Закон 2001 года «О телекоммуникациях» (Глава 282В), Барбадос

(5) The Minister may establish an equipment certification programme for the purposes of developing the required standards.

52. (1) No person shall Compliance with standards.

(a) connect to the public telecommunications network customer equipment and wiring that do not comply with the prescribed certification standards; or

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ss.53-56

(b) install, maintain or repair wiring, unless the person is a certified technician, unless the connection is to the public telecommunications network of approved plugs and jacks.

(2) Any person who manufactures customer equipment or wiring for connection to the public telecommunications network shall comply with the applicable certification standards.

Non-53. A carrier may, disconnect from its public telecommunications

compliance

network any wiring, customer equipment, plugs or jacks that do not

with

standards. comply with the certification standards pursuant to this Part.

Access to 54. (1) A carrier may, with the consent of the owner or occupier,

premises.

enter premises where customer equipment or wiring is connected to the public telecommunications network of that carrier at such times as are reasonable to conduct inspections of connections, customer equipment and wiring in relation to that network.

(2) Where an owner or occupier referred to under subsection (1) denies reasonable access to the carrier that is required in accordance with that subsection the licensee may disconnect the service provided to that person.

Labelling of 55. Where a certified technician is required to connect customer

equipment

equipment or wiring to the public telecommunications network, the

or wiring

connected technician shall attach a permanent label to that equipment, or make a

to telecom

posting for wiring that clearly indicates

munications network.

(a)

the relevant certification standard; and

(b)

a statement that the equipment or wiring complies with the relevant certification standard.

Dealers in 56. (1) The Minister shall prescribe such telecommunications and

apparatus to

radiocommunications apparatus as is required to meet the certification

be licensed.

standards referred to in this Part.

s.56

(2)

No person shall sell, trade, lease, offer for sale, or import for sale any telecommunications or radiocommunications apparatus that has been prescribed without first obtaining a dealer's licence under paragraph (d) of section 10.

(3)

A dealer's licence referred to under subsection (2)

(a)

must be in such form as the Minister prescribes;

(b)

must contain

(i)

the name and a description of the licensee;

(ii)

the location and description of the premises in respect of which the licence is granted; and

(iii) the date on which it was granted;

(c)

is subject to the payment in respect of the grant thereof of such fee as the Minister responsible for Finance prescribes;

(d)

is not transferable;

(e)

expires on the 31st day of December following the date on which it was granted and is renewable during the month of January in every year, on payment of the prescribed fee; and

(f)

must contain such other conditions as the Minister prescribes including conditions requiring compliance with the certification standards in respect of telecommunications apparatus established pursuant to this Part.

(4)

A person licensed as a dealer under subsection (2) to sell radiocommunications apparatus, in this Part referred to as a "licensed dealer" shall, in respect of that apparatus keep on his premises a record book to be called a "Radiocommunications Record Book".

(5)

A licensed dealer shall make as soon as possible after the receipt by him of any radiocommunications apparatus an entry in the Radiocommunications Record Book of the following:

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(a)

the date of the receipt of the apparatus;

(b)

the number and a full description of each type of apparatus; and

(c)

the name and address of the person from whom the apparatus was received.

(6)

A licensed dealer shall, immediately after delivery of any apparatus from his licensed premises, make or cause to be made in the Radiocommunications Record Book an entry of

(a)

the date of the delivery;

(b)

the name and address of the person to whom it is delivered;

(c)

the nature, number and date of the licence produced by that person with the name of the office from which it was issued, or the circumstances exempting that person from producing the licence;

(d)

the description of all apparatus; and

(e)

the purpose of the delivery, whether on sale, hire, loan or otherwise.

(7)

A licensed dealer shall, in addition to the matters mentioned in subsection (6), enter in the Radiocommunications Record Book any radiocommunications apparatus that he has constructed or assembled for the purpose of use, sale or hire.

(8)

The Radiocommunications Record Book referred to in subsection (4)

(a)

must be in such form as the Minister prescribes; and

(b)

must be produced for inspection at the request of any person authorised by the Minister.

(9)

Any person who

(a)

contravenes this section; or

ss.57-58

(b) in the purchase, sale, hire or delivery of any radiocommunications or apparatus, knowingly makes or causes to be made any false entry or statement as to any matter which he is by this section required to make,

is guilty of an offence and is liable on summary conviction to a fine of $5 000 or to imprisonment for a term of 12 months or to both.

57. (1) A person who holds radiocommunications apparatus for Disposal of

privately-

his own private use and in respect of which he holds the appropriate

owned

licence, may sell or otherwise dispose of that apparatus to any other apparatus. person in Barbados without being a licensed dealer.

(2) A person who sells or otherwise disposes of radio-communications apparatus pursuant to subsection (1), must, unless the apparatus is a sound broadcast receiver, within 14 days of the disposition, notify the Minister of that sale or disposition in writing, stating

(a)

the name and address of the person to whom the radiocommunications apparatus has been sold or otherwise disposed of; and

(b)

the description of the apparatus.

58. (1) The Minister may, subject to such terms and conditions Restriction as he may prescribe, restrict or prohibit the importation into, or use ^on

importation

in, Barbados of a specified type of telecommunications or of certain

apparatus.

radiocommunications apparatus or class of telecommunications or radiocommunications apparatus.

(2) No person shall import into, or use in, Barbados any telecommunications apparatus or radiocommunications apparatus the importation or use of which is restricted or prohibited under this Act.

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(3)

The Comptroller of Customs shall not deliver to any person

(a)

any telecommunications apparatus imported into Barbados for sale, trade or lease; or

(b)

any radiocommunications apparatus imported into Barbados

unless such person furnishes the Comptroller with a dealer's licence issued pursuant to this Act, or such other licence or authority as may be required in respect of the importation, possession, use or establishment of that apparatus.

(4) Notice of any restriction or prohibition referred to under subsection (1) shall be published in the Official Gazette.

Restriction 59. (1) No person shall install, keep or use a satellite television

on satellite

receiver antenna except in accordance with the terms and conditions

television

receiver of a licence issued in accordance with the regulations.

antenna.

(2) A person who installs, keeps or uses a satellite television receiver antenna shall not

(a)

use or cause to be used that antenna for any commercial purpose;

(b)

use the antenna on his premises for the reception or transmission of images and sound by cable or other means to any premises other than those specified in the application for the licence; and

(c)

make any modifications to the antenna for the purpose of using any device on his antenna for the transmission of images or sound or for any purpose other than the reception of images and sound.

s.60

PART XII

Radiocommunications

60. (1) No person shall Radiocommunications.

(a)

establish, maintain, or operate a radio station for the purpose of providing a broadcasting service for commercial purposes;

(b)

establish, maintain or operate a station for wireless communications on board any ship, aircraft or any other vessel registered in Barbados;

(c)

for commercial purposes, establish, maintain or operate a radio station, not being a station referred to in paragraph (b), or provide a radiocommunications service, not being

(i)

an amateur or experimental broadcasting service,

(ii)

a meteorological or radio navigation service, or

(iii) an amateur or experimental radiocommunication service;

(d)

establish, maintain, keep or use apparatus of any kind that generates and emits radio waves whether or not the apparatus is for radiocommunications; or

(e)

keep or use any radio receiving apparatus other than a sound broadcast receiver,

without obtaining a licence for the purpose.

(2) An application for the grant or renewal of a radiocommunications licence must

(a)

be made in the form prescribed;

(b)

contain such information as is prescribed; and

(c)

be accompanied by the prescribed fee.

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Grant of 61. (1) The Minister may, upon receipt of an application made

radio

pursuant to this Part, grant a licence to the applicant on payment of the

communica

tions prescribed licence fee or refuse the application.

licence.

(2)

A licence granted under this section may be in such form and shall contain such details and be subject to such conditions as are prescribed.

(3)

A licence granted under this section is not transferrable and shall expire after 12 months next following the date on which it was granted or such other date as the Minister determines.

(4)

The Minister may grant licences in respect of radiocommunications for use on board ships or aircraft registered in Barbados in accordance with the provisions of the Convention and the Radio Regulations annexed to the Convention for the time being in force.

Suspension 62. (1) The Minister may suspend, revoke, modify or refuse to ^and renew a licence granted under this Part on any of the following grounds:

revocation of

radiocommu-(a) that the radio station or apparatus in respect of which the ^nications licence was granted interferes with the supply of a

licence.

telecommunications service of a person to whom the Minister has granted a licence for that purpose;

(b)

that telecommunications established after the date of the grant of the licence are available to the licensee or the public and provide, in the opinion of the Minister, adequate service for the purpose of the licensee or for the purpose of the public;

(c)

that the licensee has contravened any of the provisions of this Act, the regulations or the conditions of his licence; or

(d)

that a specified licence or class of licences is to be reviewed.

(2) Before suspending, revoking or modifying a radiocommunications licence under subsection (1), the Minister shall give the licensee such notice in writing as is prescribed.

ss.63-67

63. The conditions of a radiocommunications licence referred to Compliance under section 61 shall include a condition that the licensee of the ^with

Convention.

licence shall comply with the Convention and the Regulations annexed to that Convention.

64. (1) Except as provided in this Act, no person shall operate a Radiocommu

nications on

radio station or apparatus aboard

ships and aircraft.

(a)

any ship or vessel whilst that ship or vessel is in the territorial waters of Barbados; or

(b)

any aircraft whilst that aircraft is in or over Barbados or in the territorial airspace of Barbados.

(2) Subsection (1) does not apply to a radio station or apparatus aboard any ship or aircraft in the services of the armed forces of any state or the Royal Barbados Police Force.

65. The Minister may grant a radiocommunications licence under Reciprocity. this Part to a person who

(a)

is not a citizen or a resident of Barbados and who possesses a similar licence granted by the Government of the country of which he is a citizen or resident; and

(b)

where there is in effect an agreement between the Government of Barbados and the Government of the country referred to in paragraph (a).

66. The Minister shall maintain a Register of licences granted Register of

licences.

under this Part which shall be made available for public inspection.

PART XIII

Compliance

67. (1) Where the Minister is satisfied that there are reasonable Prohibited

conduct.

grounds to believe that a person has contravened the provisions of this Act by

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(a)

the bypassing by that person of an international telecommunications network;

(b)

being the owner or operator of an unlicensed telecommunications facility; or

(c)

the provision by that person of an unlicensed international, mobile or domestic telecommunications service,

the Minister shall issue a prohibition order referred to in section 68 requiring that person to cease the conduct referred to in subsection (1) and to refrain from continuing the conduct, together with a notice requiring that person to show cause why such an order should not become effective.

(2) The Minister may act under subsection (1) on his own motion or on the application of any person.

Prohibition 68. (1) A prohibition order referred to in section 67 shall

order.

(a)

contain

(i)

a description of the prohibited conduct;

(ii)

an order to stop the prohibited conduct; and

(b)

become effective when and if the person to whom the order is issued fails to show cause why the order should not become effective.

Notice to 69. (1) The notice referred to in subsection (1) of section 67 shall

show cause.

be served on the person to whom it is issued and shall

(a)

specify the prohibited conduct;

(b)

require the person to show cause as to why the prohibition order should not become effective; and

(c)

specify a number of hours or days within which time the person to whom the order is issued may show cause and may make written submissions if requested by the Minister to do so.

s.70

(2) The Minister shall at the expiration of the time given in paragraph (c) of subsection (1)

(a)

determine whether the prohibited conduct has occurred, or is occurring, and if so, that the prohibition order becomes effective; or

(b)

determine that the prohibited conduct has not occurred and is not occurring, and withdraw the prohibition order.

70. The Minister may suspend or revoke a licence and in addition, Wilful or

repeated

may apply to the Court under section 72 if the Minister first

acts.

determines that a person has

(a)

knowingly made false statements in an application for a licence or in any statement of fact made to the Minister;

(b)

knowingly failed to provide information or evidence that would have warranted the denial of an original application for a licence;

(c)

wilfully or repeatedly failed to comply with the terms of a licence including the taking of such action as to have the effect of impacting negatively on the universal service obligation;

(d)

wilfully or repeatedly violated, or wilfully or repeatedly failed to observe,

(i)

any provision of this Act; or

(ii)

any rule, regulation, or order made under this Act;

(e)

violated or failed to observe any prohibition order;

(f)

provided a telecommunications service beyond the scope of a service provider licence or without such a licence;

(g)

engaged in bypass;

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(h)

operated a telecommunications network without a carrier licence; or

(i)

failed to submit payments in a timely manner in connection with the Universal Service Fund.

Other 71. (1) The Minister, in exercising his powers under this Part,

considera

shall have regard to

tions.

(a)

the nature and extent of the conduct giving rise to the application;

(b)

the nature and extent of any loss suffered by any person as a result of the default;

(c)

the circumstances of the default; and

(d)

any previous determination against the offending person.

(2) Prior to the taking of any action under this Part, the Minister must consider any relevant circumstances, including the

(a)

resources available to the licensee or affected persons or entities;

(b)

continued economic viability of the licensee or affected persons or entities; and

(c)

behaviour of the competitors of the licensee or affected persons or entities.

Application 72. (1) Where the Court is satisfied upon an application by the

to Court.

Minister that any person

(a)

has contravened the obligations under or any prohibitions in this Act; or

(b)

has failed to comply with any Rules made by the Minister under this Act or any order issued by the Minister requiring a person to comply with that order,

s.73

the Court may

(A)

grant an injunction restraining the alleged offending person from engaging in prohibited conduct notwithstanding that the Minister is conducting an investigation under this Part; and

(B)

order the offending person to pay to the Crown such pecuniary penalty as it thinks fit.

(2) The Court, in exercising its powers under subsection (1), shall have regard to

(a)

the nature and extent of the default;

(b)

the nature and extent of any loss suffered by any person as a result of the default;

(c)

the circumstances of the default; and

(d)

any previous determination against the offending person.

73. Where a person suffers financial loss or damage to property as Civil

proceedings.

a result of another person's

(a)

contravention of any of the obligations or prohibitions imposed by this Act;

(b)

aiding, abetting, counselling or procuring the contravention of any provision under this Act;

(c)

inducing by threats, promises, or otherwise the contravention of any provision under this Act;

(d)

being party to any contravention of any provision under this Act; or

(e)

conspiring with any other person to contravene any provision under this Act,

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s.74

there is payable to that other person by the person in default such reasonable amount as is agreed between the parties or, failing agreement, as is determined by a court of competent jurisdiction.

Unlawful or 74. (1) A carrier or service provider may

prohibited conduct.

(a)

discontinue the provision of specified services to any person; or

(b)

disconnect any facility from that carrier's facility or network or another facility used to provide that service provider's specified services,

where that carrier or service provider believes on reasonable grounds that the person who owns or operates that facility or the person to whom those specified services are provided is engaging in bypass operations or in conduct in respect of telecommunications services that are unlawful or prohibited or restricted under this Act.

(2)

Where any person causes interference with telecommunications, the Minister may require that person to pay the cost incurred in connection with establishing and rectifying the cause of such interference.

(3)

Any sum payable under this section is a debt due to the Crown and is recoverable in civil proceedings before a magistrate.

(4)

A carrier or service provider whose service or facility has been discontinued or disconnected, as the case may be, under subsection (1), may appeal to the Minister within 14 days of the discontinuance or disconnection for a review thereof and the grounds on which that action was taken; and the Minister shall review that action within 14 days.

(5)

Where the Minister finds that the action taken was not justified on reasonable grounds, he may order the restoration of the service or facility and investigate the discontinuance or disconnection under section 75.

s.75

(6) Nothing contained in this section shall restrict the right of any party to seek a review by the Court of the action taken in respect of the discontinuance or disconnection, as the case may be.

75. (1) The Minister may by instrument in writing appoint Inspectors. inspectors to

(a)

investigate any complaint or conduct concerning an allegation of a contravention of this Act or a licence issued under this Act; and

(b)

monitor the telecommunications and radiocommunications services.

(2)

The Minister shall furnish each inspector with a certificate of authority containing a photograph of the inspector, which the inspector shall produce on request in the performance of his functions.

(3)

A complaint referred to in subsection (1) shall be made in writing in such form as the Minister prescribes.

(4)

Within 14 days of the receipt of a complaint made under subsection (1), an inspector shall investigate the complaint unless satisfied that

(a)

the complaint is

(i)

trivial, frivolous or vexatious; or

(ii)

not made in good faith; or

(b)

the complainant does not have locus standi in the matter.

(5)

Before commencing an investigation under subsection (1), an inspector shall inform the alleged offender of the matter to be investigated and shall not make a finding adverse to the alleged offender or the complainant unless the inspector has given that person the opportunity to make oral or written submissions about the matter to which the investigation relates.

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(6)

The inspector shall submit a report on the results of every investigation to the Minister; and shall make a copy of that report available to the complainant or the alleged offender as the case may be, where that person is adversely affected by the results of the investigation.

(7)

An inspector may on his own motion or upon complaint, investigate harmful interference with telecommunications.

Entry, search 76. (1) Subject to subsection (2) and subsections (2), (3) and (4)

and seizure.

of section 77, an inspector may, on a reasonable suspicion that a person is engaged in conduct that is contrary to this Act, or contrary to any licence granted, registration or authorisation done under this Act, enter any vehicle, ship, vessel, aircraft or premises and search the vehicle, ship, vessel, aircraft or premises as the case may be, and he may, in that process

(a)

seize any document or extracts of any document; or

(b)

seize any telecommunications or radiocommunications apparatus,

from the person with the custody or in possession of the document or apparatus.

(2)

An inspector shall not

(a)

enter any vehicle, ship, vessel, aircraft, or premises in exercise of the powers conferred on him by section 77 unless

(i)

the occupier or the person in charge of the vehicle, ship, vessel, aircraft or premises, or the employee or agent of the occupier or that person consents to the entry;

(ii)

where the occupier or the person in charge or the employee or agent does not consent to the entry, the inspector first obtains a search warrant under section 77; or

s.77

(b) seize any telecommunications or radiocommunications apparatus or any document or extract of any document in exercise of the powers conferred on him by section 76 without a search warrant as provided in this Act.

(3)

An inspector shall, on entering the vehicle, ship, vessel, aircraft or premises, identify himself to the occupier or the person in charge of the vehicle, ship, vessel, aircraft or premises, as the case may be, or the employee or agent of the occupier or of that person, by showing the person the search warrant together with his certificate of authority.

(4)

An inspector shall, on completing the search referred to in subsection (1), leave the occupier or the person in charge of the vehicle, ship, vessel, aircraft, or premises, as the case may be, or his employee or agent, a receipt in which is indicated a list of documents, extracts of any documents or any telecommunications or radiocommunications apparatus seized by the inspector.

(5)

An inspector shall copy any document seized by him in accordance with the provisions of subsection (1) of section 77, and return the document or the extract of the document to the owner or person in charge of the document or the extract.

77. (1) Where a magistrate is satisfied by information on oath Search

warrant.

that there is reasonable ground for suspecting that an offence under this Act has been committed or is about to be committed, the magistrate may issue a search warrant authorising the inspector named in the warrant, with or without a member of the Police Force to

(a)

enter and search the vehicle, ship, vessel, aircraft or premises specified in the information; and

(b)

examine, test or seize any document, extract of a document, telecommunications or radiocommunications apparatus or other item.

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(2) Any document, extract of a document, telecommunications or radiocommunications apparatus or other item seized pursuant to a search warrant issued under subsection (1) shall

(a)

where proceedings are not commenced within a period of 30 days from the date of seizure, be returned to the owner; or

(b)

where legal proceedings are commenced before the expiry of the 30 days, be kept until the conclusion of those proceedings.

(3)

A person who

(a)

wilfully obstructs, hinders, molests or assaults or otherwise interferes with an inspector engaged in the performance of any duty or the exercise of any power conferred on him under this Act; or

(b)

knowingly gives false information to an inspector,

commits an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of 6 months.

(4)

An inspector shall not be personally liable for any loss or damage arising from the execution of a search warrant under this Part.

(5)

A person who holds a licence under this Act shall produce his licence for inspection when asked to do so by an inspector.

PART XIV

Offences and Penalties

Unlicensed 78. (1) A person who telecommunications

(a) establishes, maintains or operates a telecommunications

network and

service. network without a licence;

(b)

provides or offers a telecommunications service without a licence; or

(c)

contravenes the conditions of a relevant licence or the provisions of this Act,

s.78

commits an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for a term of 5 years and in the case of a continuing offence to a fine of $10 000 for each day or part thereof that the offence continues.

(2)

A person who knowing, or having reason to believe, that

(a)

any telecommunications network has been established, maintained or operated; or

(b)

any telecommunications service has been provided or offered

in contravention of this Act, transmits or receives a message by using that telecommunications network or telecommunications service, or performs any service incidental to the establishment, maintenance or operation of that telecommunications network or telecommunications service, commits an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for a term of 5 years and in the case of a continuing offence to a fine of $10 000 for each day or part thereof that the offence continues.

(3) A person who, in relation to a telecommunications network or a telecommunications service,

(a)

participates in the management, financing, operation or day-to-day running of the telecommunications network knowing, or having reasonable cause to believe, that the telecommunications network is, or telecommunications services supplied using the telecommunications network are, unlicensed;

(b)

supplies, installs, repairs or maintains any telecommunications network, telecommunications apparatus or any other item knowing, or having reasonable cause to believe, that the telecommunications network, telecommunications apparatus or other item is to be, or is, used for the purpose of facilitating the operation or day-to-day running of an unlicensed telecommunications network or unlicensed telecommunications services; or

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(c) renders any other service to any person knowing, or having reasonable cause to believe, that the rendering of that service to that person will facilitate the operation or day-to-day running of an unlicensed telecommunications network or unlicensed telecommunications services,

commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 5 years.

(4) A person who, not being a carrier or service provider, provides or offers any unlicensed international telecommunications service commits an offence and is liable on conviction on indictment to a fine of $500 000 or to imprisonment for a term of 5 years.

Unlawful 79. A person who, not being a carrier or service provider, who

advertising.

advertises telecommunications services commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 3 years.

Unlicensed 80. A person who installs

equipment,

unlicensed

(a) a telecommunications network, or telecommunications

technician.

apparatus or customer equipment that is directly or indirectly connected to a telecommunications network, that has not been certified by the Minister under Part XI commits an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 3 years; or

(b) customer equipment to any telecommunications network and who has not been certified by the Minister under Part XI commits an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for a term of 12 months.

Annoying, 81. (1) A person who sends or publishes by means of a

threatening,

telecommunications network an annoying, offensive, threatening,

offensive,

messages. obscene or abusive message to another person commits an offence and is liable on summary conviction to a fine of $10 000, or to imprisonment for a term of 12 months.

s.82

(2) A person who subscribes to a telecommunications service who uses, causes or permits any person to use a telecommunications service or a telecommunications network for the purpose of sending an annoying, offensive, threatening, obscene or abusive message to another person commits an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for a term of 12 months.

82. (1) A person who knowingly

(a)

obstructs or interferes with the sending, transmission, delivery or reception of any communication;

(b)

intercepts or procures another person to intercept, without the authorisation of the provider or user, or otherwise obtains, or procures another person to obtain, unlawful access to any telecommunication or copies or causes to be copied any telecommunication;

(c)

uses the content of any communication, or having reason to believe that such content was obtained through interception or access in contravention of paragraph (b); or

(d)

manufactures or sells any network, equipment, card, plate or other device, or produces, sells, offers for sale or otherwise provides any account number, mobile identification number or personal identification number, for the purpose of fraudulent use of or access to any telecommunications service,

commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for 3 years or to both and, in the case of a continuing offence, to a further fine of $10 000 for each day that the offence continues after conviction.

(2) Paragraphs (b) and (c) of subsection (1) do not apply in relation to the Royal Barbados Police Force acting in the lawful execution of its duties in accordance with any law or enactment.

Unlawful interceptor access.

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Unlawful 83. (1) No person shall use or permit to be used any vehicle,

interference.

apparatus, motor, machinery, installation or appliance capable of causing harmful interference with the lawful and normal operation or use of a telecommunications network or telecommunications apparatus or a licensed radio station or radiocommunications apparatus unless that vehicle, apparatus, motor, machinery, installation or appliance is equipped with filters, suppressors or other devices or otherwise so modified as to reduce such electrical interference to a negligible and an acceptable amount to the satisfaction of an inspector.

(2)

A person who

(a)

uses any apparatus for the purpose of interfering with any telecommunication; or

(b)

neglects to take appropriate measures to reduce interference to the satisfaction of an inspector pursuant to subsection (1),

commits an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for one year or to both.

(3) A person who uses a carrier's public telecommunications network without lawful authority commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for 3 years or both, and in the case of a continuing offence, to a further fine of $10 000 for each day that the offence continues after conviction.

Unlawful 84. (1) A person who use of apparatus.

(a) owns or operates radiocommunications apparatus without a licence commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 3 years;

s.84

(b)

sells, trades, leases, deals in or imports for sale any telecommunications apparatus or radiocommunications apparatus without a dealer's licence commits an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of 2 years; or

(c)

who imports into, or uses in Barbados any telecommunications apparatus or radiocommunications apparatus the importation or use of which is restricted or prohibited under this Act commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 3 years.

(2) A person who has in his possession or under his control radiocommunications apparatus that he

(a)

intends to use in contravention of this Act; or

(b)

knows, or has reasonable cause to believe, that another person intends to use in contravention of this Act,

commits an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for a term of 6 months.

(3) A person who is in charge of any premises that are used for telecommunications or radiocommunications that contravene the provisions of this Act, or for sending signals for the operation or control of any apparatus used for the purpose of those telecommunications or radiocommunications from any other place and who

(a)

knowingly causes or permits the premises to be so used; or

(b)

having reasonable cause to believe that the premises are being so used, fails to take such steps as are reasonable in the circumstances of the case to prevent the premises from being so used,

commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 3 years.

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

s.85

(4)

For the purposes of subsection (3)

(a)

a person is in charge of any premises if he is the owner or occupier of the premises or is the employee or agent of the owner or occupier or has, or acts or assists in the management or control of the premises;

(b)

radiocommunications are unlawful if they are made in contravention of Part XII; and

(c)

"premises" includes any place and in particular, includes any vehicle, vessel or aircraft and any structure or other object.

Unlawful 85. (1) A person who, in relation to a radiocommunications

use of radio-

station,

communications.

(a)

participates in the management, financing, operation or day-to-day running of that station knowing, or having reasonable cause to believe, that unlawful radiocommunications are made by the station;

(b)

supplies, installs, repairs or maintains any radiocommunications apparatus or any other item knowing, or having reasonable cause to believe, that the apparatus or other item is to be or is used for the purpose of facilitating the operation or day-to-day running of the station and that unlawful radiocommunications are made by the station; or

(c)

renders any other service to any person knowing, or having reasonable cause to believe, that the rendering of that service to that person will facilitate the operation or day-to-day running of the station and that unlawful radiocommunications are so made,

commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 3 years.

ss.86-88

(2) A person who contravenes any regulations made in respect of Part XII or causes or permits any radiocommunications station or radiocommunications apparatus to be used in contravention of regulations made in respect of Part XI commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 3 years.

86. A person who, by means of Sending

false messages

(a) any telecommunications service or telecommunications

via

apparatus; or _telecommunications

(b) any radiocommunications service or radiocommunications service or

apparatus.

apparatus,

sends any message which, to his knowledge, is false or misleading and is to his knowledge likely to prejudice the efficiency of any safety of life, service or endanger the safety of any person or of any vessel, aircraft or vehicle, and, in particular, any message which, to his knowledge, falsely suggests that a vessel or aircraft is in distress or is in need of assistance or is not in distress or is not in need of assistance commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 3 years.

87. A person who, with intent to defraud, transmits any Transmis

sion with

telecommunication in respect of which the charge fixed by the carrier

intent to

and approved in accordance with this Act or any other enactment has defraud. not been paid, commits an offence and is liable on summary conviction to a fine of $25 000 or to imprisonment for a term of 2 years or to both.

88. (1) A person who provides a telecommunications service for Failure to

display rates

public use at his premises shall display in a prominent place at those

charged by

premises the rates charged by the service provider for that service. service

provider.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for a term of 12 months.

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Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

s.89

Damage to 89. (1) A person who wilfully damages, removes or destroys any

equipment.

telecommunications apparatus, facility, works or other installation of

(a)

a public telecommunications network or a public telecommunications service;

(b)

any telecommunications service operated by the Royal Barbados Police Force, the Barbados Defence Force, the Fire Service or the Ambulance Service; or

(c)

any radio station or radiocommunications apparatus,

used for the purpose of providing a broadcast service commits an offence and is liable on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 3 years.

(2) A person who negligently damages, removes or destroys any apparatus, facility, works or other installation of a public telecommunications network or a public telecommunications service or of any telecommunications service described in subsection (1) commits an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of 12 months.

(3)

A person who wilfully damages

(a)

any private telecommunications apparatus or radiocommunications apparatus;

(b)

any private telecommunications network or any component of that network; or

(c)

any satellite television receiver antenna,

commits an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of 12 months.

(4) A person convicted under this section is liable for all expenses reasonably incurred in the repairing, restoration or replacement of any facility, works or other installation damaged, removed or destroyed by him; and the expenses are recoverable summarily as a civil debt.

ss.90-92

90. (1) The Court may order to be forfeited to the Crown

(a)

any money, telecommunications network, telecommunications apparatus, radiocommunications apparatus, customer equipment or other item which has been used in the commission of or in connection with an offence under this Part; and

(b)

any money or other property received or possessed by any person as a result of or that is the product of an offence under any section of this Act.

(2)

An order for forfeiture under subsection (1) may include a term permitting a specified person to redeem such item on such conditions, including conditions as to the payment of the value or a proportion of the value thereof to the Crown, as the Court may think fit.

(3)

No order shall be made under this section unless the Court has given notice to any person appearing to the Court to have an interest in or right over the item in question that an order may be made and that person is given an opportunity to show cause why the order should not be made.

91. A person who

(a)

refuses to produce any document, record, apparatus, or any information required by the Minister under this Act; or

(b)

destroys or alters, or causes to be destroyed or altered, any document, record or thing required to be produced under this Act,

commits an offence and is liable on summary conviction, to a fine of $50 000 or to imprisonment for a term of 6 months.

92. A person who knowingly gives false or misleading information to the Minister commits an offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 2 years.

Forfeiture.

Refusal to produce documents etc.

Giving false information.

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Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

ss.93-95

Disclosing 93. A person who contravenes section 7 other than the

confidential

contravention stipulated in subsection (2) of that section commits an

information.

offence and is liable on conviction on indictment to a fine of $100 000 or to imprisonment for a term of 2 years.

General 94. A person who contravenes this Act commits an offence and,

penalty.

where no specific penalty is provided for the offence, is liable on summary conviction to a fine of $25 000 or to imprisonment for a term of 12 months and, in the case of a continuing offence, to a further fine of $5 000 for each day that the offence continues after conviction.

PART XV

Construction Works By Carriers

Interpreta-95. In this Part, tion in respect of

"emergency works", in relation to a carrier, means works the

this Part.

execution of which, at the time it is proposed to execute them, are necessary in order to end or prevent circumstances that are likely to cause

(a)

danger to persons or property;

(b)

the interruption of any service provided by the carrier;

(c)

the interference with the exercise of any functions conferred or imposed on the carrier by or under any enactment; or

(d)

significant loss to the carrier;

and such other works as in all the circumstances it is reasonable to execute;

"Officer" means the Chief Technical Officer in the Ministry responsible for Works;

"road" includes any public or private road, any street, lane, alley, bridge, watercourse, sewer, embankment, tunnel, drain, gutter or wharf.

s.96

96. (1) Notwithstanding the provisions of any other Act and Erection of

lines,

subject to this Part, a carrier or a person authorised by a carrier may,

construction

for the purpose of providing telecommunications services, construct, of works etc. erect, place, maintain, alter or remove telecommunications lines or cables in, on, over, under, along or across any land, building, road, watercourse, harbour, seabed and foreshore and continue its lines to and from the necessary facilities.

(2)

For the purposes of providing telecommunications services under subsection (1), and subject to this Part, a carrier may

(a)

open and break up any road or pavement;

(b)

open and break up any bridge, tunnel or drain within or under any road;

(c)

block or close any road; and

(d)

do such other things as are necessary or expedient in connection with paragraphs (a) to (c).

(3)

Before a carrier undertakes any activity pursuant to subsection (2), the carrier shall

(a)

give 14 days notice in writing to

(i)

the owners or occupiers of premises that are likely to be affected by the activity, and

(ii)

the Officer; and

(b)

deposit with the Accountant General a sum estimated by the Officer after consultation with the carrier as the cost of repairing, renewing or restoring the road; and where the sum deposited pursuant to this subsection is less than the expenses actually incurred by the Officer in repairing, renewing or restoring a road, then the Officer may recover from the carrier the difference between the amount deposited and the expenses incurred.

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ss.97-98

Restoration of structures.

Entry by agents of carrier.

(4)

Where it is necessary to do emergency works, the notice referred to in subsection (3), shall be given as soon as possible after the necessity for the action has arisen or after the works have begun.

(5)

The carrier shall

(a)

fence the portion of any road or pavement that is broken up; and

(b)

provide adequate warning devices to indicate the fact of disrepair.

(6)

Any works executed pursuant to this section do not confer on a carrier any right, other than the right of use only, in the property in, on, over, under, along or across which telecommunications lines are constructed, erected or placed.

97. (1) Any road, service or structure that is disturbed by a carrier or a person authorised by the carrier in the execution of works under subsection (2) shall be restored by the carrier to its original condition without undue delay.

(2) Where a carrier delays in making restoration or fails to fence or provide adequate warning devices required by section 96(5), the Officer may carry out the necessary work and recover from the carrier all reasonable expenses incurred.

98. (1) Any person authorised by a carrier may, at reasonable times with the owner's consent and on production of his authority, enter any premises to which a telecommunication facility has been installed or is to be installed and inspect, test, remove, alter, replace or install the line.

(2) Any damage caused by entry, inspection, removal, installation, alteration or replacement made or carried out, as the case may be, pursuant to subsection (1) or subsection (2) of section 99 shall be repaired by the carrier on whose behalf the entry, inspection, removal, installation, alteration or replacement was carried out.

ss.99-102

99. (1) Where a carrier requires entry to any Crown lands Entry onto

Crown lands.

pursuant to this Act, then, no later than 7 days before entry, the carrier shall give the Minister responsible for Lands written notice

(a)

identifying the land;

(b)

describing the means and purposes of entry; and

(c)

providing the approximate dates and duration of access.

(2) The Ministry responsible for Lands, after consultation with the carrier and the Minister, may give the right to a proposed alternative reasonable access to Crown lands within 5 days of the written notice of access; but the alternative access must reasonably satisfy the carrier's stated purpose of access.

100. Subject to section 98, a carrier may enter any private land for Entry onto

private

the execution of works required by that carrier, except land that is

lands.

owned or controlled by another carrier for activities relating to its provision of facilities, where

(a)

reasonable prior notice describing the means and purposes of access and providing the approximate dates and duration of access is given to the owner or other affected party;

(b)

the owner of that land shall receive fair, just and reasonable compensation for the right of entry; and

(c)

the carrier has exhausted all reasonable alternative access.

101. A person who owns or controls the land to which a carrier Compensa

tion.

seeks entry may, in the absence of agreement between the parties, apply to the Court for a determination as to what is fair, just and reasonable compensation in respect of any damage caused on entry.

102. (1) Where a carrier has been denied entry to any land Enforcement

of access.

unreasonably or where the entry has been delayed unreasonably, the carrier may apply to the Court requesting enforcement of its right to entry.

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Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

(2)

An application under subsection (1) must

(a)

identify the land to which entry is requested;

(b)

identify the owner of the land to which entry is requested;

(c)

describe the means and purposes of entry and provide the approximate dates and duration of the entry sought;

(d)

specify the extent of prior notice that was given to the owner;

(e)

specify the amount of compensation offered to the owner;

(f)

explain that all reasonable attempts to negotiate entry have failed; and

(g)

where the land is private land, explain that all alternatives of entry have been exhausted.

(3) The Court, on application by the carrier under subsection (1), may

(a)

issue an order enforcing a carrier's right to entry under this Act if it finds the carrier's request satisfies the provisions of this Part; and

(b)

make such order as to compensation as is reasonable in respect of the owner or authorised occupier.

Procedure 103. (1) No person may execute any works under this Part

for gaining

without first obtaining the relevant permit or approval required under

entry.

Cap. 240. the Town and Country Planning Act.

(2) An application for a permit or approval under subsection (1) shall be made in the prescribed form; and, if not refused, shall be granted within such time after the receipt of the application, as is prescribed.

(3)

Where, pursuant to this Part, in the carrying out of works approved under this section, any damage is caused to land or to chattels, the licensed carrier shall effect the repairs necessary or otherwise make good the damage or, if the damage is not made good, pay to the owner of the land or chattels reasonable compensation in respect of the damage.

(4)

Where a carrier engages in the inspection of land, installation of facilities, or maintenance of facilities, then the carrier shall take all reasonable steps to

(a)

act in accordance with good engineering practice;

(b)

protect the environment;

(c)

protect the safety of persons and property; and

(d)

ensure that the activity interferes as little as is reasonably practicable with the operations of a public utility, public roads and paths, the movement of traffic, and the use of the land by owners or authorised occupiers of that land.

(5)

Section 24 of the Utilities Regulation Act shall not apply in Cap. 282. respect of carriers and service providers licensed by the Minister under this Act.

PART XVI

Review of Decisions

104. (1) Any person who is aggrieved by a decision of the Review by

Minister.

Minister under this Act may file within 14 days of being notified of that decision, an application for a review of the decision.

(2)

An application for a review of a decision under subsection (1) shall be in the form and manner prescribed.

(3)

The filing of an application for a review under subsection (1) does not operate as a stay of the decision unless the Minister so provides.

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Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

(4)

The Minister may on a review of his decision confirm, modify or reverse the findings of his prior decision or any part of that decision; and, where a hearing is required before that decision is reviewed, the decision shall not be reviewed without a further hearing.

(5)

The Minister shall on an application made to him pursuant to subsection (1) have regard to relevant considerations.

Review by 105. (1) A person aggrieved by a decision of the Commission

Commis

under this Act may file an application for a review within 14 days

sion.

following the notification of the Commission's decision.

(2)

An application for a review of a decision under subsection (1) shall be in the form and manner prescribed.

(3)

The filing of an application for review does not

(a)

operate as a stay of the decision, unless the Commission so provides; or

(b)

preclude an appeal from the Commission's decision to the High Court.

(4)

The Commission, on review, may confirm, modify or reverse the findings of its prior decision or any part of that decision.

(5)

The Commission shall on an application made to it pursuant to subsection (1) have regard to relevant considerations.

Appeal. 106. Part V of the Fair Trading Commission Act shall apply in

Cap. 326B.

respect of decisions of the Commission under this Act.

PART XVII

Miscellaneous

107. (1) Subject to the provisions of this Act, a carrier or service Contract for

telecommuni

provider may enter into contract with any person to provide telecom

cations

munications services to that person including the terms and services. conditions under which such services may be provided, maintained or discontinued.

(2)

The offer and provision of telecommunications services by a licensee is subject to the terms and conditions agreed on between the licensee and the user or, where no terms and conditions have been agreed, terms and conditions published or otherwise made available for public inspection in the form and manner specified.

(3)

A licensee may enforce the terms and conditions published in accordance with subsection (2) as if they were an agreement between it and the person to whom telecommunications services are provided.

(4)

Subject to this section, a licensee shall not disclose or use any information or document that relates to the content of any message or the private affairs or personal particulars of any person that comes into the licensee's knowledge or possession in connection with its business of providing telecommunications services.

(5)

Subsection (4) does not restrict disclosure or use of information or documents

(a)

for the purpose of providing telecommunications services and doing all things necessary for the provision of telecommunications services to that person;

(b)

where the sender of the message or the person who is the subject of the personal particulars consents;

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Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

(c) for the purpose of facilitating the performance of any functions of the Minister or the Commission under this Act,

Cap. 326B. the Fair Trading Commission Act or the Utilities Regulation Cap. 282.

Act;

(d)

pursuant to the provisions of any law for the time being in force which requires such disclosure for the purpose of the investigation or prosecution of a criminal offence;

(e)

where the disclosure is necessary in defence of the licensee in any proceedings brought against that carrier or service provider; or

(f)

to the Court in connection with a Court order made in civil proceedings.

Refusal to 108. (1) A carrier may refuse to transmit, or may stop the

transmit a

transmission of, any private telecommunications message that

private telecommuni

_cations (a) is, in the opinion of the carrier, dangerous to the security of the message. State;

(b)

is in contravention of any law; or

(c)

offends against public decency or public morals.

(2)

A carrier is not liable for any loss arising from refusal to transmit, or from stopping the transmission of, a message under subsection (1).

(3)

No carrier or any employee of a carrier is liable in any legal proceedings, whether civil or criminal, by reason of the transmission, in the normal course of a telecommunications service, of any defamatory message or of any other message the transmission of which is unlawful.

109. (1) The Crown shall take over or close down any part or Rights of the

Crown.

whole of a licensee's operations for reasons of national interest or security; and any licensee affected by the action of the Crown shall be paid fair and reasonable compensation for any loss occasioned to the licensee.

(2)

Where at any time during a period of public emergency it is expedient in the public interest that the Crown should have control over the transmission of messages by telecommunication, the Governor-General may

(a)

authorise by warrant under his hand any person to take temporary possession of any telecommunication lines and radio apparatus and installations whether used for public correspondence or not; and

(b)

make such orders as may appear to him to be desirable with respect to the possession, sale, purchase, construction and use of radiocommunications apparatus

(i)

in any place in Barbados;

(ii)

on board any ship or vessel whilst that ship or vessel is in the territorial waters of Barbados; or

(iii) on board any aircraft whilst that aircraft is in or over Barbados or the territorial airspace thereof.

(3)

Any licensee affected by the action of the Governor-General under subsection (2) shall be paid fair and reasonable compensation for any loss occasioned to it.

110. (1) The Minister may make such rules, regulations and Power to orders as may be required under this Act, including regulations ^make

regulations,prescribing rules and

orders.

(a) forms and procedures in respect of the grant of licences under the Act;

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

(b)

terms and conditions to be contained in licences;

(c)

licence fees;

(d)

licence application fees;

(e)

matters relating to interconnection policy;

(f)

matters related to universal service and the funding of universal service;

(g)

management of spectrum;

(h)

the determination of dominance in relation to regulation of rates charged for telecommunications services;

(i)

approvals and certification of customer equipment and wiring;

(j)

the certification of technicians;

(k)

technical standards for customer equipment;

(l)

numbering;

(m)

matters relating to radiocommunications;

(n)

the treatment of confidential information; and

(o)

anything that is by this Act authorised or required to be prescribed.

(2)

Regulations made pursuant to the Act

(a)

may prescribe penalties for offences committed under those regulations; and

(b)

are subject to negative resolution.

(3) The Minister, in making regulations under paragraph (e) of subsection (1), may consult with the Commission, the carriers and such other persons as he deems necessary before doing so.

(4) The Commission may, in accordance with this Act make regulations governing the exercise of its powers with respect to interconnection and shall consult with the Minister and carriers before issuing the regulations.

111. The grant of a licence under this Act does not authorise Infringement

of copyright

the licensee to perform an act that may infringe any copyright or patent that may exist in any matter transmitted by the licensee ^etc. under the licence.

112. In performing telecommunications functions and Conven

tions.

exercising powers under this Act the Minister and the Commission must have regard to Barbados' obligations under any Convention in respect of telecommunications to which Barbados is a party.

PART XVIII

Transitional Arrangements

113. There shall be such transitional arrangements for the Transitional

arrange-

operation of existing licences until new licences are issued as are set

ments.out in the Schedule. Schedule.

114. (1) The Telecommunications Act, 1991 is repealed. Repeal of

enactments.

(2)

Notwithstanding subsection (2), section 11 of the ^{Cap. 282A.} Telecommunications Act, shall remain in force until repealed.

(3)

The following instruments shall remain in force and shall apply in so far as they are not inconsistent with this Act, until repealed:

(a)

The Barbados Telephone (Revenue Apportionment) Order, 1989/54. 1989;

(b)

The Wireless Telegraphy (Video Tape Rental Service) 1983/126. Regulations, 1983;

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

1983/127.

1941/16.

1974/120.

1974/116.

1954 p. 167.

1953 p. 218.

Schedule. Cap. 285. Cap. 275. Cap. 274.

Crown.

(c)

The Wireless Telegraphy (Satellite Television Receiver Antenna) Regulations, 1983;

(d)

The Wireless Telegraphy Regulations, 1940;

(e)

The Wireless Telegraphy (Land Mobile and Fixed Radio Telephone Service) Regulations, 1974;

(f)

The Wireless Telegraphy (Model Aeroplanes, Model Racing Cars and Model Trains) Regulations, 1974;

(g)

The Wireless Telegraphy (Ship Station) Regulations, 1954; and

(h)

The Wireless Telegraphy (Amateur Transmitter) Regulations, 1953.

(4) Subject to subsection (3), and the Schedule, all statutory instruments made under the Wireless Telegraphy Act, the Cable and Wireless (West Indies) Limited Act and the Barbados Telephone Company Act that are in force at 30th September, 2002 are revoked; and any facilities established, maintained or operated thereunder at 30th September, 2002, shall be deemed to have been established, maintained and operated under and in accordance with this Act.

115. This Act binds the Crown.

SCHEDULE

Transitional Arrangements

(Section 113)

1. Subject to this Act Existing licence.

(a)

any licences or other enabling instruments issued to the existing telecommunications carriers and the existing service providers prior to 30th September, 2002 that are valid immediately before 30th September, 2002 shall continue to remain in full force and effect and shall authorise the continued ownership and operation of telecommunications networks and provision of telecommunications services provided thereunder until such time as new licences are granted pursuant to this Act;

(b)

the spectrum rights of the existing telecommunications carriers and all other persons who are allocated rights to spectrum in connection with licences granted under the former Act and valid immediately before 30th September, 2002, and under any other validly granted licence or authority under the laws of Barbados, are hereby preserved;

(c)

all customer equipment and wiring owned, operated or maintained by the existing carrier and all technicians employed by the existing telecommunications carrier at 30th September, 2002 shall be deemed to have certification upon that date.

2. Subject to this Act, all certification standards for Existing certification standards.

(a)

customer equipment;

(b)

wiring; and

(c)

technicians,

that conform to the standards employed by the carrier apply until modified by the Minister in accordance with this Act.

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Existing 3. Subject to this Act, the Minister shall numbering.

(a)

preserve the numbering network maintained by the existing carrier; and

(b)

shall not reverse existing numbering allocations.

Rate-setting 4. (1) Subject to section 113, the Commission shall ensure that a rate-setting

mechanism mechanism to be used by the Commission is established for rates to be charged by of the

licensees and shall facilitate the policy of market liberalisation and competitive

Commis

pricing in accordance with Schedule 6 of the Memorandum of Understanding

sion. between the Government of Barbados and Cable and Wireless BARTEL Limited

and Cable and Wireless BET Limited signed on the 16th day of October, 2001.

(2)

The Minister shall at the commencement of Phase III of the Transition Timetable referred to in paragraph 5 require that the Commission commence use of an incentive-based rate-setting mechanism to establish rates to be charged by licensees.

(3)

The revenue-sharing arrangement of the former Act will be systematically altered to manage the reduction of the subsidy during the transition to achieve the objective of gradually removing or eliminating the revenue-sharing arrangement between the international rates and the domestic rates.

Transition 5. (1) There shall be a set Transition Timetable prescribed by the Minister in Timetable. accordance with this Act for the transition required for the granting of new licences under this Act.

(2) The Timetable referred to in sub-paragraph (1) shall comprise Phases I to III.

Phase I. 6. (1) During Phase I of the Transition Timetable, the Minister may grant only:

(a)

domestic mobile carrier licences permitting the licensees to own and operate a domestic mobile telecommunications network, solely for the purpose of providing domestic mobile telecommunications services but prohibiting the licensee from operating an international facility and requiring handover of international traffic at a point of interconnection with the international network of the existing carrier;

(b)

service provider licences of the following types:

(i) domestic mobile service provider licences permitting the licensed mobile carriers to provide domestic mobile telecommunications services to the public;

(ii) service provider licences authorising the licensee to provide a service to the public comprising internet access using facilities owned and operated by the existing telecommunications carrier but prohibiting the licensee from providing any voice service;

(iii) service provider licences for the switchless resale of international minutes procured from the existing telecommunications carrier;

(iv)

service provider licences permitting the licensed domestic mobile carriers to resell Global Mobile Personal Communication by Satellite services under commercial arrangements with the existing international telecommunications carrier;

(v)

service provider licences permitting licensees to provide prescribed value added domestic voice services;

(vi)

service provider licences permitting licensees to resell international leased circuit capacity on a switchless basis obtained from the existing international telecommunications carrier;

(vii) licences to Caribbean Media Corporation and Caribbean Broadcasting Corporation to own and operate uplink and downlink satellite facilities for their own use and broadcasting purposes only prohibiting bypass and with prohibitions on carriage of switched telecommunications services for sale, lease or resale, on interconnection to the telecommunications networks of licensed carriers, on assignment of the licence or benefits arising thereunder; and

(viii) licences to permit call centre operators to use a bi-directional VSAT subject to the following conditions, namely, that:

(aa) there is certification of the call centre by the Barbados Investment Development Corporation;

(bb) VSAT is to be used solely for the call centre business;

(cc) there is no interconnection of the VSAT to the PSTN;

(dd) there is no interconnection of the VSAT to the network of domestic mobile carriers; and

(ee) there is no resale of any telecommunications services, lease or provision of any telecommunications services via the VSAT.

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

(2) For the purposes of this provision

"call centre" refers to a business registered in Barbados which employs a minimum of 50 Barbadians, generates and maintains a prescribed number of minutes per month and is engaged in a call centre activity;

"call centre activity" refers to the business undertaken by a call centre operator exclusively in the business of making or receiving telephone calls to and from call centre premises located in Barbados for telemarketing purposes;

"Caribbean Broadcasting Corporation" means the Corporation established as such Cap. 276. under section 3 of the Caribbean Broadcasting Corporation Act;

"Caribbean Media Corporation" is a non-profit company registered as such under Cap. 308. the Companies Act;

"PSTN" means the public switched telephone network.

Phase II. 7. During Phase II of the Transition Timetable, the Minister may grant, in addition to those granted in Phase I

(a)

domestic carrier licences other than licences permitting the licensee to own and operate a mobile network; and

(b)

domestic voice service provider licences.

Phase III. 8. During Phase III of the Transition Timetable, the Minister may grant any licence as he sees fit and in accordance with this Act.

Application 9. After the commencement of any Phase, a licensee may file an application for renewal with the Minister for removal of those licence conditions that would not be required

of condi

to be imposed by the Minister if the Minister had issued that licence in the newly

tions.

commenced Phase provided that such modification shall be made in accordance with this Schedule.

Commence-10. The Minister shall by order published in the Official Gazette declare the ment of each

commencement of each Transition Phase.

Phase.