Telecommunications

1 Current Authorised PagesPagesAuthorised(inclusive) by of 2001 Amended by17 of 2004 LAWS OF TRINIDAD AND TOBAGOTELECOMMUNICATIONS ACTCHAPTER 47 1/2009 MINISTRY OF LEGAL TO DECEMBER 31ST 2009 Index of Subsidiary LegislationPageTelecommunications Tenders Rules (LN 74/2005) ..62 Telecommunications (Access to Facilities) Regulations (LN 180/2006)..83 Telecommunications (Interconnection) Regulations (LN 181/2006)..105 Telecommunications (Fees) Regulations (LN 206/2006)..1312 Chap. 47:31 TelecommunicationsLAWS OF TRINIDAD AND TOBAGOMINISTRY OF LEGAL TO DECEMBER 31ST 2009 CHAPTER 47:31 Telecommunications ACTARRANGEMENT OF SECTIONSSECTIONPA RT IPRELIMINARY1.

2 Short Objects of the Telecommunications of the Management of Authority by Constitution of Executive Absence from office of Executive Ordinary of the Disclosure of , collusion, concealment or liability of and powers of the Directions by the Assets transferred to the IIICONCESSIONS21. Requirement for a Conditions applicable to all applicable to a concession for a broadcasting 47:313 LAWS OF TRINIDAD AND 1/2009 MINISTRY OF LEGAL TO DECEMBER 31ST 2009 ARRANGEMENT OF SECTIONS ContinuedSECTION24. Conditions applicable to a concession for a publictelecommunications network or Access to Government essential Termination, suspension or amendment of Renewal of Terminal Repairs and IVLICENCES, SPECTRUM MANAGEMENTAND NUMBERING36.

3 Requirement for a of to operate in territorial waters or Termination, suspension, amendment or renewal of of Allocation of frequency of Numbering RT VTECHNICAL STANDARDS45. AND INSPECTION46. Power to request 47:31 TelecommunicationsLAWS OF TRINIDAD AND TOBAGOMINISTRY OF LEGAL TO DECEMBER 31ST 2009 TelecommunicationsChap. 47:315 LAWS OF TRINIDAD AND 1/2009 SECTION48. Pre-installation Standards for Entry and Magistrate may issue VIIFINANCIAL PROVISIONS52. Financial powers of the Funds of the Exemption from tax and provisions of Central Tenders Board Estimates of Preparation of annual reports and accounts by Audit of Financial may make VIIISTAFFAND RELATED MATTERS60.

4 Employment of Transfer of officers to the Pension fund Employment of persons for specific Obstructing an False False Damage to Recovery of civil General Amendment of penalties. MINISTRY OF LEGAL TO DECEMBER 31ST 2009 ARRANGEMENT OF SECTIONS ContinuedSECTIONPA RT XGENERAL73. Directions for Minister s Harmful Obligations under international to promulgate Broadcasting Dispute Reconsideration and Telecommunications during an and transitional 47:31 TelecommunicationsLAWS OF TRINIDAD AND TOBAGOMINISTRY OF LEGAL TO DECEMBER 31ST 2009 TelecommunicationsChap.

5 47:317 LAWS OF TRINIDAD AND 1/2009*Seesection 1 Afor dates of commencement of this of 47:31 Telecommunications ACTAn Act for the regulation of Telecommunications in Trinidadand Tobago.*[ASSENTED TO5 THJULY, 2001]Whereas, the Government believes that in order to promotethe country as the regional centre for the new informationeconomy, it is necessary to establish a comprehensive andmodern legal framework for an open telecommunicationssector by permitting new providers of telecommunicationsservices to enter the market and compete fairly:And whereas it is appropriate that an Authority beestablished with transparent regulatory processes to guide thesector s transformation from virtual monopoly, in whichTelecommunications Services of Trinidad and Tobago is theprincipal provider of Telecommunications services, to acompetitive environment, to monitor and regulate the sector sotransformed and, in particular, to prevent anti-competitive practices.

6 And whereas, in order to achieve these stated goals, it isnecessary to repeal the existing, outdated legislation and enactnew legislation, as hereunder proposed:And whereas existing legislation in the related field ofbroadcasting is also outdated:PA RT Act may be cited as the Telecommunications OF LEGAL TO DECEMBER 31ST 2009 Commencement.[4 of 2001126/2004].Interpretation.[17 of 2004].Ch. 81 commencement dates of this Act are set out hereunder:(a)sections 1 to 20 came into operation on5th July, 2001;(b)sections 21 to 51 came into operation on30th June, 2004;(c)sections 52 to 64 came into operation on5th July, 2001;(d)sections 65 to 72 came into operation on30th June, 2004;(e)sections 73 to 76 came into operation on5th July, 2001;(f)sections 77 came into operation on30th June, 2004;(g)sections 78 to 80 came into operation on5th July, 2001.

7 (h)sections 81 to 85 came into operation on30th June, (1)In this Act access means the ability of a user or provider to utilise theavailable network of another provider or user; affiliate means an affiliated body corporate within the meaningof section 5 of the Companies Act; Authority means the Trinidad and Tobago TelecommunicationsAuthority established under section 4; broadcasting service means the offering of the transmission ofprogrammes whether or not encrypted, by any means oftelecommunications, for reception by the general public,including sound, radio, television and other types oftransmissions, such as those on a point to multipoint basis; closed user group means a group of persons, who have acommon business or other economic interest other than theprovision of a Telecommunications service.

8 Closed user group service means a telecommunicationsservice, used by a closed user group, operated withoutinterconnection to a public Telecommunications network;8 Chap. 47:31 TelecommunicationsLAWS OF TRINIDAD AND TOBAGOMINISTRY OF LEGAL TO DECEMBER 31ST 2009Ch. 25:04. concession means an authorisation to operate a publictelecommunications network or provide a publictelecommunications service or broadcasting service, issuedpursuant to section 21; Convention means the International telecommunication UnionConvention adopted from time to time and in force, to theextent ratified by Trinidad and Tobago; Executive Director means the Chief Executive Officer of theAuthority appointed by the Board in accordance withsection 8.

9 Facility means a physical component of a telecommunicationsnetwork, other than terminal equipment, including wires,lines, terrestrial and submarine cables, wave guides, opticsor other equipment or object connected therewith, used forthe purpose of Telecommunications and includes any post,pole, tower, standard, bracket, stay, strut, insulator, pipe,conduit, or similar thing used for carrying, suspending,supporting or protecting the structure; frequency band means a continuous frequency rangeof spectrum; harmful interference means interference which endangers thefunctioning of Telecommunications so as to impede,degrade, obstruct or interrupt a Telecommunications service; interconnection means the linking of public telecommunicationsnetworks and public Telecommunications services, to allowthe users of one provider of a public telecommunicationsservice to communicate with the users of another provider ofa public Telecommunications service, and to access theservices provided by such other provider; licence means an authorisation issued pursuant to section 36.

10 Local authority means the council of a municipal corporationwithin the meaning of the Municipal Corporations Act; Minister means the member of Cabinet to whom responsibilityfor Telecommunications is assigned; network terminationpoint means the point designated for connectionof equipment by a user to a Telecommunications network;TelecommunicationsChap. 47:319 LAWS OF TRINIDAD AND 1/2009 MINISTRY OF LEGAL TO DECEMBER 31ST 2009Ch. 75 23 14 1:01. pension fund plan has the meaning assigned to it by section 28(1)of the Income Tax Act; pension law has the meaning assigned to it by the LawReform (Pensions) Act except for the reference to theDefence Act; private Telecommunications service means a telecommunicationsservice used within one enterprise or its affiliates, to satisfy itsor their internal needs and operated without anyinterconnection to a public Telecommunications network.