private telecommunications message. 109. Rights of the Crown. 110. Power to make regulations, rules and orders. 111. Infringement of copyright etc. 112. Conventions. PART XVIII Transitional Arrangements 113. Transitional arrangements. 114. Repeal of enactments. 115. Crown. _________________ SCHEDULE
(iii) has had a licence revoked or is affiliated with a person who has had a licence revoked; and
(iii) a subsidiary of the carrier; or (iv) for similar facilities so provided;