Revised Laws of Saint Lucia (2023)

Schedule 4

(Section 38A)

PROVISIONS OF THE INCOME TAX ACT WHICH APPLY TO LICENCES GRANTED UNDER THIS ACT

Sections 106 – 112 (which deal with objections and appeals)

Sections 115, 116, 118 – 121, 123 – 130 (which deal with payment, recovery and refund of tax)

Sections 131 – 137 (which deal with Civil Penalties)

Sections 138, 140, 141, 144 – 147 (which deal with criminal proceedings)

(Inserted by Act 8 of 2006)

CHAPTER 8.11
TELECOMMUNICATIONS ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Telecommunications (Terminal Equipment and Public Network) Regulations – Section 73

(Statutory Instruments 10/2002 and 26/2003)

Statutory Instrument 10/2002 .. in force 1 April 2001

Amended by Statutory Instrument 26/2003 .. in force 17 March 2003

ARRANGEMENT OF REGULATIONS

TELECOMMUNICATIONS (TERMINAL EQUIPMENT AND PUBLIC NETWORK) REGULATIONS – SECTION 73

Commencement [1 April 2001]

1.   Citation

These regulations may be cited as the Telecommunications (Terminal Equipment and Public Network) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Telecommunications Act;

“equipment” means any equipment that is either radio equipment or telecommunications terminal equipment or both;

“harmful interference” means interference which, interrupts a radio communications or other telecommunications service or system, or otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with applicable national regulations;

“interface” means either or both of—

1.  

   (a)     an air interface specifying the radio path between radio equipment and their technical specifications; and

1.  

   (b)     a network termination point which is a physical connection point at which a user is provided with access to public telecommunications networks;

“Hertzian waves” means electromagnetic waves of frequencies from 1 hz to 3,000 GHZ propagated in space without artificial guide.

“Minister” means Minister responsible for Telecommunications.

3.   Type approval conditions

1.  

   (1)   A person shall not install, sell for use or use any item of equipment in Saint Lucia, unless the Commission grants a certificate of type approval in respect of that type of equipment.

1.  

   (2)   Items of equipment that require type approval include but are not limited to—

   1.  

      (a)     cellular telephones;

   1.  

      (b)     cordless telephones;

   1.  

      (c)     fax machines;

   1.  

      (d)     GSM telephones;

   1.  

      (e)     mobile radios;

   1.  

      (f)     modems;

   1.  

      (g)     wireless remote devices;

   1.  

      (h)     PABXs (including Small Business Systems and Key Systems);

   1.  

      (i)     pagers;

   1.  

      (j)     radio receivers;

   1.  

      (k)     radio transmitters;

   1.  

      (l)     satellite earth stations;

   1.  

      (m)     telecommunications switching equipment;

   1.  

      (n)     telephone instruments;

   1.  

      (o)     telex equipment;

   1.  

      (p)     other equipment emitting a radio signal; and

   1.  

      (q)     any other customer premises equipment to be attached to any part of a licensed telecommunications network.

1.  

   (3)   A person who is granted a certificate of type approval by the Commission for use of any of the items specified in sub-regulation (2) shall not be required to apply to the Commission for further approval, if that person uses the same model of equipment subsequently.

4.   Signature of applicant

An application to the Commission for type approval of equipment shall be signed by—

1.  

   (a)     an authorised representative of the applicant; or

1.  

   (b)     the applicant personally.

5.   Filing of application

1.  

   (1)   A person who applies for type approval in respect of any equipment shall forward to the Commission—

   1.  

      (a)     a sample of the equipment if requested;

   1.  

      (b)     completed application forms;

   1.  

      (c)     the prescribed fee;

   1.  

      (d)     the relevant literature; and

   1.  

      (e)     the technical specifications specified by the Commission after consultation with ECTEL.

1.  

   (2)   Copies of the application forms, the related documentation and samples referred to in sub-regulation (1) may be forwarded by the Commission to ECTEL for recommendations and review.

6.   Time frame for function of Commission

The Commission may require a maximum period of 6 weeks for—

1.  

   (a)     testing the samples of equipment;

1.  

   (b)     purpose of reviewing the application; and

1.  

   (c)     granting of type approval for customer premises equipment.

7.   More time required by Commission

The Commission may require a maximum period of 3 months for the purpose of reviewing the applications, for testing any samples of equipment and for granting type approval for switches over 1000 points and high capacity microwave equipment.

8.   Fresh approval required

Where changes have occurred in the models, designs or the technical specifications in respect of equipment which has been the subject of approval by Commission to an applicant, that applicant shall apply for fresh approval in respect of that equipment.

9.   Commission to bill applicant

1.  

   (1)   The Commission shall upon receipt of an application compute the applicable fee and forward an invoice to the applicant within 30 days of the receipt of the application.

1.  

   (2)   Where the applicant fails to remit the invoiced fee within 30 days of its receipt, the Commission may terminate any provisional approval it may have granted by written notice to the applicant.

10.   Type approvals granted by Contracting States

The Commission may recognize type approvals granted by other Contracting States, and will consult and liaise with ECTEL, in respect of such matters where necessary.

11.   Technical regulations

The Commission may, upon the recommendation of ECTEL, determine the technical regulations that should be recognized in Saint Lucia and other approved States for the purposes of giving effect to the recognition of, or exemption from, type approval procedures.

12.   Type approvals specified in Schedule

1.  

   (1)   The Commission will recognise the type approvals which are specified in the Schedule.

1.  

   (2)   The Commission shall ensure that appropriate manuals containing the legal requirements of type approval by Contracting States which it recognizes, is printed and made readily available to telecommunications providers and other interested parties.

13.   Exemptions

The following items of equipment when certified by the Commission to be compliant with the prescribed technical standards shall be exempt from type approval procedures:

1.  

   (a)     cable;

1.  

   (b)     for sale and installation inside wiring;

1.  

   (c)     household appliances.

14.   Burden of proof

The party seeking the recognition of the type approval granted by the countries specified in the Schedule or exempted from type approval as specified in regulation 13 shall produce to the Commission satisfactory documentary evidence that the relevant equipment qualifies for the recognition or exemption sought.

15.   Importation of equipment

1.  

   (1)   A person shall ensure that the importation of radio equipment, customer premises equipment or other terminal equipment, does not damage or endanger the telecommunications network and shall comply with the procedures relating to the approval of equipment as set out in these Regulations.

1.  

   (2)   Despite the provisions of subregulation (1) compliance with type approval requirements does not apply to a cellular mobile phone.

1.  

   (3)   No equipment or any component thereof imported into OECS States shall be delivered by the Comptroller of Customs to any person unless it complies with the provisions of these Regulations.

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   (4)   The Comptroller of Customs in any event shall not deliver such equipment or component to any person unless that person is approved by the Commission to possess or use that specific type of equipment.

1.  

   (5)   The Commission shall authorize an officer to inspect the said equipment or component part thereof to ensure that it complies with these Regulations.

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   (6)   Any person to whom the Comptroller delivers equipment or any component thereof shall not part with the said equipment or component unless it is to a person who is authorized to own, possess or use that equipment or component.

1.  

   (7)   Every licensed telecommunications provider who comes into possession of equipment shall keep at his or her licensed address a book to be called the “Telecommunications Equipment Register” and shall immediately upon receipt of any equipment make or cause to be made therein entry of the date of such receipt the serial number and full description of each kind of equipment received and the name and address of the person from whom it is received. The licensed provider shall also enter or cause to be entered into the said Register any equipment that he or she has constructed or have for sale, use or otherwise.

1.  

   (8)   Every licensed telecommunications provider shall immediately after delivery of equipment from his or her licensed premises, make or cause to be made entry of the date of such delivery, the name and address of the person to whom delivered, the nature and date of the licence produced by such person with the name of the office from which it was issued, or the circumstances exempting such persons from producing such licence, the description of all equipment so delivered, and the cause of such delivery whether on sale, hire, loan or otherwise.

1.  

   (9)   The Telecommunications Equipment Register may be in such form as may be prescribed by the Commission and shall be produced for inspection, at the request of the Commission or of any member of the Commission who shall have power to verify the same by examination, at the premises or at a place the Commission so directs.

1.  

   (Amended by S.I. 26/2003)

16.   Registration of terminal equipment

1.  

   (1)   A person who wishes to—

   1.  

      (a)     provide maintenance, repair services, reticulation and any related installation at customer premises; or

   1.  

      (b)     supply items of terminal equipment such as fax machines, PABXs or telephone sets,

1.  

   shall register with the Commission.

1.  

   (2)   Upon registration with, and payment of the prescribed registration fee to the Commission, it may issue a registration card to technicians or other authorised persons connected with the installation, maintenance and repair services.

1.  

   (3)   Registration is subject to annual renewal upon payment of the prescribed renewal fee.

17.   Adequacy of report

Where a telecommunications operator or provider wishes it will be sufficient if that operator or provider attaches a report to the application showing that the equipment has conformed to the acceptance testing requirements or international type approval.

18.   Non-discriminatory acceptance testing

An operator or provider of telecommunications services may carry out in a non-discriminatory manner, acceptance testing of all customer premises equipment installations to be interfaced with its network, to ascertain whether the required installations meet the prevailing standards before connection.

19.   Changes from acceptance testing

Any changes that arise from acceptance testing of installations by an operator or provider of a telecommunications service shall represent a portion of the tariffs of the operator or provider and shall be approved by the Commission.

20.   Acceptance testing change to be in agreement

Changes relating to acceptance testing of installations at customer premises shall form part of the written agreement between an operator or provider of telecommunications services and the provider of customer premises equipment.

21.   Provisions to maintain equipment

A customer shall be responsible for the maintenance of customer premises equipment, without prejudice to incorporating into an agreement drawn up between himself or herself and a provider of that equipment, a provision for the maintenance and repair of that equipment.

22.   Speedy repairs of equipment

A provider of customer premises equipment shall have in place, systems for the speedy and efficient repairs of its equipment, and as far as practicable, for the temporary allocation to customers of items of equipment whilst theirs are under repairs.

23.   Fault reports to be addressed expeditiously

A provider of customer premises equipment shall take all reasonable measures to ensure that its items of equipment or its services are maintained, provided or replaced within 48 hours of receiving a faults report.

24.   Directives by Commission

The Commission may issue directives to a dealer or supplier of customer premises equipment upon receipt of complaints from consumers or providers or operators of telecommunications services.

25.   Notice to be given when rights are affected

1.  

   (1)   Where the Commission intends to take any action which may affect the rights, interests or privileges of the person complained against it shall notify the provider of the customer premises equipment in writing of the proposed action.

1.  

   (2)   The Commission shall specify a period of not less than 28 days in which the provider of the customer premises equipment may make representation on its behalf in respect of the proposed action.

26.   Registration for inside wiring

1.  

   (1)   A person who wishes to provide or supply items of terminal equipment such as inside wiring shall register with the Commission.

1.  

   (2)   Upon registration with, and payment of the registration fee to the Commission, the Commission may issue a registration card to technicians or other authorised persons connected with such wiring, related installation, maintenance and repair services.

1.  

   (3)   Registration is subject to annual renewal upon payment of the prescribed renewal fee.

Schedule

(Regulation 12)

1.  

   (a)     AMPS cellular equipment – FCC Part 68, other US and Canadian Law Sections;

1.  

   (b)     Facsimile machines that are certified to be in conformity with the technical requirements of Parts 15 and 68 of the Regulations of the United States Federal Communications Commission and the related radiation performance standards found in Title 21, chapter 1, subchapter j; of the United States Code of Federal Regulations;

1.  

   (c)     PABX and related equipment that is certified to be in conformity with the technical requirements of Parts 15 and 68 of the Regulations of the United States Federal Communications Commission, and related Canadian technical standards for electromagnetic interference, including ICES-003 class B;

1.  

   (d)     TDMA cellular equipment – FCC Part 68, other US and Canadian Law sections.

1.  

   (e)     GSM Cellular Equipment – FCC Part 68, other US, Canadian Law Sections.

1.  

   (f)     European Telecommunications Standards Institute (ETSI). Definitions, Rules and Decisions.

Telecommunications (Interconnection) Regulations – Section 73(2)

(Statutory Instrument 72/2009)

Statutory Instrument 11/2002 .. in force 1 April 2001

Replaced by Statutory Instrument 72/2009 .. in force 22 June 2009

ARRANGEMENT OF REGULATIONS

TELECOMMUNICATIONS (INTERCONNECTION) REGULATIONS – SECTION 73(2)

Commencement [22 June 2009]

1.   Citation

These Regulations may be cited as the Telecommunications (Interconnection) Regulations.

2.   Spent

3.   Interpretation

1.  

   (1)   In these Regulations—

“Act” means the Telecommunications Act;

“access deficit” means the difference between the costs incurred by the incumbent fixed public network operator for providing domestic telecommunications services whose prices are regulated, and the maximum revenue that the operator can secure for providing those services under price regulation;

“calling line identity” means the information generated by a telecommunications network that identifies the calling number;

“call termination” means the completion of a call that is originated on one public network and terminated on another;

“cost-oriented” means the charges equal to the long-run incremental cost of an efficient provider plus an appropriate portion of shared and common costs;

“dominant fixed public network operator” means a public network operator who is designated by the Commission as dominant for the purposes of providing interconnection services under regulation 10;

“dominant interconnection provider” means a public network operator who is designated by the Commission as dominant for the purposes of providing interconnection services under regulation 10;

“interconnection provider” means a public network operator who receives a request to provide interconnection under the Act or these Regulations;

“interconnection services” means services provided by public network operators to other public network operators linking the public telecommunications networks or telecommunications services of both parties to—

1.  

   (a)     allow the users of the public telecommunications services of either party to communicate with the users of the telecommunications services of the other; and

1.  

   (b)     access the services provided by the other operator or service provider;

“joining service” means a service consisting of a transmission facility connecting the points of interconnection of two public network operators, one of which may or may not be the provider of the joining service;

“number portability” means the ability of a customer to retain the same telephone number on changing telecommunications providers;

“phased manner” means to reduce or increase gradually or in stages;

“point of interconnection” means the locations where the exchange of telecommunications between the telecommunications network of an interconnection provider and the telecommunications network of a public network provider takes place;

“public network operator” means a person licensed under the Act to operate a public telecommunications network;

“reference interconnection offer” means a document setting out the terms on which the dominant interconnection provider proposes to offer interconnection to a public network operator requesting interconnection;

“Register” means the register maintained under regulations 24, 25, 26 and 28;

“transit service” means a network service for carrying traffic between two public network operators that are unaffiliated with the provider of the transit service.

1.  

   (2)   Unless otherwise specified, terms used in these Regulations have the meanings assigned to the terms under the Act.

4.   Rights and obligations of public network operators

A public network operator has the following rights and obligations with respect to interconnection—

1.  

   (a)     to act in a manner that enables interconnection to be established as soon as reasonably practicable;

1.  

   (b)     to promptly provide interconnection at cost-oriented rates to any other public network operator that requests it;

1.  

   (c)     to promptly receive interconnection at cost-oriented rates from any other public network operator;

1.  

   (d)     to provide timely forecasts of usage to the interconnection provider and shall be required to cover the costs that the interconnection provider incurs to meet forecasted needs even if the forecasted traffic fails to materialize;

1.  

   (e)     to configure its network to enable—

   1.  

      (i)     transmission, and

   1.  

      (ii)     switching or routing,

1.  

   of voice, data and images over its networks;

1.  

   (f)     to exchange signalling information using standard signalling systems;

1.  

   (g)     to provide call-termination services to any other public network operator that requests the call-termination services;

1.  

   (h)     to provide to an interconnecting operator written notice of any breach of an interconnection agreement and a reasonable period of time to cure the breach before terminating an interconnection agreement in accordance with the procedure set out in regulation 23;

1.  

   (i)     to make it possible for customers to complete international calls using public network operators of the customer's choice, and the choice is to be available on a call-by-call basis, with the call being completed without the requirement either of second dial tone or manual intervention.

5.   Obligations of dominant fixed public network operators

In addition to the obligations placed on all public network operators set out in regulation 5, a dominant fixed public network operator shall—

1.  

   (a)     provide joining services to any other public network operator that requests the joining services;

1.  

   (b)     provide usage-based transit services to other public network operators that request the usage-based transit services;

1.  

   (c)     where it provides broadband Internet access as a retail service, it shall arrange to carry the broadband information to unaffiliated Internet service providers of the end user customer's choice.

6.   Number portability

A public network operator shall configure networks to facilitate number portability between similar networks as and when directed by the Commission, acting on the recommendation of ECTEL.

7.   Non-discrimination and transparency

1.  

   (1)   When providing interconnection, a public network operator shall act in accordance with the following principles—

   1.  

      (a)     interconnection is to be provided to other public network operators under no less favourable terms, rates and quality as the interconnection provider provides similar services for itself, its affiliates or both itself and its affiliates;

   1.  

      (b)     interconnection is to be provided with regard to the types of users to be served or the types of services to be provided by the public network operator requesting interconnection;

   1.  

      (c)     public network operators shall provide on request information reasonably necessary to other public network operators considering interconnection, in order to facilitate the conclusion of any agreements.

1.  

   (2)   The information provided under subregulation 1 (c) is to include planned charges for implementation within the 6 months following a request, unless otherwise agreed by the Commission.

1.  

   (3)   Once a public network operator concludes an interconnection agreement, it shall—

   1.  

      (a)     offer the terms and conditions of such an agreement to any other public network operator requesting interconnection; and

   1.  

      (b)     offer the terms and conditions of such an agreement, upon request, to any other public network operator with which it has an existing interconnection agreement, except to the extent that it can prove to the satisfaction of the Commission that it is not technically feasible to replicate the same level of quality of the interconnection or to provide interconnection under the same terms and conditions as it provides under such an agreement.

1.  

   (4)   The Commission shall take such steps as may be necessary to ensure that the requirements under this regulation are being met.

8.   Confidentiality

A public network operator shall not knowingly communicate, or allow access to any confidential, proprietary, or competitive information (including but not limited to, customer orders, market forecasts, plans for development of new services, network plans, current or proposed business plans, and new customers) received from another public network operator in respect of interconnection, except to the extent authorized by the operator in writing, or by the Act or these Regulations.

9.   Access to facilities

1.  

   (1)   Where access to any facility is required to effect interconnection such access is to be provided on a non-discriminatory and equitable basis and this includes access with respect to charges, location and other commercial matters, together with the interconnection.

1.  

   (2)   Pending the conclusion of any agreement between parties to a negotiation for access to facilities, and subject to the provisions of regulation 31, the Commission may, acting on the recommendation of ECTEL, issue such orders or directions for the sharing of any facilities or with respect to providing access to such facilities on an interim basis.

10.   Dominant interconnection provider

1.  

   (1)   The Commission, acting on the recommendation of ECTEL, shall designate a public network operator as a dominant interconnection provider in a particular market for telecommunications services if the Commission has determined, after a public consultation process, that a public network operator—

   1.  

      (a)     enjoys a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers in a market for telecommunications services; and

   1.  

      (b)     it is in the long-term interests of consumers of telecommunications services that the public network operator be so designated.

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   (2)   The Commission shall undertake a consultation process which will commence with a preliminary determination of market dominance and the designation of one or more dominant interconnection providers,

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   (3)   The Commission shall issue its final determination of market dominance no later than 90 days after its preliminary determination of dominance under subregulation (2).

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   (4)   Notwithstanding subregulations (1), (2) and (3), a public network operator may consent to being treated as a dominant interconnection provider solely for the purpose of providing interconnection and filing a reference interconnection offer at the time it files a reference interconnection offer.

11.   Publication of information

1.  

   (1)   The Commission shall have available, for the use of the general public, documentation on interconnection that is adequate and current.

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   (2)   The Commission shall use any medium that it considers appropriate to inform the public of the documentation available under subregulation (1).

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   (3)   The Commission may impose an administrative fee for providing the documentation to any person.

12.   Rate structure

1.  

   (1)   The Commission shall, acting on the recommendation of ECTEL, determine upon its own motion or upon an application by any person, the interconnection rate of any person who provides or offers to provide interconnection.

1.  

   (2)   Interconnection rates are to be cost-oriented and imposed in a transparent manner and identify clearly—

   1.  

      (a)     charges for interconnection services; and

   1.  

      (b)     any contribution to the access deficit of the interconnection provider, where applicable.

1.  

   (3)   Where an interconnection agreement is negotiated before the Commission has determined any rates, or where, after the conclusion of any interconnection agreement, the Commission establishes new rates for interconnection for any reason, the agreement shall be amended by the parties to comply with such rates as may subsequently be determined.

1.  

   (4)   Notwithstanding subregulation (2), the Commission may impose cost-oriented rates in a phased manner and on such terms and conditions as may be determined by the Commission, acting on the recommendation of ECTEL.

13.   Reference interconnection offer

1.  

   (1)   Each dominant interconnection provider requested to provide a reference interconnection offer shall provide such an offer within 60 days of its receipt of such request by the Commission.

1.  

   (2)   A reference interconnection offer provided under subregulation (1) is to make available to public network operators the services and network elements necessary for the provision of competing retail services.

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   (3)   The reference interconnection offer provider may set different rates, terms and conditions for different interconnection services, where such differences can be objectively justified and do not result in the unfair distortion of competition.

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   (4)   The reference interconnection offer provider shall apply the appropriate interconnection tariffs, terms and conditions when providing interconnection for its own services or those of its affiliates, subsidiaries or partners.

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   (5)   The charges of the reference interconnection offer are to be sufficiently unbundled to ensure that the public network operator requesting interconnection is not required to pay for services not related to the service requested.

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   (6)   Interconnection rates set out in the reference interconnection offer are to be cost-oriented.

1.  

   (7)   A reference interconnection offer is to contain specific provisions for dispute resolution procedures including the appropriate contact persons whose names and other contact information is to be updated at least quarterly, precise time frames for resolution of complaints, clear and concise escalation procedures that allow for prompt resolution of disputed issues and rules that are to be used for arbitrating any unresolved issues.

1.  

   (8)   The Commission shall have the authority to ensure that a reference interconnection offer is compliant with the Act and these Regulations and contains rates that are cost-oriented.

14.   Publication of reference interconnection offer

Within 7 days of approval of a reference interconnection offer by the Commission, a dominant interconnection provider shall publish its offer by—

1.  

   (a)     posting the offer on its website; and

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   (b)     making printed and electronic copies of the offers available to any public network operator upon request.

15.   Payment for interconnection

Subject to the right of the Commission, acting on the recommendation of ECTEL, to determine that every cost imposed on a public network operator in respect of interconnection is just and reasonable, a public network operator shall pay for the investment, operations and maintenance expenses of the facilities necessary to reach the point of interconnection.

16.   Calling line identity

Every public network operator shall provide upon request to other public network operators, the calling line identity and all necessary signalling data, in accordance with accepted international standards and any technical standards set by and published by the Commission from time to time.

17.   Form and contents of interconnection agreements

1.  

   (1)   An interconnection agreement and a reference interconnection offer are to be in writing and the following matters specified in the agreements except where a particular matter is irrelevant to the specific form of the interconnection requested—

   1.  

      (a)     access to ancillary, supplementary and advanced services;

   1.  

      (b)     adequate service levels including the remedies for any failure to meet those service levels;

   1.  

      (c)     a provision that deals with regulatory change, including determinations by the Commission;

   1.  

      (d)     duration and renegotiation of interconnection agreements;

   1.  

      (e)     forecasting, ordering, provisioning and testing procedures;

   1.  

      (f)     dispute resolution procedures, including identification of points of contact, time frames and an escalation process;

   1.  

      (g)     geographical and technical characteristics and locations of the points of interconnection;

   1.  

      (h)     information handling and confidentiality provisions;

   1.  

      (i)     intellectual property rights;

   1.  

      (j)     measures anticipated for avoiding interference or damage to the networks of the parties involved or third parties;

   1.  

      (k)     national and international appropriate indexes for service quality;

   1.  

      (l)     procedures in the event of alterations being proposed to the network or service offerings of one of the parties;

   1.  

      (m)     provisions for the formation of appropriate working groups to discuss matters relating to interconnection and to resolve any disputes;

   1.  

      (n)     provision of network information;

   1.  

      (o)     technical specifications and standards;

   1.  

      (p)     terms of payment, including billing and settlement procedures; the procedures to detect and repair faults, as well as an estimate of acceptable average indexes for detection and repair times;

   1.  

      (q)     the scope and description of the interconnection services to be provided;

   1.  

      (r)     the technical characteristics of all the main and auxiliary signals to be transmitted by the system and the technical conditions of the interfaces;

   1.  

      (s)     transmission of calling line identity, where available to be transmitted;

   1.  

      (t)     provisions for call termination;

   1.  

      (u)     provisions for transit facilities;

   1.  

      (v)     provisions for joining links;

   1.  

      (w)     ways and procedures for the supply of other services that the parties agree to supply to each other, such as operation, administration, maintenance, emergency calls, operator assistance, automated information for use, information on directories, calling cards and intelligent network services;

   1.  

      (x)     the obligations and responsibilities of each party in the event that inadequate or defective equipment is connected to their respective networks;

   1.  

      (y)     provisions for notice and for remedying any breach that may arise from the agreement; and

   1.  

      (z)     any other relevant issue.

1.  

   (2)   A public network operator shall make available to interested parties, any reference interconnection offer or the portions of the approved interconnection agreement that have not been designated as confidential by the Commission under regulation 26.

18.   Connectivity

An interconnection agreement is to include provision for any-to-any connectivity to allow any end-user of that network to communicate with any other end-user of public telecommunications services, regardless of whether the end-users are connected to the same, or different networks.

19.   Non-inclusion

An interconnection agreement is not to contain any provision which has the effect of—

1.  

   (a)     imposing any unfair or discriminatory penalty or disadvantage upon a person in the exercise of the person's right to be provided with interconnection;

1.  

   (b)     precluding or frustrating the exercise of a person's rights or privileges afforded under the Act or these Regulations; and

1.  

   (c)     preventing a telecommunications provider from lawfully providing an interconnection service to another public network operator.

20.   Notice of request

1.  

   (1)   A public network operator shall make a request for interconnection in writing to an interconnection provider and shall forward 2 copies of the written request to the Commission, one of which shall be addressed to ECTEL.

1.  

   (2)   A request for interconnection is to contain at least the following information—

   1.  

      (a)     a copy of the licence of the public network operator;

   1.  

      (b)     the services with respect to which interconnection is sought;

   1.  

      (c)     a declaration by the public network operator that it accepts the rights and obligations of all public network operators as set out in regulation 4; and

   1.  

      (d)     any other information as specified in the reference interconnection offer or reasonably required in order for the telecommunications provider to respond to that request.

1.  

   (3)   Notwithstanding subregulation (1), any person who has applied for a telecommunications licence under the Act, but whose application is still pending may make an interconnection request and conclude an interconnection agreement, except that a notice of request from such an applicant is not to include a copy of a licence under subregulation (2).

1.  

   (4)   The effecting of interconnection in accordance with a request under subregulation (3) is conditional upon a grant of a licence to the applicant.

21.   Procedures for application

1.  

   (1)   Within 30 days after the parties to a negotiation regarding interconnection have concluded an interconnection agreement, the parties shall submit the proposed agreement to the Commission for its approval.

1.  

   (2)   The Commission shall approve the proposed interconnection agreement if it is satisfied that the proposed interconnection agreement is consistent with the Act, these Regulations, the terms and conditions of the parties' licenses or other provisions of law.

1.  

   (3)   The Commission shall consult with ECTEL for its advice and recommendations concerning the application, before determining whether to approve the proposed interconnection agreement.

1.  

   (4)   The Commission may request additional information from the parties to a proposed interconnection agreement where it considers it necessary to further evaluate the terms, conditions and charges contained in the proposed interconnection agreement.

1.  

   (5)   Where the Commission notifies the parties that it does not consider that the proposed interconnection agreement or any part of the agreement should be approved, the parties to that agreement shall negotiate and submit a revised proposed interconnection agreement to the Commission, within a period, having regard to the matters being the subject of the Commission's request.

1.  

   (6)   Notwithstanding the Commission's right to approve an interconnection agreement, where a proposed interconnection agreement is substantially the same as an existing agreement already approved by the Commission, such an agreement may provide that it will be effective upon submission to the Commission and will remain effective unless the Commission informs the parties to such agreement, within 60 days of its submission, or such longer period as the Commission may reasonably require, that it has not approved the agreement.

1.  

   (7)   Subregulation (6) does not apply where the parties to an interconnection negotiation have concluded an agreement after the effective date of any interim interconnection decision imposed by the Commission, under the procedures described in regulation 31.

22.   Interconnection not permitted

A party shall not negotiate or propose to enter into an interconnection agreement where the Commission determines and rules that—

1.  

   (a)     the proposed interconnection is contrary to the Act, these Regulations, the terms and conditions of the parties' licences or other provisions of law; or

1.  

   (b)     the requested interconnection is not technically feasible.

23.   Amendment or modification of agreement

1.  

   (1)   The parties to an interconnection agreement may amend or modify an agreement which has been approved by the Commission by—

   1.  

      (a)     giving not less than 30 days written notice prior to the effective date of the amendment or modification; and

   1.  

      (b)     submitting a copy of the proposed amendment or modification to the Commission.

1.  

   (2)   An amendment or modification to any interconnection agreement is not to take effect unless approved by the Commission within 30 days of its submission, or such longer period as the Commission may in any case determine.

24.   Suspension of an interconnection agreement

1.  

   (1)   An interconnection agreement is to include provision for the suspension of the agreement in the event of—

   1.  

      (a)     conduct that is illegal or interferes with the obligations of the interconnection provider, under the relevant licence, the Act or these Regulations;

   1.  

      (b)     requirements that are not technically feasible;

   1.  

      (c)     health or safety problems; or

   1.  

      (d)     circumstances that pose an unreasonable risk to the integrity or security of the network or services of the interconnection provider, from which interconnection is requested.

1.  

   (2)   An interconnection agreement is to include a provision to allow for the suspension of interconnection where it is necessary to deal with a material degradation of the interconnection provider's telecommunications network or services.

1.  

   (3)   A party to an interconnection agreement shall provide at least 15 days notice to the Commission prior to suspending the agreement.

1.  

   (4)   A suspension of an interconnection agreement is not to take effect unless approved by the Commission, acting on the recommendation of ECTEL.

25.   Termination of an interconnection agreement

1.  

   (1)   A party to an interconnection agreement shall provide at least 30 days notice to the Commission and to customers before terminating any interconnection agreement.

1.  

   (2)   The notice in subregulation (1) is to inform customers of the date upon which any services will be interrupted and is also to inform the customers of appropriate steps that can be taken to obtain such services from another operator.

1.  

   (3)   Notwithstanding the right of the party to terminate an interconnection agreement, the Commission, acting on the recommendation of ECTEL, shall have the authority to require any party to provide interconnection on such terms and conditions and at such rates as the Commission may deem appropriate, pending renewal or replacement of the interconnection agreement.

26.   Register

1.  

   (1)   All copies of an interconnection agreement are to be kept in a register maintained by the Commission in print form, or as a database in electronic medium, and in any other form determined by the Commission.

1.  

   (2)   The Register is to be kept at the principal office of the Commission and Parts I and III of the Register are to be open to public inspection during normal working hours.

1.  

   (3)   A copy of the Register shall be provided to ECTEL.

27.   Contents of Register

The Register shall be maintained in 3 parts—

1.  

   (a)     Part I containing a list of all interconnection agreements with the names of interconnection providers, service areas of their operation, and the dates of the execution of the agreements and is to be open for inspection by the public;

1.  

   (b)     Part II containing portions of interconnection agreements which the Commission has directed to be kept confidential; and

1.  

   (c)     Part III containing the contents of interconnection agreements excluding those directed by the Commission to be kept confidential which shall be open for inspection by the public.

28.   Confidential portion of Register

1.  

   (1)   The Commission may, on the request of any party to an interconnection agreement, direct that any part of the interconnection agreement be kept confidential.

1.  

   (2)   Any request to keep part of an interconnection agreement confidential shall be accompanied by a non-confidential description of the relevant portion of the interconnection agreement.

1.  

   (3)   Where the Commission is satisfied that the interests of a telecommunications provider could be adversely affected if the relevant part were not kept confidential, it may direct that the relevant part of the interconnection agreement be kept confidential and the non- confidential description of that part must be incorporated in Part III of the Register.

1.  

   (4)   Where the Commission declines the request of any public network operator to keep any portion of the interconnection agreement confidential, it shall record its reason for doing so and furnish a copy of its decision to the applicant.

1.  

   (5)   Before making any decision to disclose confidential information, the Commission shall afford a hearing to the public network operator who has requested the information be kept confidential.

1.  

   (6)   Whenever a public network operator requests that any part of an interconnection agreement should be kept confidential, that portion of the agreement shall remain confidential until the matter is determined by the Commission.

29.   Format for separating information

1.  

   (1)   The Commission may, from time to time, determine the format for seeking disaggregated information of parts of an interconnection agreement relating to technical standards or specifications from the Register in respect of—

   1.  

      (a)     access charges;

   1.  

      (b)     area of operation;

   1.  

      (c)     consumer related information;

   1.  

      (d)     downtimes;

   1.  

      (e)     fault resolving procedures;

   1.  

      (f)     interconnection;

   1.  

      (g)     port charges;

   1.  

      (h)     quality of service; and

   1.  

      (i)     revenue-sharing arrangements.

1.  

   (2)   Each licensee shall offer such assistance to the Commission in relation to disaggregating information under this regulation as it may reasonably require.

30.   Access to Register

1.  

   (1)   Parts I and III of the Register is to be open for inspection by the public on payment of an administrative fee and on the fulfillment of any other condition determined by the Commission.

1.  

   (2)   Any person seeking inspection of Parts I or III of the Register shall apply to the officer designated by the Commission who shall allow inspection and also make available extracts of portions of the Register, on payment of the administrative fee.

1.  

   (3)   The Commission may in accordance with subregulations (1) and (2) of this regulation also allow access to Parts I and III of the Register through the website maintained by it.

31.   Dispute resolution

1.  

   (1)   Notwithstanding anything to the contrary contained in any other law, where the parties to any proposed interconnection agreement are unable to agree on the terms of the interconnection agreement within 60 days from the date of a request for interconnection under regulation 20, either party may submit the matter to the Commission for resolution in accordance with such procedures as the Commission may adopt, acting on the recommendation of ECTEL.

1.  

   (2)   Where a request has not been received by the Commission after 60 days under subregulation (1), the Commission may, acting on its own motion, direct the parties to submit the matter for resolution.

1.  

   (3)   Notwithstanding subregulation (2), the Commission may withhold from directing the parties for an additional 30 days where it is reasonably satisfied by both parties that an interconnection agreement is likely to be concluded within that time.

1.  

   (4)   Any decision made by the Commission under subregulations (1) and (2) is binding on the parties pending agreement between the parties on the terms of any proposed interconnection agreement.

1.  

   (5)   The decision by the Commission is to—

   1.  

      (a)     be made within 60 days from the date of a request under subregulation (1) or a direction by the Commission under subregulation (2), or such longer period as the Commission may in any case determine; and

   1.  

      (b)     specify—

      1.  

         (i)     the facilities and the network covered by the decision,

      1.  

         (ii)     the extent of any network which one party is required to carry information and communication messages including telecommunication messages to enable another party to supply services,

      1.  

         (iii)     the points of, and the technical standards for, interconnection,

      1.  

         (iv)     the rates of interconnection,

      1.  

         (v)     the effective date of the decision; and

      1.  

         (vi)     any other matters it deems appropriate.

1.  

   (6)   The parties to the decision under subregulation (5) shall submit to the Commission a copy of an interim interconnection agreement implementing the terms and conditions of the decision, together with any other information the Commission may require.

1.  

   (7)   An interim interconnection agreement ceases to have effect on the date a proposed interconnection agreement agreed between the parties is approved by the Commission.

1.  

   (8)   The existence of an interim interconnection agreement is not to prejudice, vary, or diminish the right of the Commission to review, approve or reject any proposed interconnection agreement between the parties.

1.  

   (9)   The Commission may, acting on the recommendation of ECTEL, make the terms and conditions of an interim interconnection agreement final where the parties are unable to conclude any agreement prior to the expiration of one year from the effective date of the Commission's decision under subregulation (5).

1.  

   (10)   In the exercise of any of the functions conferred upon it under subregulations (1)-(9), the Commission shall have the authority, acting on the recommendation of ECTEL, to make such orders and issue such directions to the parties as it deems appropriate.

32.   Disputes regarding existing agreements

1.  

   (1)   In any dispute involving an approved interconnection agreement between parties, notwithstanding the terms of any dispute resolution procedures described in the agreement, a party may refer the dispute to the Commission for a binding resolution in accordance with such procedures and upon such terms and conditions as the Commission, acting on the recommendation of ECTEL, may determine.

1.  

   (2)   In referring any dispute under subregulation (1), a party may request the Commission to issue an interim decision on providing interconnection, and the interim decision may address prices and any other terms or conditions for interconnection which the Commission, acting on the recommendation of ECTEL, may determine.

1.  

   (3)   Where the parties to an interconnection agreement are unable to agree as to whether or not a particular term or requirement of an interconnection agreement or reference interconnection offer is being met, either party may refer the matter to commercial arbitration.

33.   Amendment due to dispute resolution

Where a decision arising from a dispute resolution process modifies the terms and conditions on which interconnection is provided, the Commission may require a public network operator to amend a relevant agreement in order to comply with the decision and submit the amended agreement to the Commission for approval.

34.   Renewal of interconnection agreements

1.  

   (1)   At least 90 days prior to the expiration of an approved interconnection agreement, a public network operator shall submit a revised interconnection agreement to the Commission for approval where such an agreement is to be renewed or extended.

1.  

   (2)   A renewal or extension of an interconnection agreement under subregulation (1) is not to take effect unless approved by the Commission, acting on the recommendation of ECTEL.

35.   Power of referral

If a public network operator refuses to obey any order, decision or direction by the Commission under these Regulations, the Commission may apply to a judge of the High Court for an order compelling the public network operator to comply with the order, decision or direction of the Commission and for such costs and other relief as the Court may allow.

36.   Interconnection Code

The Commission, acting on the recommendation of ECTEL—

1.  

   (a)     may issue an Interconnection Code to give purpose and effect to these Regulations, setting out such guidelines, procedures, standards and other requirements as the Commission may issue or specify;

1.  

   (b)     shall publish the Code, or parts of the Code, in the Gazette and on its website;

1.  

   (c)     may amend, add to or replace the Code at any time.

37.   Revocation

The Telecommunications (Interconnection) Regulations are hereby repealed.

Telecommunications (Private Network Licensing) Regulations – Section 73

(Statutory Instrument 12/2002)

Statutory Instrument 12/2002 .. in force 1 April 2001

ARRANGEMENT OF REGULATIONS

TELECOMMUNICATIONS (PRIVATE NETWORK LICENSING) REGULATIONS – SECTION 73

Commencement [1 April 2001]

1.   Citation

These Regulations may be cited as the Telecommunications (Private Network Licensing) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Telecommunications Act;

“affiliate” means a relationship between 2 entities, in which one of them directly or indirectly owns more than 50% of the capital stock of, or controls the other entity;

“bypass” means conduct comprising—

1.  

   (a)     the passing of an international voice service (including a reconstructable voice service as part of a data or mixed voice/data service) without passing through the international gateway switch of a licensed international voice network operator; or

1.  

   (b)     the termination of international voice services over the domestic public switched telecommunications network by a person who does not originate the call or possess a valid interconnection agreement with that domestic network operator with respect to international voice services;

“capital stock” includes all forms of equity ownership and partnership interests;

“control” means control in whatever form exercised and is not limited to majority stock ownership, and includes direct or indirect control through intervening subsidiaries;

“licensee group” means the licensee, its parent or subsidiaries, and any affiliate comprising the users of the private telecommunications network;

“Minister” means Minister responsible for Telecommunications;

“private leased circuit” means a telecommunications facility which is provided by means of one or more public telecommunications networks for the conveyance of messages between points, all of which are points of connection between those telecommunications systems and other telecommunications systems. Such a communications facility is made available to persons whereby messages transmitted at any of the points of connection, are received at every such point, and are fixed by the manner in which the communications facility is installed, and cannot otherwise be selected by a person or a telecommunications apparatus sending messages by means of the facility.

3.   Obligation to give information

In any application for a licence to establish or operate a private telecommunications network, the applicant shall include with that application the information specified in the Schedule.

4.   Signing of applications

1.  

   (1)   The applicant shall submit a statement to the Commission in writing specifying the date on which it desires to put the private telecommunications network into operation which shall be at least 30 days after the date of that application.

1.  

   (2)   The information referred to in subregulation (1) shall be signed by—

   1.  

      (a)     an officer if the licensee is a member of an unincorporated association;

   1.  

      (b)     an officer or duly authorised employee if the licensee is a company or other business entity;

   1.  

      (c)     one of the partners if the licensee is a partnership; and

   1.  

      (d)     the licensee personally if an individual.

5.   Procedure for dealing with amended information

A licensee shall forward updated information to the Commission within 30 days from effecting any major change in information originally submitted by submitting a statement with the additional information and a declaration on the anniversary date of the submission of the original statement, specifying the truth and accuracy of the information.

6.   Limits to disclosure

1.  

   (1)   The Commission shall maintain a list of persons or entities licensed to establish and operate a private telecommunications network under these regulations, and shall make that list and any information referred to in regulations 4 and 5 available for public inspection at its principal office.

1.  

   (2)   Despite subregulation (1) confidential information shall not be disclosed to members of the public.

7.   Prohibition

1.  

   (1)   A private telecommunications network shall only be established or operated by means of—

   1.  

      (a)     telecommunications facilities provided by a person licensed to operate a public switched telecommunications network; or

   1.  

      (b)     telecommunications facilities in respect of which a licensee is licensed to operate.

1.  

   (2)   A private telecommunications network operator who uses facilities under subregulation (1) above shall not be inter-connected to the public switched telecommunications network.

1.  

   (3)   A licence to establish and operate a private telecommunications network shall not as a condition of that licence, restrict the services provided to the licensee by itself to voice traffic or data traffic, or similar limited use.

8.   Resale of excess capacity on private telecommunications network

1.  

   (1)   A licensee of a private telecommunications network shall be entitled to—

   1.  

      (a)     cede or assign the rights to use excess capacity on private telecommunications network facilities;

   1.  

      (b)     resell excess capacity on private telecommunications network facilities; or

   1.  

      (c)     sublet or surrender control of the private telecommunications network facilities on a long-term basis.

1.  

   (2)   Where a licensee resells its excess capacity on or sublets or surrenders control of, its private telecommunications network facilities (“resale”), that resale must—

   1.  

      (a)     be incidental to the purposes of the private telecommunication network;

   1.  

      (b)     offered only to licensed operators; and

   1.  

      (c)     not prevent the rightful and proper use of the private telecommunications network by any member of the licensee group.

9.   Bypass prohibition

A person shall not engage in bypass.

10.   Messages to cease

Where a private telecommunications network is used for the purpose of advertising the sale of goods, services or any other thing by sending messages to the number of an end-user a licensee who receives a request from that end-user to cease sending such messages shall cease forthwith.

11.   Safeguard for confidentiality

A licensee shall take all reasonable steps to—

1.  

   (a)     ensure the accuracy and reliability of any metering system used in connection with a private telecommunications network;

1.  

   (b)     keep records of all metering which shall be made available to the Commission, upon request;

1.  

   (c)     safeguard information acquired by the licensee in relation to the conveyances of communications; and

1.  

   (d)     safeguard the privacy and confidentiality of any communications conveyed relating to the private telecommunications network.

12.   Restriction on unfair practices

1.  

   (1)   A licensee shall not, whether by any act or omission, do anything which results in or is intended to have, or is likely to have the effect of distorting, preventing or restricting competition in the course of, or as a result of, or in connection with the establishment or operation of a private telecommunications network licensed under these regulations.

1.  

   (2)   A public telecommunications operator shall not disconnect or suspend service to any operator of a private telecommunications network for any reason other than—

   1.  

      (a)     as required by law or under any order issued by the Commission;

   1.  

      (b)     in accordance with the terms of any contract for the provision of that service; or

   1.  

      (c)     if the operator believes on reasonable grounds that the private operator is engaging in bypass.

13.   Notice of violation

1.  

   (1)   Where there are reasonable grounds to suspect that a licensee holding a private telecommunications network licence violates any provision of the Act or regulations, the licensee shall be served with a written notice by the Commission requesting an explanation of the alleged violation.

1.  

   (2)   The licensee shall submit a written answer in duplicate to the Commission within 7 days from receipt of the notice, or during such other period as may be specified in the notice.

1.  

   (3)   Where an answer cannot be furnished within the specified period due to unavoidable circumstances, the licensee shall acknowledge the notice and request extension of time setting forth in the letter of acknowledgement, a satisfactory explanation for the delay and the reasons for the extension.

14.   Notification of revocation

Before revoking a licence, the Commission shall give the licensee written notice of its intention to do so, and provide the licensee a period of not less than 28 days from the date of the notice in which to make representations in relation to such proposed revocation.

15.   Revocation of licence

The Minister may on the advice of the Commission revoke a licence held by a licensee which relates to all or any part of a private telecommunications network established or operated by that licensee in the following circumstances where—

1.  

   (a)     the licensee has repeatedly or wilfully engaged in bypass;

1.  

   (b)     the Commission has given the licensee not less than 30 days notice in writing that failure by the licensee to comply with a directive within that period would result in the revocation of the licence in respect of that licensee or of all or any part of the private telecommunications network operated by that licensee;

1.  

   (c)     the licensee fails to secure the required frequency authorization in respect of radio communications equipment which is part of the private telecommunications network;

1.  

   (d)     the licensee has failed to comply with a final order of the Commission;

1.  

   (e)     the licensee is convicted of committing an offence under the Act; or

1.  

   (f)     the Minister determines that revocation of the licence is required in respect of the licensee in the interests of national security.

16.   Reporting obligations

A licensee shall keep, maintain and provide to the Commission annual traffic reports relating to the utilization and disposal of any excess capacity on a private telecommunications network that has been sold pursuant to regulation 8.

Schedule

(Regulation 3)

INFORMATION REQUIRED FOR SUBMISSION BEFORE ESTABLISHING A PRIVATE TELECOMMUNICATIONS NETWORK

1.  

   1.   The licensee shall submit the following information—

   1.  

      (a)     a description of the nature and purpose of the service to be provided by the proposed private telecommunications network, including—

      1.  

         (i)     a description of terminal equipment comprising the private telecommunications network including the equipment to be used and to be provided by the licensee,

      1.  

         (ii)     a detailed description of technical aspects of proposed private telecommunications network including but not limited to a descriptive configuration of the proposed private telecommunications network,

      1.  

         (iii)     a statement certifying that the equipment complies with type approval requirements in Saint Lucia including a statement of compliance from a recognized approval agency,

      1.  

         (iv)     full details of the premises where the elements of the proposed private telecommunications network will be located,

      1.  

         (v)     the area of operation of the proposed private telecommunications network, and

      1.  

         (vi)     the public telecommunication systems or private leased circuit to which the private telecommunications network is to be connected;

   1.  

      (b)     a description of the members of the licensee group;

   1.  

      (c)     a list of any other countries that are signatories to the Eastern Caribbean Telecommunications Authority Agreement, where the applicant intends to apply for or has applied for, or has been granted an individual licence, a class licence, a frequency authorization or a cable landing licence;

   1.  

      (d)     any information deemed relevant by the applicant;

   1.  

      (e)     a statement that the licensee intends to establish and operate a private telecommunications network;

   1.  

      (f)     a statement whether any individual or class licence to provide facilities or services in Saint Lucia or a frequency authorization to utilize frequencies in Saint Lucia has previously been granted to the licensee under the Act, and if so a general description of the categories of facilities, services or frequency so authorised;

   1.  

      (g)     the e-mail address, name, post office address, telephone number and title of the licensed registered office;

   1.  

      (h)     the e-mail address, name, post office address, telephone number and the title of the officer and any other contact person to whom correspondence concerning the licence is to be addressed.

   1.  

      (i)     the following details where the private telecommunications network is to be connected to any private leased circuit provided by a satellite system using a very small aperture terminal (also known as VSAT)—

      1.  

         (i)     the antenna, facility site, identification numbers, antenna identification number, manufacturer and model number of the antenna, number of antenna to be used by the private telecommunications network, antenna size in meters, antenna gain both transmit and/or gain receive expressed in Cd Bi at – GHz with respect to the VSAT earth station antenna to be used by the private telecommunications network,

      1.  

         (ii)     the destination points in Saint Lucia and any foreign country for the private telecommunications network communications using the satellite,

      1.  

         (iii)     the frequency coordination limits of the VSAT,

      1.  

         (iv)     the maximum antenna height and maximum power limit for each antenna,

      1.  

         (v)     the particulars of operation for each RF. carrier for each antenna,

      1.  

         (vi)     the satellite name and orbit location, and

      1.  

         (vii)     a statement that the licensee will cooperate with any other licensee whose VSAT operation is potentially or adversely affected by the first mentioned licensee's operation, in order to reach an agreement in good faith, for modification of power density levels in either or both systems, and to facilitate operations without harmful interference;

   1.  

      (j)     the particulars of the international simple resale bearer circuit and other telecommunication system where the private telecommunications network is to be connected to that international simple resale bearer circuit;

   1.  

      (k)     the State or territory where the corporation, partnership or other business enterprise is incorporated; and

   1.  

      (l)     whether the licensee is a partnership, corporation or other business enterprise.

1.  

   2.   For the purpose of paragraph 1(i) subparagraphs (i) and (iii) the frequency coordination limits of the VSAT includes—

   1.  

      (a)     antenna elevation angles;

   1.  

      (b)     earth station azimuth angles;

   1.  

      (c)     frequency limits in MHz;

   1.  

      (d)     satellite arc ranges; and

   1.  

      (e)     the maximum EIRP density toward the horizon (d BW/4kHz).

1.  

   3.   For the purpose of paragraph 1(i) subparagraphs (i) and (iv) the maximum antenna height and the maximum power limit for each antenna includes the—

   1.  

      (a)     building height above ground level in meters;

   1.  

      (b)     maximum antenna height above roof-top in meters;

   1.  

      (c)     maximum antenna height in meters above ground level and above mean sea level;

   1.  

      (d)     total EIRP for all carriers, expressed in dBW; and

   1.  

      (e)     total input power at antenna flange, expressed in watts.

1.  

   4.   For the purposes of paragraph 1(i) subparagraphs (i) and (v) the particulars operation for each RF. carrier for each antenna includes—

   1.  

      (a)     a description of the modulation techniques and services provided;

   1.  

      (b)     antenna polarization (H,V,L,R);

   1.  

      (c)     emission designator;

   1.  

      (d)     the frequency bands used (MHz);

   1.  

      (e)     maximum EIRP density per-carrier (dBW/4kHz);

   1.  

      (f)     maximum EIRP per-carrier (dBW); and

   1.  

      (g)     transmit/receive mode.

Telecommunications (Numbering) Regulations – Section 73

(Statutory Instrument 139/2007)

Statutory Instrument 139/2007 .. in force 27 August 2007

ARRANGEMENT OF REGULATIONS

TELECOMMUNICATIONS (NUMBERING) REGULATIONS – SECTION 73

Commencement [27 August 2007]

1.   Citation

These Regulations may be cited as the Telecommunications (Numbering) Regulations.

2.   Commencement

These Regulations shall come into force on the date of its publication in the Gazette.

3.   Interpretation

In these Regulations, unless the context otherwise requires—

“Act” means the Telecommunications Act;

“allocation” means the setting aside of blocks of numbers for the purpose of assigning selected blocks of numbers to providers of telecommunications services;

“data storage device” means any article or material, for example a disc, from which information is capable of being reproduced;

“national numbering plan” means the plan established under section 51 of the Act;

“telecommunication number” means the number, sign or other mark, which a telecommunications provider in its delivery of telecommunications services uses for identification of telecommunications facilities in order to connect between the place of transmission and the place of reception, or for identification of the type of content of transmission the telecommunications facility is to deliver;

“telecommunications numbering system register” means the register established under regulation 5.

4.   Functions of the Commission

1.  

   (1)   The Commission shall publish the national numbering plan on its website and shall make copies available to the public upon request.

1.  

   (2)   The Commission shall maintain control of all telecommunications numbers to ensure fair and efficient use of them by—

   1.  

      (a)     performing proper planning, allocations and monitoring;

   1.  

      (b)     maintaining the national Telecommunications Numbering System Register of all providers in respect of the numbers assigned to them.

5.   Telecommunications numbering system register

1.  

   (1)   The Commission shall establish and cause to be maintained a telecommunications numbering system register.

1.  

   (2)   The following particulars in respect of a telecommunications provider who has been allocated numbers shall be recorded in the register—

   1.  

      (a)     the name and address of the telecommunications provider;

   1.  

      (b)     a description of the type of telecommunications service being provided;

   1.  

      (c)     particulars of numbers that have been allocated to telecommunications providers under the authority of the National Numbering Plan;

   1.  

      (d)     a note indicating that the telecommunication provider has paid the requisite fees;

   1.  

      (e)     such other particulars as may be required to adequately identify and locate the telecommunications service provider.

1.  

   (3)   The register may be maintained electronically.

1.  

   (4)   A person may, on the payment of the fee set out in the Schedule:

   1.  

      (a)     inspect the register; and

   1.  

      (b)     make a copy of, or take extracts from, the Register.

1.  

   (5)   If the register is maintained electronically, a person is taken to have made a copy of, or taken an extract from the Register, if the Commission gives the person a printout of the relevant parts of the Register.

1.  

   (6)   A person may request a copy to be provided in electronic form and the Commission may provide the information—

   1.  

      (a)     on a data storage device; or

   1.  

      (b)     by way of electronic transmission.

6.   Obligations of a telecommunications provider

A telecommunications provider shall be required to use telecommunications numbers as allocated by the Commission and in accordance with the national numbering plan and shall ensure that telecommunications numbers are—

1.  

   (a)     utilized efficiently;

1.  

   (b)     limited to provision of telecommunications services;

1.  

   (c)     utilized in a manner that telecommunications facilities or services may be identified;

1.  

   (d)     utilized and paid for, as required by the Act, in accordance with the procedures for assignment of telecommunications numbers.

7.   Assignment of telecommunications numbers

Where an application is submitted and the Commission determines that, based on the national numbering plan, the telecommunications numbers required for provision of telecommunications services in the application are available, and upon payment of the requisite fee, the Commission shall assign the numbers with or without conditions.

8.   Fees

1.  

   (1)   Notwithstanding the Telecommunications (Fees) Regulations, numbering fees shall be payable in accordance with the provisions set out in the Schedule.

1.  

   (2)   The numbering fees payments shall be as follows—

   1.  

      (a)     an application fee payable on the making of an application;

   1.  

      (b)     an initial fee payable on the allocation of a code or a block of codes; and

   1.  

      (c)     an annual fee payable on the 1^st day of November of each year for each code or block of codes allocated to an operator.

9.   Cancellation of use of telecommunications numbers

1.  

   (1)   Where a telecommunications provider fails to use a number assigned to him by the Commission or fails to pay requisite fees, he or she shall be required to submit to the Commission reasons for such failure.

1.  

   (2)   Where the telecommunications provider fails to satisfy the Commission with regard to regulation 9 (1), the Commission may take regulatory measures including cancellation of the assignment.

10.   Compliance with the national numbering plan

1.  

   (1)   A telecommunications provider shall comply with the requirements, conditions or restrictions set out in the national numbering plan established and managed by the Commission in accordance with section 51 of the Act.

1.  

   (2)   Where a telecommunications provider fails or ceases to meet any of the requirements, conditions or restrictions set out in the National Numbering Plan he or she commits an offence and is liable upon summary conviction to a fine not exceeding $10,000.

Schedule

(Regulation 5)

1.  

   (a)     Fees for obtaining copies or extracts of the National Telecommunications Register

   Medium	Fee
   Hard copy	$50 (entire Register) $2.00 (per page)
   Data storage device	$100
   Electronic Transmission	Free

(Regulation 8)

1.  

   (b)     Fees for the use of numbers

   	Application	Initial	Annual
   Central Office Codes (Block of 10,000 numbers)	$150	$220	$410
   Short Codes (Block of 10 codes)	$100	$575	$1060

Telecommunications (Quality of Service) Regulations – Section 73

(Statutory Instrument 148/2007)

Statutory Instrument 148/2007 .. in force 27 August 2007

ARRANGEMENT OF REGULATIONS

TELECOMMUNICATIONS (QUALITY OF SERVICE) REGULATIONS – SECTION 73

Commencement [27 August 2007]

1.   Citation

These Regulations may be cited as the Telecommunications (Quality of Service) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Telecommunications Act;

“billing accuracy” means the measure of the number of incorrect bills per 1000 bills issued where an incorrect bill is one which has been determined by the telecommunications provider or Commission to have been issued with an error;

“call completion success rate” means the percentage of originated calls successfully completed where a successfully completed call is established by a successful connection to the called number although the called party may not answer;

“Commission” means the National Telecommunications Regulatory Commission established by section 7 of the Act;

“compliance manual” means a document that includes details of work processes and information systems concerning criteria and parameter treatment, and details of algorithmic treatment of parameter calculations;

“connection of service” means the interval between approval of an application for a service and the provision of the service by the telecommunications provider;

“customer care service Answered and Attended” means the duration from the instant when the address information required for setting up a call is received by the network to the instant a human operator answers the calling party to provide the service requested where the service provided is not wholly automatic or does not employ the use of a voice response system;

“ECTEL” means the Eastern Caribbean Telecommunications Authority established by Article 2 of the Eastern Caribbean Telecommunications Authority Treaty;

“fault report” means a report of disrupted or degraded service that is made by a customer and is attributable to the network of the telecommunications service provider or any interconnected public network, and that is not found to be invalid;

“force majeure” means any event or effect that can be neither anticipated nor controlled and includes both acts of nature such as earthquake, flood, lightning and hurricane, and acts of people such as riot, strike, civil disorder, declared state of emergency and war or any similar act which the Commission determines to be force majeure;

“loss of service” means the interruption of the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals that the consumer has engaged the services of telecommunications provider to ensure that transmission, conveyance or routing occurs;

“peak period” means a twelve hour period of the day, between 6:00 am and 8:00 pm, on Monday to Friday and special days, that the relevant telecommunications provider designates as the period of high level of telecommunications traffic on its network;

“planned disruption of service” means the scheduled or planned downtime of the telecommunication service by the telecommunications provider;

“quality of service” means the measurement of the performance for a telecommunications network and the degree to which the network conforms to the stipulated parameters;

“quarter” means a period of 3 months ending 31st March, 30^th June, 30th September or 31st December in a calendar year;

“reconnection time” means the period between the settling of outstanding amounts by the customer and the resumption of service;

“reconnection of service” means the restoration of telecommunications service by the telecommunications provider after the telecommunications provider or its duly authorized agent receives overdue payment from the customer;

“reported fault cleared” means the duration from the instant a fault has been notified by the customer to the published point of contact of the telecommunications service provider to the instant when the service or service element has been restored to normal working order;

“reseller of service” means a telecommunications provider engaged in the subsequent sale or lease on a commercial basis with or without adding value, of a telecommunication service provided by a telecommunications provider on a wholesale basis;

“service level agreement” means a formally negotiated agreement between a wholesale service provider and a reseller of service with the main purpose of agreeing on the level of service the wholesale service provider provides to the reseller of service;

“service level objectives” means the level of service the wholesale service provider and the reseller of service agree on and usually include a set of service level indicators such as availability, performance and reliability;

“special days” means (i) Christmas Day, (ii) New Year's Day and (iii) Mothers' Day;

“standard installation” means an installation where the necessary equipment to carry out the installation is readily available and no significant additional resources are required;

“universal service provider” means a telecommunications provider that is required to provide universal service;

“unreported fault cleared” means the duration from the instant a fault has been detected by the telecommunications service provider to the instant when the service or service element has been restored to normal working order.

3.   Application

1.  

   (1)   These Regulations apply to a telecommunications provider of any of the following telecommunications services—

   1.  

      (a)     Public Fixed Telecommunications Service;

   1.  

      (b)     Public Mobile Telecommunications Service;

   1.  

      (c)     Internet Service.

1.  

   (2)   The Minister may, by Order published in the Gazette amend sub-regulation (1) to add to or remove any of the services to which these Regulations apply.

4.   Quality of service criteria and parameters

The quality of service criteria and parameters in respect of—

1.  

   (a)     Public Fixed Telecommunications Services are set out in Schedule 1;

1.  

   (b)     Public Mobile Telecommunications Services are set out in Schedule 2; and

1.  

   (c)     Internet Services are set out in Schedule 3.

5.   Publication of quality of service information

The Commission may, after consultation with ECTEL, determine the content, form and manner of publication of information on the quality of service to be provided by a telecommunications provider to its customers.

6.   Universal service providers

Nothing in these Regulations shall exempt a universal service provider from complying with the established quality of service criteria and parameters.

7.   Amendment of service criteria and parameters

1.  

   (1)   The Commission may, after consultation with ECTEL, and having regard to market needs or the regulatory objectives of the Commission make recommendations to the Minister to amend the service criteria and parameters set out in the Schedules.

1.  

   (2)   The Minister may, upon receipt of a recommendation from the Commission, amend the Schedules to these Regulations by Order published in the Gazette.

8.   Obligations of telecommunications provider

1.  

   (1)   A telecommunications provider may in addition to the criteria set out herein adopt additional service criteria or parameters to determine its level of quality of service.

1.  

   (2)   Where a telecommunications provider adopts additional criteria in accordance with sub-regulation (1) and introduces procedures and information systems intended for the treatment of quality of service criteria and parameters it shall notify the Commission at least 30 days prior to the intended introduction and shall notify the public of its quality of service information.

1.  

   (3)   In the notice sent to the Commission, the telecommunications provider shall detail all relevant matters including the methods and systems used for their measurement.

9.   Obligations of Wholesale service providers

A wholesale service provider who intends to make his or her retail services available as wholesale services to a reseller of service shall enter into a service level agreement with a wholesale service provider to ensure that the service being delivered to the customer meets the desired expectation of the customer with regard to the quality of service being provided.

10.   Content of service level agreements

A service level agreement shall include the following provisions related to-

1.  

   (a)     definition of the service being provided;

1.  

   (b)     the measurement of performance;

1.  

   (c)     service level objectives;

1.  

   (d)     duties of the wholesale service provider;

1.  

   (e)     duties of the reseller of service;

1.  

   (f)     problem management;

1.  

   (g)     warranties;

1.  

   (h)     disaster recovery;

1.  

   (i)     dispute resolution; and

1.  

   (j)     penalties.

11.   Connection service time

1.  

   (1)   Requests for connection of service that do not involve a standard installation because the telecommunications provider—

   1.  

      (a)     does not supply the particular service in the requested geographical area;

   1.  

      (b)     cannot technically install the service within the time frame provided for in the Schedules; or

   1.  

      (c)     cannot install the service because it is not technically feasible;

1.  

   are excluded from the operation of these Regulations.

1.  

   (2)   The burden of proving that the service cannot technically be installed within the time frame set out in the Schedules or that it is not technically feasible to install the service shall lie with the telecommunications provider.

1.  

   (3)   Notwithstanding sub-regulation (1), where a service provider and a consumer agree that a request for connection would be completed within an agreed time frame, the delivery time shall be taken into consideration for measurement purposes.

12.   Compliance manual

1.  

   (1)   A telecommunications provider shall, within 3 months after the introduction of the criteria and parameters established in the Schedules, keep current a compliance manual in respect of each service that it is licensed to provide.

1.  

   (2)   A telecommunications provider shall not delete any part of the compliance manual without the prior written consent of the Commission.

1.  

   (3)   The telecommunications provider shall keep and provide the compliance manual referred to in subregulation (1) in any format directed by the Commission.

1.  

   (4)   Where the Schedules hereto have been amended, the affected telecommunications providers shall within 30 days of the coming into effect of those amendments include them with any necessary adaptations in the compliance manual referred to in subregulation (1).

13.   Record keeping

A telecommunications provider shall retain quality of service data as well as all measurements and related records for a minimum period of 18 months after the end of the reporting period or until such time as the Commission may direct.

14.   Information to Commission

1.  

   (1)   A telecommunications provider shall submit to the Commission on a quarterly basis a report on its achievements for each of the service criteria and parameters set out in the Schedules to these Regulations for the last reporting quarter.

1.  

   (2)   The telecommunications provider shall submit the report referred to in subregulation (1) on the last working day of the month following the end of the quarter.

1.  

   (3)   Where a telecommunications provider has not attained the service criteria and parameters set out in the Schedules hereto, the telecommunications provider shall state the reasons therefore and the time period within which it shall attain the required service criteria and parameters.

15.   Unpredictable situations and cases of force majeure

1.  

   (1)   In the event of a natural disaster or other case of force majeure affecting quality of service, a telecommunications provider shall within the reporting period in which the natural disaster or other case of force majeure occurred—

   1.  

      (a)     provide the Commission with satisfactory information with regard to compliance with quality of service requirements during the reporting period; and

   1.  

      (b)     make available to the Commission and the public details of the achieved level of compliance during the reporting period.

1.  

   (2)   The Commission may take into account factors relating to—

   1.  

      (a)     any changes in environmental or operating conditions that could not have been reasonably foreseen by the telecommunications provider; or

   1.  

      (b)     any service deficiencies that arise partly or wholly from the operations of another telecommunications provider,

1.  

   which may affect a telecommunications provider's ability to achieve the quality of service criteria and parameters as set out in the Schedules.

1.  

   (3)   Where a telecommunications provider is unable to submit a report during the relevant quarter as a result of a natural disaster or a case of force majeure, he or she may apply to the Commission in writing for an extension of time.

1.  

   (4)   In the event of a natural disaster or a case of force majeure, the Commission may exempt a telecommunication provider from the obligation to submit a report during the quarter in which the natural disaster or the case of force majeure occurred until the subsequent quarter.

16.   Making available information to customer

1.  

   (1)   A telecommunications provider shall, before it concludes a contract with a customer, make available to that customer clear and up-to-date information on its quality of service for each service that it is licensed to provide.

1.  

   (2)   Notwithstanding subregulation (1), before the last working day of January in each year, a telecommunications provider shall publish on its website and in one newspaper of wide circulation in Saint Lucia—

   1.  

      (a)     clear and up-to-date information on the average performance levels achieved during the previous year compared with each criterion and parameter detailed in the Schedules to these Regulations;

   1.  

      (b)     clear and up-to-date information on the minimum and average quality of service levels it proposes to provide to customers in the course of the year.

17.   Advance notice

A telecommunications provider shall give customers advance notice of planned interruption of service by publishing the notice in the electronic media or the print media.

18.   Compliance and enforcement

1.  

   (1)   Notwithstanding regulation 17, a telecommunications provider to whom these Regulations apply shall comply with the obligations provided for in these Regulations within 6 months of the coming into effect of these Regulations.

1.  

   (2)   A telecommunications provider who—

   1.  

      (a)     fails to comply with these Regulations after 6 months have elapsed from the coming into effect of these Regulations;

   1.  

      (b)     fails to submit during a time period specified in these Regulations or by the Commission, information requested by these Regulations;

   1.  

      (c)     submits or publishes false or misleading information relating to quality of service; or

   1.  

      (d)     obstructs or prevents an investigation by the Commission of the quality of service measurement, reporting or record keeping procedures,

1.  

   commits an offence and is liable to the enforcement measures outlined in the Act including suspension of its licence as provided for in section 40 of the Act.

1.  

   (3)   Without prejudice to sub-regulation (2), the Commission may take one or more of the following enforcement measures—

   1.  

      (a)     require the telecommunications provider to implement a remedial plan to improve the quality of service of the relevant services over a period to be determined by the Commission; and

   1.  

      (b)     require the telecommunications provider to publish additional information about the quality of the relevant service and, if so determined by the Commission, its implementation of the remedial plan.

Schedule 1

Schedule 2

Schedule 3

Telecommunications (Wholesale) Regulations – Section 73

(Statutory Instrument 168/2007)

Statutory Instrument 168/2007 .. in force 17 September 2007

ARRANGEMENT OF REGULATIONS

TELECOMMUNICATIONS (WHOLESALE) REGULATIONS – SECTION 73

Commencement [17 September 2007]

PART 1
PRELIMINARY

1.   Citation

These Regulations may be cited as the Telecommunications (Wholesale) Regulations.

2.   Interpretation

In these Regulations:

“Act” means the Telecommunications Act;

“dominant wholesale service provider” means a public network operator who is designated by the Commission as dominant for the purposes of providing special wholesale services under regulation 5;

“public network operator” means a person who provides telecommunications services between 2 parties neither of whom is affiliated with such person, accepts the rights and obligations of public network operators and is licensed to operate a public telecommunications network;

“public telecommunications network” means a telecommunications network used for the provision of telecommunications services to the public;

“retail service” means a telecommunications service that a public network operator provides at retail to end-user customers;

“special wholesale service” means a wholesale service which consists of the essential components or functions of a total retail service, and any ancillary services necessary for other providers of telecommunications services to efficiently provide a total retail service to end-users;

“telecommunications services” means services provided by means of telecommunications facilities, and includes the provision in whole or in part of telecommunications facilities and any related equipment, whether by sale, lease or otherwise or such other services as may be prescribed by the Minister from time to time;

“total retail service” means retail service that includes the components or functions required to be offered on a wholesale basis as a special wholesale service as determined in regulation 7;

“wholesale service” means a retail service or element of a retail service that is purchased from a public network operator by a telecommunications provider for resale to the public.

3.   Availability of retail services for wholesale

1.  

   (1)   A public network operator shall make available all of its retail services as wholesale services to a telecommunications provider on a nondiscriminatory basis and without discriminatory conditions or limitations.

1.  

   (2)   A wholesale service that is expressly intended for one category of customers shall not be resold to another category of customers.

1.  

   (3)   A public network operator shall not discriminate in favour of its end-user customers or against other providers of telecommunications services.

4.   Dominant wholesale service provider

1.  

   (1)   The Commission, acting on the recommendation of ECTEL, and by notice published in the Gazette, may, with respect to a particular market or markets, designate a public network operator as a dominant wholesale service provider for the purposes of providing retail services at a discount and providing special wholesale services.

1.  

   (2)   If the Commission has determined, after a public consultation process, that a public network operator:

   1.  

      (a)     enjoys a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers in a market or markets for telecommunications services in Saint Lucia; and

   1.  

      (b)     in the best interests of consumers of the telecommunications services, the public network operator be so designated,

1.  

   the Commission shall designate the public network operator a dominant wholesale service provider.

1.  

   (3)   The Commission may undertake a consultation process which will commence with a preliminary determination of market dominance and the designation of one or more dominant wholesale service providers.

1.  

   (4)   The Commission shall notify a public network operator who is preliminarily determined and designated by the Commission to be a dominant wholesale service provider of the determination and designation and shall provide the public network operator with the opportunity to respond in writing within 30 days of the preliminary determination and designation.

1.  

   (5)   The Commission shall cause the response of the public network operator to be published in a notice in a newspaper of wide circulation.

1.  

   (6)   Interested parties may comment in writing to the Commission within 15 days of the publication of the response of the network operator.

1.  

   (7)   The Commission shall forward the comments of all interested parties to the affected network operator.

1.  

   (8)   The affected public network operator shall reply to interested parties within 15 days of such comments being received.

1.  

   (9)   The Commission shall issue its final determination of market dominance no later than 30 days after all comments have been filed with it.

1.  

   (10)   Notwithstanding this regulation, a public network operator may consent to being treated as a dominant wholesale service provider.

1.  

   (11)   The Commission, acting on the recommendation of ECTEL or acting on a petition filed by a dominant wholesale provider, and by notice published in the Gazette, may determine that the conditions specified in sub-regulation (1) of this regulation no longer exist with respect to a particular market or markets and, if it so determined by the Commission, shall remove the designation of dominant wholesale provider from a public network operator.

5.   Wholesale service discount

1.  

   (1)   The Commission, acting on the recommendation of ECTEL and by notice published in the Gazette, may determine, after a public consultation process, a standard wholesale discount from retail prices at which dominant wholesale service providers must offer wholesale services.

1.  

   (2)   A dominant wholesale service provider may apply for a standard wholesale discount to be amended.

1.  

   (3)   The standard wholesale discount shall be applied to all retail services of a dominant wholesale service provider until such time as the Commission has determined that a different discount is justified for any retail service or groups of retail services.

1.  

   (4)   Where the Commission determines that a different wholesale service discount is justified, the Commission shall notify the public of the new wholesale service discount that is to be applied.

1.  

   (5)   The new wholesale service discount shall take effect within 30 days of publication by the Commission.

1.  

   (6)   The wholesale service discount shall be calculated to reflect the costs associated with providing a retail service to end-user customers that the dominant wholesale service provider avoids when making such service or services available as wholesale services offset by the costs the dominant wholesale service provider may incur to make such retail service or services available as wholesale services.

6.   Special wholesale services

1.  

   (1)   The Commission, acting on the recommendation of ECTEL and by notice published in the Gazette and on the Commission's website, may require, after a public consultation, a dominant wholesale service provider to make available special wholesale services.

1.  

   (2)   A special wholesale service shall consist of components or functions of a retail service which are determined to be essential in order for other providers of telecommunications services to offer a total retail service to end-users that is competitive with the total retail service of the dominant wholesale service provider and which the other providers of telecommunications services cannot economically supply themselves or obtain from a public network operator other than the dominant wholesale provider.

1.  

   (3)   A special wholesale service shall include either the essential components or functions of the total retail service, and any ancillary services necessary for other providers of telecommunications services to efficiently provide the total retail service.

7.   Special wholesale service tariffs

1.  

   (1)   A dominant wholesale service provider shall publish and file with the Commission tariffs for special wholesale services.

1.  

   (2)   The tariffs for special wholesale services shall be nondiscriminatory and shall comply with the competitive safeguards contained in regulation 9 (1) and 9 (2).

1.  

   (3)   The Commission shall have the authority to ensure that the special wholesale service tariffs are compliant with the Act and the Regulations, including the competitive safeguard contained in regulation 9(1) and 9 (2).

8.   Competitive safeguards

When a dominant wholesale service provider seeks to raise the price of a special wholesale service or reduce the price of the corresponding total retail service, the dominant wholesale service provider shall demonstrate to the satisfaction of the Commission that the prices of its special wholesale services satisfy the imputation standard contained in sub-regulation (2).

Telecommunications (Spectrum Management) Regulations – Section 73

(Statutory Instrument 119/2008)

Statutory Instrument 119/2008 .. in force 29 December 2008

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

PART 2
MANAGEMENT OF SPECTRUM

PART 3
ROLE OF COMMISSION

PART 4
MISCELLANEOUS

TELECOMMUNICATIONS (SPECTRUM MANAGEMENT) REGULATIONS – SECTION 73

Commencement [29 December 2008]

PART 1
PRELIMINARY

1.   Citation

These Regulations may be cited as the Telecommunications (Spectrum Management) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Telecommunications Act;

“ECTEL” has the same meaning as that ascribed to it in the Telecommunications Act;

“harmful interference” means any radiation or induction that endangers the functioning of a radio navigation service or of a safety service or obstructs or repeatedly interrupts a radio service operating in accordance with the table of frequency allocations and these Regulations;

“incidental emissions” means radio-frequency energy generated and emitted during the course of normal operation of a device that is not intentionally designed to generate or emit unwanted radio frequency energy;

“radio” means the general term applied to the use of electromagnetic waves of frequencies arbitrarily lower than 3,000GHz, propagated in space without artificial guide;

“radio frequency” means any frequency within the electromagnetic spectrum associated with radio wave propagation;

“radio station” means any facility or installation that emits or receives radio frequencies;

“Region 2” means the geographical area defined by the International Telecommunication Union that covers North America, Central America and South America and the Caribbean;

“station” means one or more transmitters or receivers or a combination of transmitters or receivers, including the accessory equipment, necessary at one location for carrying out a radio communication service, or the radio astronomy service.

3.   Application

1.  

   (1)   These Regulations apply to all matters relating to the management and monitoring of radio frequency.

1.  

   (2)   All persons utilising radio frequency for, or in relation to the operation of a telecommunications network, or providing a telecommunications service, shall obtain frequency authorisation for the use of such frequency.

PART 2
MANAGEMENT OF SPECTRUM

4.   Commission to manage spectrum

1.  

   (1)   The Commission shall manage and control the use of electromagnetic spectrum in Saint Lucia.

1.  

   (2)   Subject to the ECTEL recommended regional radio spectrum plan, the Commission may establish a national plan for the allocation and assignment of radio frequencies and review and amend such plan whenever necessary.

1.  

   (3)   The regional radio spectrum plan shall comply with the regional plan of frequency allocation of Region 2 and the Master Table of Frequencies of the International Telecommunication Union.

1.  

   (4)   The National Plan shall also take into consideration the policy and objectives related to future use of Radio Frequency in Saint Lucia.

1.  

   (5)   The management of electro-magnetic spectrum shall as far as is practicable, be in conformity with the Regional Radio Spectrum Plan recommended by ECTEL.

5.   Commission to use monitoring equipment

1.  

   (1)   The Commission shall monitor the use of radio frequencies in Saint Lucia in order to ensure compliance with these Regulations and that holders of frequency authorization comply with the conditions, regulations and terms of those authorizations.

1.  

   (2)   The Commission may use spectrum management and monitoring equipment to detect illegal use of frequencies or equipment.

1.  

   (3)   The results of such monitoring shall be prima facie evidence of the use of radio frequencies and radio equipment in Saint Lucia.

6.   Commission to coordinate its management activities

Where the management of the spectrum involves the use of the electro-magnetic spectrum by the armed forces, police force, public security or civil aviation, the Commission may consult with the relevant body.

7.   Temporary use of frequencies

1.  

   (1)   The Commission may recommend that the Minister authorise, on a temporary basis only, the use of frequencies outside the scope of the Regional Radio Spectrum Plan for projects of short duration or emergencies if the Commission considers that exceptional circumstances require the utilisation, and that harmful interference will not be caused to services operating in accordance with the Regional Spectrum Management Plan or the National Plan if established.

1.  

   (2)   The frequency authorisations referred to in subregulation (1) shall not be used for any commercial purpose or to develop any service to be operated on frequencies other than those allocated to that service.

1.  

   (3)   All frequency authorisations, except those issued for projects of short duration or emergencies, shall, prior to their issuance be forwarded to ECTEL for its advice and comments.

1.  

   (4)   All frequency authorisations issued for projects of short duration or emergencies shall as soon as practicable be forwarded to ECTEL for its information.

8.   Use of government agency frequency by non-government agency

1.  

   (1)   Where a frequency has been assigned to a government agency the Commission, may recommend to the Minister that he or she grants permission to a non-governmental agency to use that frequency.

1.  

   (2)   The recommendation in subregulation (1) shall be made after consultation with the appropriate government agency and ECTEL.

1.  

   (3)   In the consultation referred to in subregulation (2) the relevant government agency shall certify that the frequency required by the non-governmental agency is necessary for the purpose of coordinating activities between the government and non governmental agencies.

1.  

   (4)   A recommendation made pursuant to subregulation (1) may include the following conditions:

   1.  

      (a)     the non governmental agency shall not cause harmful interference to a frequency authorisation holder;

   1.  

      (b)     in the event the non governmental agency causes harmful interference to a frequency authorisation holder the non governmental agency shall take immediate steps, up to and including cessation of operation, to eliminate the harmful interference;

   1.  

      (c)     where a frequency authorisation holder causes harmful interference to a non governmental agency, the frequency authorisation holder may take such steps as it deems necessary to eliminate the harmful interference.

9.   Capacity of equipment

Equipment utilised by a frequency authorisation holder shall be capable of being adapted within a reasonable time frame so that it may receive and transmit on any frequency in the bands assigned to the holder of that authorisation.

PART 3
ROLE OF COMMISSION

10.   Guidelines for assigning frequencies

In recommending to the Minister in relation to the assignment of frequencies, the Commission shall take into account—

1.  

   (a)     the views of ECTEL;

1.  

   (b)     representations or objections that are timely and duly made and not withdrawn;

1.  

   (c)     the availability of frequencies and the ability for sharing the frequencies;

1.  

   (d)     the distribution of frequencies between commercial, noncommercial, rural, urban, military or other categories;

1.  

   (e)     the need for, and location of radio frequency spectrum in use, or to be used by the national Government; and

1.  

   (f)     the technical characteristics of the equipment involved, and its capability to interconnect with other communications equipment and networks.

11.   Management of electro- magnetic spectrum

1.  

   (1)   Subject to the Act and these Regulations, the Commission shall:

   1.  

      (a)     manage and control incidental emissions or emissions from exempted low powered emitters of the electro-magnetic spectrum;

   1.  

      (b)     manage and control the use of the electro-magnetic spectrum from, to and within the territory of Saint Lucia; and

   1.  

      (c)     put into place measures, give directives and make recommendations to prohibit or minimize the incidence of those emissions.

1.  

   (2)   The Commission may issue a directive requiring a person to comply with technical regulation in respect of the emission of electromagnetic radiation from equipment of any description.

1.  

   (3)   The Minister may limit the number of frequency authorizations in a given frequency band, after a public consultation, to ensure the efficient use and management of the electro-magnetic spectrum.

1.  

   (4)   A public consultation under subregulation (3) shall be for the purpose of bringing matters to which it relates to the attention of those likely to be affected and to provide opportunity for comment.

1.  

   (5)   The public consultation shall be in accordance with the Commission's established guidelines and published on the Commission's website, in the Gazette and in a local newspaper with general circulation in Saint Lucia.

12.   Harmful interference

1.  

   (1)   Where the Commission receives a complaint of harmful interference resulting from the operation of a radio station the Commission shall as soon as is practicable investigate that complaint.

1.  

   (2)   Where the Commission determines that the source of the harmful interference is from within another ECTEL Member State the affected Commission shall immediately notify ECTEL.

1.  

   (3)   Where ECTEL is notified pursuant to regulation 12 (2), ECTEL shall request the Commission of the other ECTEL Member State to investigate the complaint.

1.  

   (4)   Where a Commission finds evidence to support a complaint, it shall give the alleged wrongdoer 7 days from the date of service of the notice to satisfactorily respond to the complaint.

1.  

   (5)   Upon request of the alleged wrongdoer, the Commission may extend by not more than 7 days, the time required to satisfactorily remedy the harmful interference.

1.  

   (6)   Where the party is a frequency authorisation holder and does not request an extension pursuant to regulation 12(5) and it fails to satisfy the Commission that it is not causing harmful interference as alleged or fails to remedy the breach, the Commission shall immediately submit to the Minister a report including details of the complaint, results of the investigation, any response from the frequency authorization holder and the Commission's recommendation to revoke, suspend or vary the non-statutory terms and conditions of the frequency authorisation.

1.  

   (7)   The Minister, upon receipt of the recommendation from the Commission, shall give that frequency authorisation holder notice in writing in accordance with the Act of the Minister's intention to revoke or suspend the frequency authorisation specifying the ground on which he proposes to do so, and giving the frequency authorisation holder an opportunity to—

   1.  

      (a)     present his or her views;

   1.  

      (b)     satisfy the Minister that it is not causing the harmful interference as alleged;

   1.  

      (c)     provide satisfactory reasons why the frequency authorization should not be revoked or suspended or its non-statutory terms or conditions varied.

1.  

   (8)   Where harmful interference is from a source in a non-ECTEL Member State, the Commission shall advise ECTEL and ECTEL shall as soon as is practicable initiate the procedure established by the International Telecommunication Union for the management of electromagnetic interference between its ECTEL Member States.

1.  

   (9)   If after the Commission has conducted the investigation it is of the view that the harmful interference is from an unauthorized source within Saint Lucia it shall:

   1.  

      (a)     advise the offender of the illegal operation and request that the offender ceases and desists from transmitting on unauthorized frequency;

   1.  

      (b)     in the event that the offender fails to comply with the Commissions request the Commission shall as soon as is practicable advise ECTEL and submit a report including the results of its investigation to the Director of Public Prosecutions detailing the breach of the Act.

13.   Obligation to give information

1.  

   (1)   A licensee or frequency authorisation holder, its agents or servants on or at any premises or place entered by an inspector or other authorised officer of the Commission under this regulation, shall give to the inspector or other authorised officer any information he or she may reasonably require for the purposes of these Regulations and shall not hinder or obstruct him or her in the performance of his or her functions.

1.  

   (2)   In this regulation “authorised officer” means an officer authorised in writing by the Minister.

PART 4
MISCELLANEOUS

14.   Reassignment of Radio Frequencies

1.  

   (1)   The Minister may, on the advice of the Commission and consistent with the Regional Spectrum Management Plan, reassign frequency:

   1.  

      (a)     to allow for the introduction of new technology;

   1.  

      (b)     where it is necessary to ensure the efficient use of the radio spectrum;

   1.  

      (c)     where the overall demand for radio frequency for a particular telecommunications service cannot be met; or

   1.  

      (d)     where a frequency authorisation holder requests frequency held by another frequency authorisation holder and the Minister considers it appropriate to do so.

1.  

   (2)   The Commission shall, before advising the Minister regarding the reassignment of radio frequency:

   1.  

      (a)     consult with ECTEL;

   1.  

      (b)     allow any person likely to be affected by the proposed activity an opportunity to make representations;

   1.  

      (c)     ensure that any person licensed to provide telecommunications services or establish and operate a telecommunications network is able to maintain continuity in the provision of the relevant services or networks;

   1.  

      (d)     give holders of existing frequency authorisations reasonable notice of the pending reassignment; and

   1.  

      (e)     where necessary publish specific objectives and nondiscriminatory procedures for the proposed reassignment.

1.  

   (3)   Where a reassignment is made pursuant to subregulation (1) (d), a frequency authorisation holder shall not be entitled to compensation.

1.  

   (4)   Where a reassignment is made pursuant to subregulation (1) (d), the holder of a frequency authorisation for that frequency may be entitled to compensation from the requesting licensee.

1.  

   (5)   Compensation referred to under subregulation (4) shall be for costs reasonably incurred in complying with that reassignment.

Telecommunications (Universal Service Fund) Regulations – Section 73

(Statutory Instrument 120/2008)

Statutory Instrument 120/2008 .. in force 29 December 2008

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

PART 2
UNIVERAL SERVICE FUND

PART 3
FUND ADMINISTRATION

PART 4
ACCOUNTING REQUIREMENTS

PART 5
FUND PROJECTS

PART 6
PROCUREMENT

PART 7
PPROJECT IMPLEMENTATION

TELECOMMUNICATIONS (UNIVERSAL SERVICE FUND) REGULATIONS – SECTION 73

Commencement [29 December 2008]

1.   Citation

These Regulations may be cited as the Telecommunications (Universal Service Fund) Regulations.

PART 1
PRELIMINARY

2.   Commencement

These Regulations shall come into force on the date of its publication in the Gazette.

3.   Interpretation

1.  

   (1)   In these Regulations unless the context otherwise requires—

“Act” means the Telecommunications Act;

“bid bond” means a guarantee to ensure that a bid will remain valid during the period stated in the bidding document;

“bidding documents” means a set of documents issued by the Commission for the purposes of soliciting bids in the course of the procurement process;

“contract bond” means a bond to secure the performance of a Fund project;

“contractor” means a telecommunications provider who is awarded a contract in accordance with regulation 32;

“financial year” means the financial year of the Commission;

“Fund” means the Universal Service Fund established under section 43 of the Act;

“Fund Administrator” means a person appointed under regulation 10;

“Fund operating plan” means a document outlining proposals for Fund operations for a given year;

“Fund project” means a project financed from the Fund;

“guidelines” means a document of policy and procedures issued by the Commission under regulation 7 for the effective carrying out of the provisions of these Regulations;

“restricted bidding” means the direct solicitation of a limited number of potential bids where there is reason to believe that the service required is available from a limited number of potential contractors;

“universal service” includes the provision of:

1.  

   (a)     public voice telephony;

1.  

   (b)     internet access;

1.  

   (c)     telecommunications services to schools, hospitals and similar institutions, and the physically challenged; or

1.  

   (d)     other service by which people access efficient, affordable and modern telecommunications.

1.  

   (2)   Terms used in these Regulations shall have the meanings assigned to them under the Act.

4.   Scope

The aim of these Regulations is to provide for the management of the Universal Service Fund.

PART 2
UNIVERAL SERVICE FUND

5.   The Fund

1.  

   (1)   In accordance with sections 43 and 44 of the Act, there shall be established a Universal Service Fund.

1.  

   (2)   The Fund shall be managed by the Commission which shall—

   1.  

      (a)     collect and disburse the income of the Fund; and

   1.  

      (b)     make all relevant decisions with respect to the Fund consistent with the Act and these Regulations.

1.  

   (3)   The Fund shall consist of—

   1.  

      (a)     contributions by telecommunications providers as specified under the Act and by Order of the Minister;

   1.  

      (b)     any funds that may be directly appropriated by Parliament for purposes of the Fund; and

   1.  

      (c)     official grants, donations, bequests or other contributions, or transfers granted by an individual or other legal entity.

1.  

   (4)   The Commission may refuse any bequest, donation, grant or other contribution if the Commission considers it inconsistent with the best interest of the Fund.

6.   Objectives

1.  

   (1)   The Fund shall be used by the Commission to compensate any telecommunications provider who is required to provide Universal Service or to otherwise promote Universal Service.

1.  

   (2)   In using the Fund to promote universal service the Commission shall:

   1.  

      (a)     encourage efficient access to and use of telecommunication networks and services throughout Saint Lucia with special focus on rural, under-served and maritime areas, with a goal to help promote social, educational and economic development;

   1.  

      (b)     ensure the reasonable availability and affordability of basic and advanced telecommunications services, including voice telephony and internet access, as well as broadband connectivity over both wired and wireless networks at the community, household and individual levels, particularly where the commercial telecommunications market may be unable to deliver such services in a financially viable manner independently, as well as to the physically challenged, elderly, and indigent communities;

   1.  

      (c)     provide support for the introduction and expansion of telecommunications services to schools, health facilities and other organizations serving public needs;

   1.  

      (d)     promote technological innovation in the telecommunications sector.

7.   Role of the Commission

The Commission, in carrying out its obligations under the Act and these Regulations, shall—

1.  

   (a)     develop appropriate indicators of telecommunications access within Saint Lucia;

1.  

   (b)     identify appropriate targets for moving toward universal service nationwide within a reasonable time frame;

1.  

   (c)     determine, in consultation with ECTEL and the public and industry stakeholders, appropriate socio-economic criteria to identify the geographic areas, population groups, institutions and organizations that may be eligible to benefit from Fund projects;

1.  

   (d)     establish the mechanisms for proper management of the Fund;

1.  

   (e)     approve the application, qualification, and competitive bidding conditions for the awarding of funds under designated projects;

1.  

   (f)     evaluate and define the scope and terms of potential Fund projects;

1.  

   (g)     monitor Fund projects and enforce the terms of Fund project contracts;

1.  

   (h)     monitor and enforce the mechanism for the assessment, collection and recovery of the required contributions to the Fund;

1.  

   (i)     liaise and consult with the Minister and ECTEL to promote consistency between the operation of the Fund and national and regional telecommunications policies and take into account the policy of Government when determining which fund projects would receive funding in any given financial year;

1.  

   (j)     liaise and consult with telecommunications providers and other industry stakeholders on the status of telecommunications industry technologies, markets, and other relevant developments;

1.  

   (k)     consult with ECTEL, to determine whether sole source procurement can be used;

1.  

   (l)     issue Guidelines for the effective carrying out of the provisions of these Regulations; and

1.  

   (m)     implement the guidelines for the operation of the Fund.

8.   Role of ECTEL

1.  

   (1)   ECTEL shall provide assistance to the Commission in relation to the performance of technical tasks associated with the management of the Fund.

1.  

   (2)   Without limiting the generality of subregulation (1) ECTEL may contribute financial, accounting, technical and legal expertise in any or all of the following:

   1.  

      (a)     maintenance of Fund accounts;

   1.  

      (b)     telecommunications market analysis and review of Fund goals and objectives;

   1.  

      (c)     identification of prospective Fund projects;

   1.  

      (d)     conduct of project appraisals for short-listed projects;

   1.  

      (e)     development of documents and other materials for the competitive bidding process, including bidding documents;

   1.  

      (f)     valuation of bidder eligibility and technical and financial proposals;

   1.  

      (g)     evaluation of bids;

   1.  

      (h)     preparation of annual reports, project reviews and monitoring; and

   1.  

      (i)     reviewing and monitoring Fund projects.

1.  

   (3)   ECTEL shall recommend to the Commission whether sole source procurement may be used.

9.   Allocation of Funds

1.  

   (1)   The Commission shall take into account the objectives outlined in regulation 6 when allocating funds for Fund projects.

1.  

   (2)   In identifying projects for fund allocation the Commission:

   1.  

      (a)     shall promote the establishment of efficient, self-sustaining entities, which may continue to expand access to telecommunications on their own initiative, requiring the minimum amounts of Fund resources possible;

   1.  

      (b)     may use the Fund to support projects that may not be economically feasible without Fund support;

   1.  

      (c)     may use the Fund to finance projects to the extent necessary to create adequate economic incentives for investors.

PART 3
FUND ADMINISTRATION

10.   Fund Administrator

1.  

   (1)   There shall be a Fund Administrator who shall be appointed by the Commission.

1.  

   (2)   In appointing the Fund Administrator, the Commission shall consider candidates who meet the following qualifying criteria—

   1.  

      (a)     graduate of an accredited university, or a chartered or certified institute;

   1.  

      (b)     knowledge and experience in one or more of the following:

1.  

   management, finance, accounting, telecommunications or any other related field to ensure adequate performance of the requirements of the position; and

   1.  

      (c)     does not have a conflict of interest with regard to the principal functions of the Fund.

1.  

   (3)   A person who fails to disclose a conflict of interest to the Commission shall be liable to have his or her appointment as Fund Administrator summarily terminated without compensation.

1.  

   (4)   Subject to subregulation (5) the Fund Administrator shall be appointed on such terms and conditions as shall be set out in the contract of employment.

1.  

   (5)   The Fund Administrator shall report to the administrative head of the Commission for all personnel and administrative matters, but shall submit his or her recommendations for Fund Project decisions both to the administrative head and to the Commission.

11.   Duties of the Fund Administrator

1.  

   (1)   Subject to the direction of the Commission, the Fund Administrator shall do all things necessary for and incidental to the proper functioning of the Fund.

1.  

   (2)   The Fund Administrator's duties shall include the following—

   1.  

      (a)     to assist the Commission in identifying potential projects for Fund support;

   1.  

      (b)     to define, prepare and distribute bidding documents and other documentation for projects approved for Fund financing and implementation;

   1.  

      (c)     to supervise and monitor Fund projects;

   1.  

      (d)     to participate in the selection of consultants to support Fund project implementation;

   1.  

      (e)     to sensitize the public of Universal Service Fund matters;

   1.  

      (f)     to supervise the preparation and monitoring of the Fund's Operating budget;

   1.  

      (g)     to prepare progress reports on Fund Projects and overall Fund operations, and prepare or cause to be prepared the financial statements of the Fund for the approval of the Commission;

   1.  

      (h)     to request and receive project proposals; and

   1.  

      (i)     to prepare bid evaluation reports.

12.   Conflict of interest

1.  

   (l)   The Fund Administrator shall be considered to have a conflict of interest for the purposes of these Regulations, where he or she, or anyone in his or her immediate family has or acquires any pecuniary or other personal interest with respect to any Fund project.

1.  

   (2)   Where at any time the Fund Administrator has a conflict of interest in relation to any matter with respect to the Fund, the Fund Administrator shall immediately disclose the conflict of interest to the Commission and refrain from taking part, or any further part, in the matter.

1.  

   (3)   In the instances described in subregulation (2), the Commission may appoint a temporary or interim person to carry out the functions of Fund Administrator in relation to the relevant Fund project.

1.  

   (4)   Upon the Commission becoming aware of any conflict of interest, it shall take steps to ensure that the Fund Administrator does not participate in any decisions and actions relative to the matter giving rise to the conflict, and to modify its procedures accordingly with respect to that matter.

PART 4
ACCOUNTING REQUIREMENTS

13.   Fund bank accounts

1.  

   (1)   The Fund's income shall be kept in accounts, separate and independent from the other operating accounts of the Commission.

1.  

   (2)   The Fund's income shall be initially deposited in a designated Fund bank account and shall be disbursed upon authorization of the Commission for specific Fund related activities in accordance with the guidelines.

14.   Budgets

1.  

   (1)   The Commission shall prepare and keep separate budgets for the Fund Projects and Operations through accounting allocations.

1.  

   (2)   The Operating Budget shall be used for operating the Fund and administrative expenses charged to the Fund shall not exceed 10% of the annual budget of the Fund.

1.  

   (3)   The Fund project budget shall be allocated to Fund Projects that have been selected and approved for financing in accordance with these Regulations.

1.  

   (4)   Before the end of the financial year, the Commission shall prepare budget forecasts for the Fund for the following financial year, subject to the Fund operating plan, in accordance with the Guidelines.

15.   Accounts and financial audit

1.  

   (1)   The Commission shall keep books of accounts and maintain proper records of the operations of the Fund in accordance with international accounting standards.

1.  

   (2)   The accounts of the Fund may at any time and shall, at the end of each financial year, be audited by an independent auditor appointed by the Commission on such terms and conditions as the Commission may determine.

16.   Annual report

The Commission shall include in its annual report:

1.  

   (a)     the audited financial statements of the Fund;

1.  

   (b)     details of activities supported by the Fund; and

1.  

   (c)     details of awards of contracts.

PART 5
FUND PROJECTS

17.   Proposals for Fund projects

1.  

   (1)   A person may submit a proposal for a Fund project, according to procedures and formats set out by the Commission in the guidelines.

1.  

   (2)   The Fund Administrator shall request and receive project proposals for review.

18.   Defining Fund projects

1.  

   (1)   The Commission shall establish criteria, in accordance with the guidelines for determining the scope and nature of projects that may be eligible for Fund support in any given financial year.

1.  

   (2)   The Commission shall determine which proposed projects shall receive financial support from the Fund in any given financial year.

1.  

   (3)   A determination in accordance with subregulation (2) shall be based upon clear and transparent procedures, which may also include public consultations.

1.  

   (4)   Fund project bidding documents shall not unduly favour any particular bidder.

19.   Financial analysis, principles and methods

1.  

   (1)   All projects to be financed from the Fund shall be developed based upon economic evaluation of the costs and benefits to the country and the targeted populations, in accordance with the Guidelines.

1.  

   (2)   The Commission shall seek to support projects that can be self-sustaining beyond the Fund support.

1.  

   (3)   The Commission shall consult with ECTEL when conducting financial and market analysis to evaluate factors that may influence a project's viability.

1.  

   (4)   In all financial and economic analysis, the Commission and ECTEL shall incorporate forward-looking estimates of costs and revenues, based upon realistic projections and verifiable source information concerning market trends.

20.   Compensation for Fund projects

1.  

   (1)   In accordance with section 44 of the Act, the Fund shall compensate a telecommunications provider who is required to provide telecommunications service.

1.  

   (2)   For the purposes of section 44 of the Act, “actual cost” means the net present value of net economic deficits that would be incurred by the telecommunications provider undertaking the full cost of the project on its own.

1.  

   (3)   Net economic deficit shall be calculated as the costs the telecommunications provider would have avoided by not providing the service (including capital expenditures, operating expense, and a reasonable rate of return on investment) less any revenues derived from providing the service.

PART 6
PROCUREMENT

21.   Eligibility

Notwithstanding the terms of their licence, existing telecommunications providers shall be automatically considered eligible to bid for all projects, and the licence shall be modified accordingly to incorporate the requirement to provide universal service as provided under section 42 of the Act.

22.   Procurement

1.  

   (1)   Subject to subregulation (2), Fund project implementation contracts shall be awarded on the basis of an open competitive bidding procedure.

1.  

   (2)   Notwithstanding subregulation (1), the Commission may, where it is deemed appropriate, award Fund Project implementation contracts on the basis of a restricted bidding procedure, a sole source procurement procedure or an emergency procurement procedure.

1.  

   (3)   The Commission shall determine which method of procurement is appropriate in the circumstances and manage the procurement process in accordance with the requirements and procedures set out in the guidelines.

23.   Open competitive bidding

Where the Commission determines that open competitive bidding is appropriate in the circumstances, it shall prepare bidding documents and publicly invite eligible interested parties to submit open competitive bids.

24.   Restricted bidding

Restricted bidding may be used where the estimated cost of the project is less than EC$250,000.00

25.   Sole source procurement

Where the Commission determines, in consultation with ECTEL, that there is only one economically feasible source to undertake a particular Fund project the Commission may use sole source procurement.

26.   Emergency procurement

The Commission may make emergency procurements for a Fund project without bidding or prior notice when there exists a threat to public health or public safety, or when immediate expenditure is necessary to prevent or minimize serious disruption in services.

27.   Bid bond

1.  

   (1)   The Commission may, where applicable and in such a manner as outlined in the guidelines, include in the bidding documents a requirement for a bid bond.

1.  

   (2)   Forfeiture of a bid bond shall be imposed by the Commission only in the event of:

   1.  

      (a)     a modification or withdrawal of a bid after the deadline for the submission of bids during its period of validity;

   1.  

      (b)     refusal by a bidder to accept a correction of an error appearing on the face of the bid;

   1.  

      (c)     failure by a successful bidder to sign a contract in accordance with the terms set out in the bidding documents;

   1.  

      (d)     failure of a successful bidder to provide a contract bond for the performance of the contract as required by the Commission.

28.   Bid opening

The Commission shall include in the bidding documents the date, time, details and procedure for the opening of bids.

29.   Bid evaluation

1.  

   (1)   The Commission may co-opt independent evaluators to examine and evaluate the bids.

1.  

   (2)   On completion of the evaluation, the Fund Administrator shall prepare a written report detailing the examination and evaluation of bids and identifying the winning bid that meets the qualification criteria.

30.   Notice

The Commission shall notify bidders of the results of the bidding process within 28 days of the bid opening.

31.   Rejection of all bids

1.  

   (1)   The Commission may reject all bids within twenty one days of the bid opening where the Commission considers that the bids received are not substantially responsive to the requirements of the bidding documents or that the bid prices are higher than the project budget and shall inform the bidders of the rejection by written notice.

1.  

   (2)   Where the Commission rejects all bids because the lowest evaluated responsive bid exceeds the project budget, the Commission may:

   1.  

      (a)     enter into negotiations within 7 days of the notice referred to in regulation 27 with the lowest evaluated bidder to try and obtain a satisfactory contract; or

   1.  

      (b)     repeat the invitation for bids.

1.  

   (3)   Where the Commission rejects all bids because the bids are not substantially responsive to the requirements of the bidding documents, the Commission shall review the causes justifying the rejection and consider making revisions to the bidding documents before repeating the invitation for bids.

32.   Award

1.  

   (1)   The Commission shall award the contract within 14 days of the conclusion of negotiations by written notice to the bidder whose bid best meets the requirements and criteria set forth in the bidding documents.

1.  

   (2)   Upon selection of the successful bidder, the Commission shall cause the results to be published in a newspaper of wide circulation in Saint Lucia and posted on the Commission's website.

1.  

   (3)   After the award of the contract, the Commission shall cause the evaluation report to be opened to public inspection.

1.  

   (4)   Where sole source or emergency procurements are used, the Commission shall award the contract within 14 days of successful negotiation of the contract.

1.  

   (5)   Subject to section 42 of the Act, the award of a contract shall be subject to the grant of a licence by the Minister for the purpose of fulfilling the contract service requirements.

1.  

   (6)   The Commission may require a contractor to give a contract bond guaranteeing complete execution of the Fund project as required y the contract.

33.   Disputes and protests

The Commission shall give consideration to disputes and protests relating to:

1.  

   (a)     bidding documents;

1.  

   (b)     contract awards;

1.  

   (c)     debarment of contractors; and

1.  

   (d)     other Fund project related matters,

1.  

   in accordance with the guidelines.

34.   Cancellation of invitations for bids

1.  

   (1)   The Commission may cancel without penalty to bidders an invitation for bids or any other solicitation where it is in the best interest of the Fund.

1.  

   (2)   The Commission shall notify bidders of the reasons for cancellation.

1.  

   (3)   The Commission shall publish the reasons for cancellation on its website.

1.  

   (4)   Where an invitation for bid is cancelled, the Commission shall return within seven days in full any bid bond that was deposited with it to all bidders who were required to deposit a bid bond.

PART 7
PPROJECT IMPLEMENTATION

35.   Project implementation and follow-up

1.  

   (1)   The Commission shall ensure that all Fund projects are implemented in accordance with the terms and conditions of the contract.

1.  

   (2)   A contractor shall provide periodic reports to the Commission, detailing its progress in fulfilling contractual requirements and timetables, and explaining any delays.

1.  

   (3)   The Commission may, in cases it deems appropriate, provide an advance payment of no greater than 20% of the total Fund project, subject to reimbursement or a lien against equipment purchased in cases of non-compliance in accordance with regulation 33.

36.   Project accounts

1.  

   (1)   A telecommunications provider that receives Fund financing shall maintain separate books of account for each Fund project and shall make these accounts available for review by the Commission within 21 days of its request.

1.  

   (2)   Accounts kept under subregulation (1) shall include detailed records of all revenue and expenditure associated with the project, including calculation of the net costs of the project.

37.   Right to audit records

1.  

   (1)   A telecommunications provider receiving Fund financing shall maintain books and records relating to the performance of the contract for a period of 7 years from the date of final payment under the contract or completion of the contract, whichever is later.

1.  

   (2)   A telecommunications provider shall maintain all books and records required under subregulation (1) for review and audit by the Commission or anyone designated by the Commission.

1.  

   (3)   The Commission shall audit or cause to be audited a Fund Project at least once per year for each year that a Fund Project contract is in force, and at the end of the contract period, and the telecommunications provider shall cooperate fully with all audits.

38.   Sanctions for non-compliance

1.  

   (1)   Where a contractor fails to complete or comply with the requirements of a Fund Project contract, the Commission may require:

   1.  

      (a)     the contractor to compensate it up to the amount of funds paid, plus any administrative and legal costs incurred; or

   1.  

      (b)     the contractor to, where a contract bond was given by the contractor to secure the repayment of sums advanced by the Commission to execute a Fund Project:

      1.  

         (i)     pay or satisfy any claim or entitlement to payment of damages, compensation or other financial relief, or

      1.  

         (ii)     pay or satisfy such claim or entitlement up to the Bond Amount or at the Commission's option to perform or execute the contract or any other contractual obligation relating to the Fund Project.

1.  

   (2)   The Commission shall not require compensation under sub-regulation (1) until dispute resolution provisions under the contract have been exhausted.

Telecommunications (Retail Tariff) Regulations – Section 73

(Statutory Instrument 69/2005 and 110/2015)

Statutory Instrument 69/2005 .. in force 23 April 2005

Replaced by Statutory Instrument 110/2015 .. in force 7 December 2015

ARRANGEMENT OF REGULATIONS

PRELIMINARY

PART 1
REGULATION OF TARIFF

PART 2
TARIFF FOR TELECOMMUNICATIONS SERVICE

PART 3
PRICE REGULATION REGIME

Division 1
Price regulation regime

Division 2
Regulated Telecommunications Service

PART 4
TARIFF APPLICATION

PART 5
TREATMENT OF CUSTOMERS BY TELECOMMUNICATION PROVIDERS

PART 6
MISCELLANEOUS

TELECOMMUNICATIONS (RETAIL TARIFF) REGULATIONS – SECTION 73

Commencement [7 December 2015]

PRELIMINARY

1.   Citation

These Regulations may be cited as the Telecommunications (Retail Tariff) Regulations.

2.   Interpretation

1.  

   In these Regulations —

“Act” means the Telecommunications Act;

“bill” means —

1.  

   (a)     the information issued by a telecommunications provider to a customer of the charges due for payment; or

1.  

   (b)     the information retained by a telecommunications provider for the purpose of recording and enabling debits and credits to be applied to the account of a customer;

“bundle” means a combination of telecommunication services, whether regulated or unregulated, provided by a telecommunications provider under a combined rate or rate formula where the offering of one or more telecommunication services within the combination is contingent on the acceptance of the entire combination of telecommunication services;

“cost-based pricing” means setting the amount charged for a telecommunications service according to the cost of providing that telecommunications service;

“customer” means, in relation to a telecommunications provider, a person who uses or requests a telecommunications service from a telecommunications provider, including any person who uses or intends to use the telecommunications service for the purposes of, or in connection with, a business;

“directory” means a printed document containing the name, number and address of customers of telecommunication services which is made available to members of the public;

“directory enquiry facility” means a place for providing directory information supplied by a telecommunications provider through a telecommunications network;

“dominant telecommunications provider” means a telecom-munications provider that is declared to be dominant under regulations 15, 16, 17 and 20;

“emergency service” means a service provided by the police force, fire service, ambulance or other service relating to safety of life;

“new telecommunications service” means a telecom-munications service or a bundle which a telecom-munications provider does not provide or offer to provide at the time of making an application under regulation 23;

“price cap” means an incentive-based method for regulation of the tariff charged by a telecommunications provider for one or more regulated service;

“price floor” means a price regulation regime for a market or a group of markets in which a telecommunications provider is prohibited from pricing a service or services at less than a minimum price determined by the Commission;

“price regulation regime” means any system for regulating tariffs for a telecommunications service, such as, a price cap, a price floor, rate of return regulation and cost-based pricing;

“rate” means a fixed amount charged to provide a telecommunications service;

“rate of return regulation” means a price regulation regime where a price is set to enable a telecommunications provider to achieve a particular return on investment;

“regulated service” means a telecommunications service that is designated by the Commission or deemed a regulated service under regulation 13;

“retail price” means an amount charged by a telecom-munications provider to a customer for a telecom-munications service;

“special telecommunications service” includes —

1.  

   (a)     an emergency service;

1.  

   (b)     operator assistance;

1.  

   (c)     a directory enquiry facility; and

1.  

   (d)     any other service designated by the Commission as a special telecommunications service under regulation 14(1);

“tariff” means the rate, retail price, terms and conditions applicable to a telecommunications service;

“unregulated service” means a telecommunications service that is not a regulated service;

“wholesale price” means an amount charged by a telecom-munications provider of a telecommunications service to —

1.  

   (a)     resellers of a telecommunications service; or

1.  

   (b)     persons who use a telecommunications service as an input in the provision of other telecommunication services.

3.   Application and non-application

1.  

   (1)   These Regulations apply to telecommunication services that a telecommunications provider offers or provides to one or more customers or to other telecommunication providers.

1.  

   (2)   Notwithstanding subregulation (1), these Regulations do not apply to interconnection services under the Tele-communications (Interconnection) Regulations.

PART 1
REGULATION OF TARIFF

4.   Commission to regulate tariff

1.  

   (1)   Subject to these Regulations, the Commission shall, after consultation with ECTEL, regulate the tariff for telecommunication services offered or provided by a telecommunications provider.

1.  

   (2)   Without limiting the generality of subregulation (1), the Commission shall, after consultation with ECTEL —

   1.  

      (a)     set, review and approve tariffs for any telecommunications service;

   1.  

      (b)     require the publication of all tariffs for telecommunication services, whether regulated or unregulated;

   1.  

      (c)     publish and maintain an up to date list of regulated services on the website of the Commission;

   1.  

      (d)     publish a list of markets for telecommunication services on the website of the Commission;

   1.  

      (e)     declare a telecommunications provider as a dominant telecommunications provider in a relevant market;

   1.  

      (f)     declare a telecommunications service as a regulated service or unregulated service;

   1.  

      (g)     impose a price regulation regime in respect of any telecommunications service;

   1.  

      (h)     substitute or amend tariffs or any part of a tariff for a regulated telecommunications service;

   1.  

      (i)     investigate and resolve complaints relating to tariffs by customers or other telecommunication providers;

   1.  

      (j)     order compensation to be paid by a telecommunications provider to a customer or other telecommunications provider;

   1.  

      (k)     request information from a telecommunications provider relating to the retail price of telecommunication services or other financial information relating to the revenues or operations of a telecommunications provider;

   1.  

      (l)     monitor retail prices for telecommunication services;

   1.  

      (m)     regulate the tariff of a telecommunications service or group of telecommunication services where the Commission considers that it is just and reasonable to do so;

   1.  

      (n)     make decisions and issue directions to a telecommunications provider in respect of tariffs as the Commission considers appropriate; and

   1.  

      (o)     do all things reasonable and necessary in respect of regulating tariffs for telecommunication services.

PART 2
TARIFF FOR TELECOMMUNICATIONS SERVICE

5.   Tariff to satisfy minimum requirements

1.  

   (1)   Subject to subregulation (2), a telecommunications provider shall ensure that the retail price for a telecommunications service is determined in accordance with the principles of supply and demand in the market.

1.  

   (2)   A telecommunications provider shall provide a tariff for a telecommunications service that —

   1.  

      (a)     is fair and reasonable;

   1.  

      (b)     does not discriminate unduly among similarly situated persons, including the telecommunications provider and any body corporate with which the telecommunications provider is affiliated;

   1.  

      (c)     is not anti-competitive;

   1.  

      (d)     is priced above costs for providing a telecommunications service;

   1.  

      (e)     does not utilize revenues or the allocation of costs from one telecommunications service to cross-subsidize another telecommunications service, except with the written authorization of the Commission;

   1.  

      (f)     is clear, up to date and easily accessible by the public; and

   1.  

      (g)     charge the customer based on actual usage of the telecommunications service by the customer.

6.   Unfair and unreasonable tariff

1.  

   (1)   The Commission may consider that a tariff is unfair and unreasonable where a telecommunications provider proposes any or all of the following —

   1.  

      (a)     an increase of a retail price, notwithstanding a reduction in the underlying costs for providing the telecommunications service;

   1.  

      (b)     a retail price for a telecommunications service which significantly exceeds the costs for providing that telecommunications service;

   1.  

      (c)     an increase of a retail price that, having regard to the nature of the telecommunications service, is likely to have a significant impact on customers in Saint Lucia;

   1.  

      (d)     an increase of a retail price that is unrelated to the costs of providing a telecommunications service;

   1.  

      (e)     multiple retail price increases for the same telecommunications service within a 12 month period;

   1.  

      (f)     terms and conditions that, having regard to the nature of the telecommunications service, the relative bargaining power of the customer and the telecommunications provider involved, and the availability of a substitute telecommunications service from another telecommunications provider, are unduly onerous; or

   1.  

      (g)     a tariff that departs materially from accepted standards in the telecommunications industry for providing the telecommunications service to the public, to the detriment of customers.

7.   Disclosure and publication of tariff

1.  

   (1)   Upon the written request of the Commission, a telecommunications provider shall disclose to the Commission the tariffs for the telecommunication services provided by the telecommunications provider in such time and in such manner as the Commission specifies.

1.  

   (2)   The tariff disclosed by a telecommunications provider under subregulation (1) may be subject to a review by the Commission, on the recommendation of ECTEL, and if the tariff is accepted it is the official tariff for that telecommunications provider.

1.  

   (3)   Except where the Commission otherwise permits in writing, a telecommunications provider shall publish the tariff for the telecommunication services provided by the telecommunications provider —

   1.  

      (a)     in its directory, if any;

   1.  

      (b)     on the website of the telecommunications provider;

   1.  

      (c)     by sending or providing a copy of the tariff or any part of a tariff to a customer or group of customers that may reasonably request a copy; or

   1.  

      (d)     by placing a copy of the tariffs in every registered office and place of business owned or controlled by the telecommunications provider or body corporate with which it is affiliated, provided that such body corporate provides or offers to provide such telecommunication services to the public.

1.  

   (4)   Notwithstanding subregulation (3), the Commission may require a telecommunications provider to —

   1.  

      (a)     publish tariffs by one or all of the means specified in subregulation (3); and

   1.  

      (b)     publish a tariff for a particular telecommunications service in a newspaper of wide circulation in Saint Lucia.

1.  

   (5)   A telecommunications provider shall ensure that tariffs published for telecommunication services includes information relating to —

   1.  

      (a)     the name and address of the registered office of the telecommunications provider;

   1.  

      (b)     a clear description of the telecommunications service offered or provided by the telecommunications provider;

   1.  

      (c)     where any subscription or periodic rental charge is applicable, details of which telecommunication services are included within the charges;

   1.  

      (d)     standard rates and retail prices;

   1.  

      (e)     details of standard discounts and special and targeted tariff schemes in respect of —

      1.  

         (i)     access,

      1.  

         (ii)     all types of usage charges, and

      1.  

         (iii)     any maintenance services;

   1.  

      (f)     details of any compensation or refund policy;

   1.  

      (g)     any types of maintenance offered;

   1.  

      (h)     standard contract conditions offered, including any minimum contractual period; and

   1.  

      (i)     any means for resolving disputes.

8.   Anti-competitive conduct

1.  

   (1)   For the purposes of these Regulations, the Commission shall consider any of the following acts by a telecommunications provider to constitute anti-competitive conduct —

   1.  

      (a)     tying telecommunication services together in a manner that a customer is required when purchasing one telecommunications service to purchase another telecommunications service that the customer does not require;

   1.  

      (b)     providing to a customer more favourable retail prices that are not justified by differences in cost, if that customer acquires another telecommunications service that it does not require;

   1.  

      (c)     attempting to leverage a dominant position in one market so as to increase market share in another market where the telecommunications provider is not the dominant telecommunications provider, in order to gain an unfair advantage in that other market;

   1.  

      (d)     deliberately reducing the retail price for a tele-communications service without making corresponding reductions in the wholesale price for the tele-communications service, where the telecommunications provider also provides that telecommunications service at a wholesale price to a competing telecommunications provider, in order to gain an unfair advantage in the retail market;

   1.  

      (e)     agreeing with other telecommunication providers on retail prices, by fixing or otherwise agreeing, to manipulate retail prices for telecommunication services with other telecommunication providers;

   1.  

      (f)     attempting to impose restrictions on the retail price charged by another telecommunications provider, where the first telecommunications provider supplies the other telecommunications provider with products or tele-communication services;

   1.  

      (g)     entering into an exclusive agreement with any person on certain terms and conditions, such that the exclusivity has or may have the effect of substantially lessening competition in a related market; or

   1.  

      (h)     doing anything or taking any action which has or is likely to have the effect of preventing, substantially restricting, or distorting competition in any market.

9.   Unregulated telecommunications service

1.  

   (1)   A telecommunications provider shall ensure that it provides at least 21 days written notice to the Commission of any proposed change to a tariff for an existing unregulated telecommunications service.

1.  

   (2)   A telecommunications provider shall ensure that it notifies the Commission in writing of the introduction of any new unregulated telecommunication services within 14 days of the introduction the telecommunication services.

10.   Tariff review

1.  

   (1)   The Commission may review the tariff of an unregulated telecommunications service, in any case where —

   1.  

      (a)     a customer or a telecommunications provider requests a review in writing;

   1.  

      (b)     the Commission reasonably suspects that a tariff does not comply with regulations 5, 6 and 8;

   1.  

      (c)     the Commission has reasonable grounds to believe a proposed change to a tariff for an unregulated telecommunications service will have a significant impact on customers in Saint Lucia; or

   1.  

      (d)     ECTEL recommends a review.

1.  

   (2)   Where the Commission decides to review a tariff, the Commission shall, at least 30 days prior to the commencement of the review, publish a notice in a local newspaper of wide circulation in Saint Lucia and on the website of the Commission —

   1.  

      (a)     identifying the telecommunications provider, the telecommunications service and briefly describing the tariff to be reviewed;

   1.  

      (b)     stating the grounds for the review;

   1.  

      (c)     stating the address and other contact details of the Commission; and

   1.  

      (d)     informing the telecommunications provider and any interested persons that representations or submissions may be made to the Commission, subject to these Regulations or such other procedures as the Commission determines, acting on a recommendation from ECTEL.

1.  

   (3)   A telecommunications provider shall not implement a change to an existing tariff where a notice under subregulation (2) has been published by the Commission.

1.  

   (4)   Within 30 days of publication of the notice under subregulation (2), a telecommunications provider shall file the information setting out how the tariff complies with regulations 5, 6 and 8 and shall provide sufficient documentary evidence to enable the Commission to assess the application.

1.  

   (5)   The Commission shall review the tariff for the telecommunications service.

1.  

   (6)   Where the Commission determines that the rates are not compliant, the Commission, acting on the recommendation of ECTEL, may direct the telecommunications provider to —

   1.  

      (a)     take any necessary measures to bring the tariff into compliance with the regulations, bearing in mind the reasons for the non-compliance;

   1.  

      (b)     withdraw the tariff.

1.  

   (7)   Unless requested by the telecommunications provider, the Commission shall not review the same tariff, within 6 months of completion of a tariff review.

PART 3
PRICE REGULATION REGIME

Division 1
Price regulation regime

11.   Compliance with price regulation regime

1.  

   (1)   A telecommunications provider shall comply with the terms of any price regulation regime applicable to that telecommunications provider for the duration of the price regulation regime.

1.  

   (2)   A breach of the terms of a price regulation regime in effect for a telecommunications provider is deemed to be a breach of an agreement between the telecommunications provider and ECTEL.

12.   Procedure for adoption of price regulation regime

1.  

   (1)   ECTEL may recommend a draft price regulation regime applicable to a dominant telecommunications provider, for adoption by the Commission.

1.  

   (2)   Prior to recommending the adoption of a draft price regulation regime, ECTEL shall provide at least 30 days notice to the dominant telecommunications provider by publishing a notice on the website of ECTEL and providing the telecommunications provider with a copy of the proposed draft price regulation regime.

1.  

   (3)   Where ECTEL recommends the adoption of the draft price regulation regime —

   1.  

      (a)     the Commission shall, within 14 days of receipt of the recommendation, initiate a public consultation by publishing a notice in the Gazette, at least one local newspaper of wide circulation in Saint Lucia and on the website of the Commission, setting out the details of the price regulation regime, and allow not less than 90 days for the submission of comments by interested persons;

   1.  

      (b)     the Commission shall adopt any recommendations by ECTEL for the procedures to be followed in the conduct of the public consultations;

   1.  

      (c)     any person likely to be affected by the price regulation regime is entitled to make representations to the Commission on any matters relevant to the determination of ECTEL and the Commission;

   1.  

      (d)     upon expiration of any public consultation period under paragraph (a), ECTEL may revise the price regulation regime, taking account of any relevant representations made under paragraph (c), and submit a final price regulation regime for adoption by the Commission, provided that, at any time after the conclusion of the public consultation period referred to in paragraph (a), ECTEL may recommend the adoption of the price regulation regime, with or without amendment, and the Commission shall either approve or disapprove it, without modification, within 14 days of receipt of such recommendation.

1.  

   (4)   An approved price regulation regime shall be published by the Commission in the Gazette, a local newspaper of wide circulation in Saint Lucia and on the website of the Commission, and shall take effect 14 days from the date of publication.

1.  

   (5)   The Commission shall not amend an approved price regulation regime unless ECTEL recommends such amendment.

Division 2
Regulated Telecommunications Service

13.   Regulated telecommunications service

1.  

   (1)   The Commission shall designate the following telecommunication services as a regulated telecommunications service —

   1.  

      (a)     a telecommunications service that is subject to a price regulation regime;

   1.  

      (b)     special telecommunications service;

   1.  

      (c)     a new telecommunications service that is a bundle that includes any regulated services.

1.  

   (2)   Notwithstanding subregulation (1), the following are deemed to be regulated telecommunication services, where —

   1.  

      (a)     there is only one telecommunications provider operating a public telecommunications network or providing a public telecommunications service;

   1.  

      (b)     a telecommunications provider has a dominant position in the relevant market;

   1.  

      (c)     the Commission detects anti-competitive pricing or acts of unfair competition;

   1.  

      (d)     the Commission considers it necessary to ensure that a telecommunications provider complies with the requirements of its licence;

   1.  

      (e)     such regulation is required in the public interest; or

   1.  

      (f)     the Commission considers that it is appropriate to do so.

1.  

   (3)   A telecommunications provider shall not provide a regulated telecommunications service except in accordance with a tariff approved under Part 4.

1.  

   (4)   A telecommunications provider shall not discontinue a regulated telecommunications service unless the Commission gives approval to do so.

1.  

   (5)   At least twenty-one days prior to the proposed discontinuance of a telecommunications service, a telecommunications provider shall file an application for approval under subregulation (4) setting out the reasons for discontinuing the telecommunications service.

1.  

   (6)   The Commission shall not unreasonably withhold approval of a telecommunications provider to discontinue a regulated telecommunications service.

14.   Special telecommunications service

1.  

   (1)   The Commission may, acting on a recommendation of ECTEL, designate an additional service as a special telecommunications service by publishing a notice in the Gazette, a local newspaper of wide circulation in Saint Lucia, and on the website of the Commission, designating the service to be a special telecommunications service, and allow not more than 30 days for comments by interested persons.

1.  

   (2)   The Commission shall not designate an additional service as a special telecommunications service for the purposes of these Regulations unless ECTEL recommends accordingly, and where ECTEL so recommends, a designation as a special telecommunications service shall take effect 30 days after receipt of the recommendation by the Commission.

1.  

   (3)   Acting on a recommendation of ECTEL, the Commission may adopt special rules in respect of the provision of special telecommunications services, by providing at least 30 days notice to providers and customers by publication of such rules on the website of the Commission, and a telecommunications provider shall comply with such rules, once adopted.

15.   Dominance by public consultation

1.  

   (1)   ECTEL may make a recommendation to the Commission that a telecommunications provider be declared a dominant telecommunications provider in a relevant market.

1.  

   (2)   Where ECTEL makes a recommendation under subregulation (1) —

   1.  

      (a)     the Commission shall initiate a public consultation by publishing a notice in the Gazette, a local newspaper of wide circulation in Saint Lucia, and on the Commission's website, declaring the telecommunications provider to be dominant, setting out the reasons for making the declaration and allow a period of not less than 30 days but not more than 90 days for the submission of comments by interested persons;

   1.  

      (b)     any person likely to be affected by the declaration is entitled to make representations to the Commission on any matter relevant to the assessment;

   1.  

      (c)     ECTEL may recommend the adoption of procedures by the Commission for assessing dominance, including —

      1.  

         (i)     identifying information to be requested from the telecommunications provider,

      1.  

         (ii)     the timeframes for the receipt of submissions from a telecommunications provider;

   1.  

      (d)     the Commission and ECTEL shall draw adverse inferences from the failure of the telecommunications provider to supply any requested information in respect of an application;

   1.  

      (e)     the Commission shall issue its final determination of market dominance no later than 30 days after receipt of a final recommendation by ECTEL.

1.  

   (3)   Notwithstanding subregulations (1) and (2), a telecom-munications provider may consent in writing to being declared a dominant telecommunications provider in a relevant market, and where the telecommunications provider consents, the Commission shall not be required to undertake a public consultation to make a declaration.

1.  

   (4)   Where the Commission declares a telecommunications provider to be a dominant telecommunications provider under subregulations (1) and (2), or based on a consent to being declared dominant under subregulation (3), the declaration shall be published in the Gazette and at least one local newspaper of wide circulation in Saint Lucia, on the Commission's website and such declaration shall take effect 14 days after publication.

1.  

   (5)   The Commission shall not declare a telecommunications provider as dominant without a recommendation from ECTEL.

16.   Presumed dominance

1.  

   (1)   ECTEL may, after a public consultation on such terms and conditions as it may determine, recommend the adoption of a specified level of market share for the purposes of making a presumption of dominance by the Commission.

1.  

   (2)   A telecommunications provider with the specified level of market share in a relevant market is presumed to be a dominant telecommunications provider in that market.

1.  

   (3)   Where a telecommunications provider is presumed dominant, the Commission shall impose a price regulation regime on the telecommunication services provided by that telecom-munications provider in the relevant market.

17.   Declaration of dominance

1.  

   (1)   Acting on a recommendation of ECTEL, the Commission may declare a telecommunications provider to be a dominant telecommunications provider with respect to a telecom-munications network or a telecommunications service where, individually or jointly with others, it enjoys a position of economic strength affording the telecommunications provider the power to behave to an appreciable extent independently of competitors and customers.

1.  

   (2)   In declaring a telecommunications provider as a dominant telecommunications provider, the Commission shall consider the following —

   1.  

      (a)     the relevant market;

   1.  

      (b)     the market share of the telecommunications provider;

   1.  

      (c)     the power of the telecommunications provider to introduce and sustain a material retail price increase independently of competitors;

   1.  

      (d)     the degree of differentiation among telecommunication networks and telecommunication services in the market;

   1.  

      (e)     technology and market trends; and

   1.  

      (f)     any other matters the Commission considers relevant.

18.   Review of declaration

1.  

   (1)   Where a telecommunications provider is declared a dominant telecommunications provider under regulation 15, presumed dominant under regulation 16 or deemed a dominant telecommunications provider under regulation 20 and the telecommunications provider considers that it is no longer dominant, the telecommunications provider may apply to the Commission to have its status as a dominant telecommunications provider reviewed on such terms and according to such procedures as the Commission determines acting on a recommendation from ECTEL.

1.  

   (2)   A telecommunications provider seeking a review of its status as a dominant telecommunications provider shall furnish the Commission with any supporting information and data that the telecommunications provider may regard as relevant to the review.

1.  

   (3)   Where necessary, the Commission may request additional information from the telecommunications provider.

1.  

   (4)   The Commission shall not consider an application to review a declaration of dominance, where such information or data has not been supplied by the telecommunications provider.

1.  

   (5)   Where the Commission after conducting a review is satisfied that a dominant telecommunications provider is no longer dominant in respect of a relevant market, the Commission shall publish a notice in the Gazette, at least one local newspaper of wide circulation in Saint Lucia and on the website of the Commission, declaring the telecommunications provider as no longer dominant in a particular market and the declaration takes effect from the date of publication.

1.  

   (6)   The Commission shall not change the status of a dominant telecommunications provider without a recommendation from ECTEL.

19.   Amendment of licence after declaration

1.  

   (1)   For the purpose of imposing any special restrictions or obligations on a dominant telecommunications provider, ECTEL may, after a declaration of dominance or declaring a telecommunications provider to be no longer dominant, or a consent to a declaration of dominance as the case may be, recommend to the Minister responsible for telecommunications, that a dominant telecommunications provider's licence be amended to reflect its status as a dominant provider or that the telecommunications provider is no longer a dominant provider in a relevant market.

1.  

   (2)   Where the Minister accepts a recommendation made under subregulation (1), the Minister may amend the licence of the telecommunications provider as if the telecommunications provider had consented to the modification of the licence under the Act.

20.   Deemed dominant telecommunications provider

1.  

   (1)   For the purposes of these Regulations, a telecommunications provider operating the only public telecommunications network or providing the only public telecommunications service is deemed a dominant telecommunications provider.

1.  

   (2)   Subject to the procedures outlined in regulation 20(1), where a telecommunications provider is deemed to be a dominant telecommunications provider in a relevant market, the Commission shall regulate the tariff for the telecommunication services provided by that telecommunications provider without undertaking a public consultation to declare the tele-communications provider as a dominant telecommunications provider.

1.  

   (3)   The Commission shall publish a notice in the Gazette, a newspaper of wide circulation in Saint Lucia and on the website of the Commission of, the names of all telecommunication providers deemed to be dominant telecommunication providers under these Regulations.

21.   Market trial

1.  

   (1)   A dominant telecommunications provider may conduct a market trial for a new telecommunications service or a short-term promotion for a regulated telecommunications service which may involve a tariff change for the regulated telecommunications service, without prior approval of the Commission, where —

   1.  

      (a)     the telecommunications provider files a tariff and a description of the market trial or short-term promotion with the Commission and ECTEL, at least 30 days prior to the commencement of the market trial or promotion;

   1.  

      (b)     the market trial or short-term promotion does not exceed 30 days; and

   1.  

      (c)     the market trial or short-term promotion is not similar to a market trial or promotion that concluded less than 60 days earlier.

1.  

   (2)   A telecommunications provider may file the information under subregulation (1)(c) on an ex parte basis, and the Commission and ECTEL shall not disclose such information until such time as the telecommunications provider has commenced the market trial or short-term promotion.

1.  

   (3)   The Commission may, acting on a recommendation of ECTEL, order a dominant telecommunications provider not to conduct a market trial for a new telecommunications service or short-term promotion for a regulated telecommunications service, or may require the telecommunications provider to suspend or discontinue a market trial or short-term promotion in progress, where —

   1.  

      (a)     the telecommunications provider has not complied with subregulation (1); or

   1.  

      (b)     the tariff for the market trial or short-term promotion contravenes regulations 5, 6 and 8.

1.  

   (4)   At the expiration of the market trial or short-term promotion, a telecommunications provider shall apply for approval under regulation 26 or 27, where it proposes to make the tariff permanent.

1.  

   (5)   A telecommunications provider shall not undertake a similar market trial or a short-term promotion more than 3 times within a 12 months period.

22.   Bundles

1.  

   (1)   A dominant telecommunications provider applying for approval to introduce a tariff for a new bundle shall file additional information to satisfy the Commission that —

   1.  

      (a)     a bundle does not unfairly distort competition;

   1.  

      (b)     customers shall be able to obtain the individual telecommunications services comprising the bundle separately where they require;

   1.  

      (c)     the individual telecommunications services comprising the bundle or the bundle as a whole are not provided below cost;

   1.  

      (d)     bundles are not provided in an unduly discriminatory manner;

   1.  

      (e)     customers are likely to obtain benefits or the telecommunications provider is likely to obtain efficiencies from the availability of the bundle;

   1.  

      (f)     where the bundle relates to telecommunication services subject to a price regulation regime, the bundle complies with any rules contained in the price regulation regime; and

   1.  

      (g)     the tariff for any bundle otherwise complies with these Regulations.

1.  

   (2)   A telecommunications provider shall comply with any guidelines the Commission may adopt for tariffs related to bundles, provided that the guidelines shall not take effect until the expiration of 30 days from the date of publication of such guidelines on the website of the Commission.

23.   New telecommunications service

1.  

   (1)   A dominant telecommunications provider that proposes to introduce a new telecommunications service may file an application to introduce such service on an ex parte basis, and the Commission and ECTEL shall not disclose the contents of the application until such time as the Commission has determined the categorization of the telecommunications service.

1.  

   (2)   Where a dominant telecommunications provider files an application under subregulation (1), it shall, in addition to complying with regulation 9, file with the Commission —

   1.  

      (a)     a clear description of the service and a justification for categorizing the service as a new telecommunications service; and

   1.  

      (b)     an assessment by the telecommunications provider as to whether the new telecommunications service should be designated as regulated or unregulated by the Commission,

and simultaneously provide a copy to ECTEL.

1.  

   (3)   The Commission may approve or reject the categorization of the telecommunications service as a new telecommunications service by the telecommunications provider in accordance with a recommendation from ECTEL.

1.  

   (4)   Where the Commission has determined the designation of the service as regulated, the Commission and ECTEL shall review the tariff for the service in accordance with regulation 25.

PART 4
TARIFF APPLICATION

24.   Prohibition on tariff

A telecommunications provider shall not —

1.  

   (a)     change the tariff for a regulated telecommunications service in accordance with a price regulation regime;

1.  

   (b)     change the tariff for a special telecommunications service; and

1.  

   (c)     change the tariff for a telecommunications service where it is the sole provider of that telecommunications service,

unless the Commission gives approval to do so.

25.   Application

1.  

   (1)   At least 21 days prior to the date the tariff takes effect, a telecommunications provider shall —

   1.  

      (a)     file a written application with the Commission —

      1.  

         (i)     setting out how the tariff complies with regulations 5, 6 and 8 and any price regulation regime applicable to the telecommunications provider,

      1.  

         (ii)     supported by sufficient, relevant documentary evidence to enable the Commission to assess the application; or

   1.  

      (b)     simultaneously provide a copy of the application to ECTEL; and

   1.  

      (c)     within 7 days of filing the application for approval under subregulation (1)(a), publish a notice of the application in accordance with subregulation (2).

1.  

   (2)   A telecommunications provider shall ensure that a notice of an application filed with the Commission under subregulation (1) —

   1.  

      (a)     is published on the website of the telecommunications provider and in a local newspaper of wide circulation in Saint Lucia;

   1.  

      (b)     contains the name, address and contact details of the telecommunications provider and the Commission;

   1.  

      (c)     briefly describes the nature of the application and the proposed date the tariff or discontinuation is to take effect; and

   1.  

      (d)     informs interested parties that they may make submissions to the Commission at any time after the date of publication of the notice.

1.  

   (3)   In any case where a telecommunications provider applies to decrease the retail price for a regulated telecommunications service, it shall, in addition to complying with subregulation (1) or (2), file a declaration with the Commission to the effect that the proposed retail price is above the cost of providing the telecommunications service.

1.  

   (4)   Any person likely to be affected by the outcome of an application shall be entitled to make representations to the Commission on any matter relevant to the application, and the Commission shall ensure that copies of any comments or submissions from interested parties on the application are forwarded to the telecommunications provider making the application and to ECTEL within 7 days of receipt.

1.  

   (5)   The Commission or ECTEL may request a telecommunications provider to file additional information relating to an application.

1.  

   (6)   The Commission and ECTEL shall draw adverse inferences from the failure of the telecommunications provider to supply any requested information in respect of an application.

1.  

   (7)   The Commission may require a telecommunications provider to apply for the approval of an application for a proposed change to an existing tariff, where a notice under regulation 15(2)(a) has been published by the Commission.

26.   Grant or refusal of approval of application

1.  

   (1)   Within 14 days of receipt of the application under regulation 25(1) or of receipt of any additional information under regulation 25(5), ECTEL shall make a recommendation to the Commission to grant or refuse to approve the application.

1.  

   (2)   In making its recommendation to the Commission, ECTEL shall take into account the following —

   1.  

      (a)     that the tariff complies with regulations 5, 6 and 8;

   1.  

      (b)     in the case of a regulated telecommunications service subject to a price regulation regime, the tariff complies with such regime; and

   1.  

      (c)     in the case of a special telecommunications service, the tariff complies with any special rules contained in the provider's licence or adopted by the Commission, in accordance with regulation 14(3).

1.  

   (3)   The Commission may approve an application to provide a tariff, with or without conditions.

1.  

   (4)   The Commission shall not approve any tariff where it is satisfied that such a tariff is contrary to the Act.

1.  

   (5)   Where on the recommendation of ECTEL the Commission refuses to approve an application, the Commission shall —

   1.  

      (a)     issue the decision in writing to the telecommunications provider; and

   1.  

      (b)     issue the reasons for the refusal of the application.

1.  

   (6)   The Commission shall not unreasonably withhold approval of an application from a telecommunications provider.

27.   Amendment or withdrawal of tariff

1.  

   (1)   The Commission shall not approve or amend a tariff unless ECTEL recommends the approval or amendment of the tariff.

1.  

   (2)   Where the Commission refuses to approve an application for a tariff, the Commission may, acting on the recommendation of ECTEL, direct a telecommunications provider to —

   1.  

      (a)     take any necessary measures to bring the tariff into compliance with these Regulations, bearing in mind the reasons for the refusal; or

   1.  

      (b)     withdraw the tariff to which the application relates;

   1.  

      (c)     prohibit a telecommunications provider from introducing the tariff.

PART 5
TREATMENT OF CUSTOMERS BY TELECOMMUNICATION PROVIDERS

28.   Contract to contain minimum terms

1.  

   (1)   A telecommunications provider shall ensure that a contract between a provider and a customer for providing telecommunications services, contains at least all of the following —

   1.  

      (a)     the identity and address of the telecommunications provider;

   1.  

      (b)     details of the telecommunication services provided, the quality of service levels offered and the time for initial connection;

   1.  

      (c)     details of maintenance services offered;

   1.  

      (d)     particulars of tariffs, and the means by which up-to-date information on applicable tariffs and maintenance charges may be obtained;

   1.  

      (e)     the duration of the contract, the conditions of renewal and termination of services and of the contract;

   1.  

      (f)     any applicable compensation or refund arrangements applicable where quality of service levels are not met; and

   1.  

      (g)     the method for initiating procedures for dispute settlement under the contract.

1.  

   (2)   Where a telecommunications provider intends to modify a condition in a contract with a customer, which in the opinion of the Commission is likely to be of material detriment to the customer, the telecommunications provider shall —

   1.  

      (a)     provide the customer with at least 30 days notice of its intention, detailing the proposed modification; and

   1.  

      (b)     inform the customer of the right to terminate the contract without penalty if the proposed modification is not acceptable to the customer.

29.   Billing

1.  

   (1)   A telecommunications provider shall ensure that a bill to a customer in respect of the provision of any telecommunications service represents and does not exceed the true extent of any such telecommunications service actually provided to the customer.

1.  

   (2)   Where for any reason, a bill to a customer contains charges for telecommunication services which were not actually supplied by a telecommunications provider, the telecommunications provider shall reimburse the customer where the customer has paid the charges to the extent of any overpayment.

30.   Itemized bills

1.  

   (1)   A telecommunications provider shall ensure that, in respect of every bill for telecommunication services, itemized bills are provided upon request and at no extra cost to customers.

1.  

   (2)   A telecommunications provider shall ensure that bills are itemized to a sufficient level of detail to enable a customer to —

   1.  

      (a)     verify the charges itemized in the bill; and

   1.  

      (b)     monitor and control the customer's usage and expenditure for the services concerned.

1.  

   (3)   A telecommunications provider shall not provide an itemized bill where —

   1.  

      (a)     the telecommunications provider provides the relevant telecommunications service on a pre-paid basis;

   1.  

      (b)     the customer has an alternative means, free of charge, of adequately monitoring the customers' usage and expenditure; or

   1.  

      (c)     the customer does not request an itemized bill.

1.  

   (4)   The Commission may issue directions in order to specify the level of itemization a telecommunications provider is required to provide.

31.   Disconnection

1.  

   (1)   A telecommunications provider shall ensure that any measures taken to secure payment by a customer or to effect disconnection of a telecommunications service to a customer —

   1.  

      (a)     is proportionate and not unduly discriminatory;

   1.  

      (b)     provides adequate notice in advance of a consequent service disruption or disconnection; and

   1.  

      (c)     confines any service disruption or disconnection to the service concerned, as far as technically feasible.

1.  

   (2)   A telecommunications provider shall ensure that it provides at least 30 days notice to a customer of its intention to effect a service disruption or disconnection of any service as a result of non-payment.

1.  

   (3)   Except in cases of fraud, persistent non-payment or late payment, a telecommunications provider shall not disconnect, refuse to supply or refuse to reconnect a telecommunications service to a customer, due to non-payment of another telecommunications service by such customer.

1.  

   (4)   Notwithstanding subregulation (3), a telecommunications provider shall not supply or reconnect a telecommunications service to a customer where —

   1.  

      (a)     it is not technically feasible to provide the telecommunications service independently of another service; and

   1.  

      (b)     the customer has not paid any outstanding bills and or any applicable reconnection fees, in respect of the other service.

1.  

   (5)   Except with the written authorization of the Commission, a telecommunications provider shall ensure that reconnection to a telecommunications service is not conditional upon the payment of charges in respect of any period during which such telecommunications service was not provided, pursuant to a disconnection.

PART 6
MISCELLANEOUS

32.   Decisions and directions of the Commission

1.  

   (1)   The Commission may issue written decision or direction to a telecommunications provider for the purposes of compelling compliance with these Regulations and a telecommunications provider shall comply with any such decisions or directions, once issued.

1.  

   (2)   Unless otherwise specified, the Commission shall ensure that any decisions or directions of the Commission made under these Regulations are published on the website of the Commission.

33.   Referral to High Court

Where a telecommunications provider refuses to comply with any decision or direction by the Commission under these Regulations, the Commission may apply to a judge of the High Court for an order compelling the telecommunications provider to comply with the decision or direction of the Commission and for such costs and other relief as the Court allows.

34.   Written recommendation from ECTEL

ECTEL shall provide a written recommendation where required to make a recommendation to the Commission.

35.   Extension of timeframes

The Commission may extend the period of time, whether fixed by these Regulations or otherwise, for doing anything required or permitted to be done pursuant to these Regulations, or in proceedings before the Commission or under its decisions.

36.   Issuance of guidelines

The Commission may from time to time, and after consultation with ECTEL, publish guidelines on any aspect of these Regulations on its website, and such guidelines may be of general application or specific to a proceeding.

37.   Revocation

The Telecommunications (Tariff) Regulations are revoked.

38.   Savings

1.  

   (1)   A price regulation regime that is approved by the Commission before these Regulations come into force continues as an approved price regulation regime under these Regulations.

1.  

   (2)   Where, as of the date of these Regulations coming into force, a telecommunications provider and ECTEL have agreed on a price regulation regime, all services designated as regulated in that price regulation regime are deemed to be regulated telecommunication services for the purposes of these Regulations, and all services designated as unregulated in that price regulation regime are deemed unregulated telecom-munications services for the purposes of these Regulations.

1.  

   (3)   The Commission shall, after consultation with ECTEL, extend the effective date of an existing price regulation regime, until such time as a new or revised price regulation regime has been adopted.

1.  

   (4)   Where an application for approval of a price regulation regime is filed with the Commission before these Regulations come into force, the Commission shall consider the application at the date that these Regulations come into force as if the application was filed under these Regulations.

Telecommunications (Confidentiality in Network and Services) Regulations – Section 73

(Statutory Instrument 17/2002)

Statutory Instrument 17/2002 .. in force 1 April 2001

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

PART 2
INTERCEPTION MONITORING STOPPAGE

PART 3
NON-INTERCEPTION OF TRANSMISSION BY MEMBERS OF THE PUBLIC

PART 4
CONFIDENTIALITY IN RESPECT OF SUBSCRIBER

TELECOMMUNICATIONS (CONFIDENTIALITY IN NETWORK AND SERVICES) REGULATIONS – SECTION 73

Commencement [1 April 2001]

PART 1
PRELIMINARY

1.   Citation

These Regulations may be cited as the Telecommunications (Confidentiality in Network and Services) Regulations.

2.   Interpretation

In these Regulations:

“Act” means the Telecommunications Act;

“authorised request” means a request received from the recipient of a transmission;

“Minister” means the Minister responsible for Telecommunications;

“subscriber personal information” means information of a personal nature relating to a telecommunications subscriber that discloses the address, marital status, financial status, occupation or other identifying information that is unrelated or incidental to the provision of telecommunications services;

“subscriber proprietary network information” means information that relates to the quantity, technical configuration, type, destination, and amount of use of a telecommunications service subscribed to by any subscriber of a telecommunications provider, and that is made available to the telecommunications provider by the subscriber solely, by virtue of the customer-provider relationship.

PART 2
INTERCEPTION MONITORING STOPPAGE

3.   Activation of intercepted communication

A telecommunications provider shall ensure that any interception of communications within its network is capable of being activated only when authorised by the receiver of a transmission, or in accordance with a court order.

4.   Strict measures of control

A telecommunications provider shall—

1.  

   (a)     appoint a senior employee or officer with the responsibility for ensuring that the interception of communications can be activated only when authorised by the receiver or in accordance with a court order; and

1.  

   (b)     authorise designated employees or officers to engage where necessary in lawful interception activities.

5.   Court order

A telecommunications provider shall not implement any interception of transmissions over a public telecommunications network or telecommunications apparatus unless the telecommunications provider receives a court order authorising law enforcement officials to intercept transmissions over the public telecommunications network or apparatus.

6.   Officials to act within strict guidelines

A telecommunications provider shall ensure that any employee or officer that it appoints under regulation 5 only effects interceptions that are authorised and except to a person who has made an authorised request or when authorised by a court order to a law enforcement official.

7.   Employee to execute agreement

1.  

   (1)   An employee of a telecommunications provider who is designated and authorised to receive and implement interception orders, or certifications, shall execute a non-disclosure agreement which shall be kept as part of that employee's permanent records.

1.  

   (2)   The terms of the agreement referred to in subregulation (1) shall survive any reassignment of the employee to other duties, or the termination or departure of the employee from the employment of the telecommunications provider.

8.   Report of improper activities

1.  

   (1)   A telecommunications provider shall report to law enforcement officials without delay any act—

   1.  

      (a)     of unlawful electronic surveillance that has occurred on its premises; and

   1.  

      (b)     which compromises the duty to report once the provider becomes aware.

1.  

   (2)   A telecommunications provider shall report to law enforcement officials without delay any transmission which is accepted and appears likely to threaten the national security or is contrary to public order.

9.   Employee's suspension of duties Pending investigation

1.  

   (1)   Where there are reasonable grounds to suspect that an employee of a telecommunications provider is about to engage or may have engaged in illegal surveillance activity, that employee shall be reassigned to other duties or suspended pending the outcome of an investigation.

1.  

   (2)   An employee who has been reassigned or suspended shall not be allowed to have access to any equipment whereby proper investigations may be compromised.

10.   Accurate records of interception

1.  

   (1)   A telecommunications provider shall maintain accurate, complete and secure records of any interception of communications.

1.  

   (2)   Records of any interception of communication shall include the—

   1.  

      (a)     court order;

   1.  

      (b)     identity of the law enforcement officer who presented the court order;

   1.  

      (c)     name and signature of the telecommunications provider's employee responsible for overseeing the interception of the communications;

   1.  

      (d)     start date and time of the interception;

   1.  

      (e)     telephone and circuit identification number or numbers involved; and

   1.  

      (f)     telegraphic, facsimile, telephonic or any other such type of communication.

1.  

   (3)   The records of interception shall be compiled either contemporaneously, or within a reasonable period of time following the initiation of the interception of the communications and such period shall not exceed 90 days.

1.  

   (4)   A telecommunications provider shall maintain a record of all intercepted communications for a period of 6 years.

11.   Reporting obligations to commission

1.  

   (1)   A telecommunications provider shall report to the Commission on a quarterly basis any—

   1.  

      (a)     compromises or suspected compromises of interceptions; and

   1.  

      (b)     violation of its security policies and procedures.

1.  

   (2)   A telecommunications provider shall be obligated to report to the Commission without delay any violation or compromise relating to subscriber's—

   1.  

      (a)     personal information; or

   1.  

      (b)     proprietary network information.

12.   No acceptance of dangerous transmission

A telecommunications provider shall not accept any form of transmission which appears likely to threaten the national security or is contrary to public order in Saint Lucia.

PART 3
NON-INTERCEPTION OF TRANSMISSION BY MEMBERS OF THE PUBLIC

13.   No interception by members of public

Any member of the public, including a radio amateur using radio equipment or modified commercial equipment, shall not intercept or interrupt any message transmitted over a public telecommunications network or telecommunications apparatus.

14.   Reporting obligation on illegal activity

Where there are reasonable grounds to suspect that a member of the public is about to or is in the process of engaging in illegal surveillance activity, the telecommunications provider or any concerned party shall report the activity to law enforcement officials without delay.

15.   Reporting obligation on actual illegal activity

A telecommunications provider shall be obliged to report to the Commission and law enforcement officials without delay any act of unlawful electronic surveillance that has occurred on its premises by an unauthorised member of the public.

PART 4
CONFIDENTIALITY IN RESPECT OF SUBSCRIBER

16.   Strict control measures

A telecommunications provider shall establish policies and procedures to facilitate the strictest supervision and control of its employees or officers who have or might have access to subscriber personal information or subscriber proprietary network information.

17.   Employee to execute agreement

1.  

   (1)   An employee of a telecommunications provider who has access to subscriber personal information or subscriber proprietary network information shall execute a non-disclosure agreement which shall be kept as part of that employee's permanent records.

1.  

   (2)   The terms of the agreement referred to in subregulation (1) shall survive any reassignment of the employee to other duties or the termination or departure of the employee from the employment of the telecommunications provider.

18.   Confidentiality of subscriber

The subscriber's personal information or subscriber's proprietary network information is confidential information, and shall not be disclosed by an employee or officer of a telecommunications provider without the consent of the subscriber or under a court order.

19.   Permission to be first obtained

A telecommunications provider or publisher of subscriber and lists directories must first obtain the consent of a subscriber before listing the subscriber's personal information in a telephone directory.

20.   Grounds for disclosure of proprietary network information

A telecommunications provider may use or disclose subscriber proprietary network information only if it is necessary to—

1.  

   (a)     protect users of those services and other telecommunications providers from fraudulent, abusive, unlawful use of, or subscription to such services; or

1.  

   (b)     provide the telecommunications services to which the proprietary customer has subscribed.

Telecommunications (Fees) Regulations – Section 73

(Statutory Instrument 60/2014)

Statutory Instrument 96/2002 .. in force 14 October 2002

Replaced by Statutory Instrument 60/2014 .. in force 10 June 2014

ARRANGEMENT OF REGULATIONS

TELECOMMUNICATIONS (FEES) REGULATIONS – SECTION 73

Commencement [10 June 2014]

1.   Citation

These Regulations may be cited as the Telecommunications (Fees) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires —

“Act” means the Telecommunications Act;

“assigned frequencies” means the frequencies granted by the Minister in a frequency authorisation pursuant to section 35 of the Act;

“bandwidth” means the width of a communication channel;

“direct sequencing spread spectrum” or “DSSS” means a transmission technology where a data signal at the sender station is combined with a higher data rate bit sequence or chipping code, that divides the user data according to a spreading ratio;

“Family Radio Service” or “FRS” means a radio service used by family, friends and associates to communicate within a limited geographical area of less than a mile radius;

“Frequency Hopping Spread Spectrum” or “FHSS” means a transmission technology where a data signal is modulated with a narrow band carrier signal which hops in a random but predictable sequence from one frequency to another as a function of time over a wide band of frequencies;

“frequency pair” means a pair of transmit and receive frequencies used in semi-duplex or duplex operations;

“licensee” means a telecommunications provider, who is licensed to operate a telecommunications network, provide telecommunications services or operate telecommunications equipment within Saint Lucia;

“person” includes any corporation, either aggregate or sole, partnership or association, undertaking, club, society or other body of one or more persons and includes an individual;

“repeater” means a device that amplifies, reshapes or retimes an input signal;

“reporting year” means an annual period for which financial reports are accepted by the Commission;

“spread spectrum” means a modulation technique used in wireless systems employing direct sequence, frequency hopping or both, which can be used for multiple access, multiple functions or both;

“Studio to Transmitter Links” or “STL” means communication links used for the transmission of broadcast material from a studio to the transmitter using a single transmission frequency;

“type approval” means the type approvals specified in the Schedule to the Telecommunications (Terminal Equipment and Public Network) Regulations, Cap. 8.11;

“value added services” means a communication facility that uses the network of an individual licensee for the transmission and provision of extra data features with separate equipment.

3.   Application

1.  

   (1)   These Regulations apply to fees relating to the provision of telecommunications facilities, equipment and services and set out the amounts and circumstances in which these fees are payable.

1.  

   (2)   Where there is a conflict between these Regulations and any other Regulations made under the Act in relation to fees, these Regulations prevail.

4.   Individual licence

A person applying for an individual licence shall pay —

1.  

   (a)     the prescribed application fee set out in Schedule 1;

1.  

   (b)     on the granting of the licence, the prescribed initial fee set out in Schedule 1; and

1.  

   (c)     on each anniversary date of the granting of the licence and throughout the duration of the licence, the prescribed annual fee set out in Schedule 1, except where it is payable as a percentage of gross annual revenue then the annual fee payment shall be due and payable within 45 days of the reporting year and shall be accompanied by a gross annual revenue report and supporting attachments that provide details of the calculation.

5.   Class licence

A person applying for a class licence shall pay —

1.  

   (a)     the prescribed application fee set out in Schedule 2;

1.  

   (b)     on the granting of a class licence, the prescribed initial fee set out in Schedule 2; and

1.  

   (c)     on each anniversary date of the granting of the licence and throughout the duration of the licence, the prescribed annual fee set out in Schedule 2, except where it is payable as a percentage of gross annual revenue then the annual fee payment shall be due and payable within 45 days of the reporting year and shall be accompanied by a gross annual revenue report and supporting attachments that provide details of the calculation.

6.   Frequency authorisation

A person applying for a frequency authorization shall pay —

1.  

   (a)     the prescribed application fee set out in Schedule 3;

1.  

   (b)     on the grant of a frequency authorization, the prescribed fee set out in Schedule 3 for all the assigned frequencies; and

1.  

   (c)     the prescribed annual fee set out in Schedule 3 by equal quarterly installments in advance.

7.   Special licence

A person applying under the Act for a special licence shall pay the prescribed fees set out in Schedule 4.

8.   Other licences

1.  

   (1)   A person applying for any telecommunications related matter for which no specific provision is made in these Regulations shall pay the appropriate fee as determined by the Minister on the advice of the Commission.

1.  

   (2)   The Commission shall consult with the applicant, ECTEL and any other relevant person and adopt such reasonable process as is appropriate to aid in determining its advice to the Minister.

1.  

   (3)   The Commission shall take into account all relevant factors in determining its advice to the Minister, including —

   1.  

      (a)     ECTEL's recommendations;

   1.  

      (b)     views expressed by the applicant and any other consultees;

   1.  

      (c)     fees set out in the Schedules to these Regulations;

   1.  

      (d)     the commercial value of the service to be provided;

   1.  

      (e)     the value of any resource involved; and

   1.  

      (f)     any reasonably incurred administrative costs.

9.   Miscellaneous fees

In any other telecommunications related matter for which fees are payable, payments shall be made in accordance with Schedule 5.

10.   Liability for other fees

The payment of fees under these Regulations does not relieve a person who is liable to make payments under the requirements of any other Act.

11.   Payments to the Consolidated Fund

Except that all fees collected pursuant to regulation 6 are to be paid to ECTEL in accordance with the procedures set out in the Telecommunications (Frequency Fees) (Collection Mechanism) Regulations, Cap. 8.11, the Commission shall ensure that fees collected pursuant to these Regulations are to be paid into the Consolidated Fund.

12.   Commission not to refund

The Commission shall not refund fees paid pursuant to these Regulations.

13.   Revocation

The Telecommunication (Fees) Regulations, Cap. 8.11 are revoked.

Schedule 1

(Regulation 4)

INDIVIDUAL LICENCE FEES

Schedule 2

(Regulation 5)

CLASS LICENCE FEES

CLASS LICENCE FEES

Schedule 3

(Regulation 6)

FREQUENCY AUTHORISATION FEES

Schedule 4

(Regulation 7)

SPECIAL LICENCE FEES

Schedule 5

(Regulation 9)

MISCELLANEOUS FEES

Telecommunications (Frequency Fees) (Collection Mechanism) Regulations – Section 74

(Statutory Instruments 24/2003)

Statutory Instrument 24/2003 .. in force 11 March 2003

ARRANGEMENT OF REGULATIONS

TELECOMMUNICATIONS (FREQUENCY FEES) (COLLECTION MECHANISM) REGULATIONS – SECTION 74

Commencement [11 March 2003]

1.   Citation

These Regulations may be cited as the Telecommunications (Frequency Fees) (Collection Mechanism) Regulations.

2.   Interpretation

In these Regulations—

“bank” means a bank licensed under the Banking Act;

“bank account” means a bank account established for the purposes of regulation 6;

“Commission” has the meaning assigned under section 4 of the Telecommunications Act;

“ECTEL” has the meaning assigned under section 4 of the Telecommunications Act;

“frequency authorisation” has the meaning assigned under section 4 of the Telecommunications Act;

“frequency fees” has the meaning assigned under section 4 of the Telecommunications Act;

“Minister” means the Minister to whom responsibility for telecommunications is assigned.

3.   Transmission of frequency authorisation

The Minister shall, on granting any frequency authorisation, immediately transmit to ECTEL and the Commission a copy of the frequency authorisation.

4.   Invoices

ECTEL shall prepare and the Commission shall issue on behalf of ECTEL frequency authorisation invoices for the licensees.

5.   Payment of frequency fees

Licensees shall pay the frequency fees at the principal office of the Commission by a bank draft made payable to ECTEL.

6.   Bank account

1.  

   (1)   ECTEL shall open a bank account with a bank for the specific purpose of receiving frequency fees.

1.  

   (2)   The Chairperson of the Commission shall be notified by the Managing Director of ECTEL of the bank, branch and bank account number.

7.   Collecting and depositing frequency fees

1.  

   (1)   The Commission shall assign a responsible officer to collect and deposit all frequency fees.

1.  

   (2)   The responsible officer shall—

   1.  

      (a)     issue an official receipt for all frequency fees received by the Commission;

   1.  

      (b)     pay the whole amount of the fees collected into the bank account established under regulation 6.

1.  

   (3)   Frequency fees collected shall be deposited in the bank account established under regulation 6 at the earliest opportunity and in any event not later than midday of the next working day after receipt by the Commission and the Commission shall obtain a receipt for the amounts deposited.

1.  

   (4)   The receipts for frequency fees shall be properly accounted for in books or records of account as may be prescribed by the Managing Director of ECTEL.

8.   Deposit receipts

1.  

   (1)   Submissions of deposit receipts to ECTEL shall be supported by—

   1.  

      (a)     the invoices quoting the serial numbers of the receipts issued by the responsible officer under regulation 7;

   1.  

      (b)     the used receipt books from which the receipts were issued; or

   1.  

      (c)     duplicate copies of receipts issued; or

   1.  

      (d)     a certified statement of a computer printout showing details of all receipts issued.

1.  

   (2)   Deposit receipts shall be submitted to the Managing Director of ECTEL not later than the seventh day of the month following the month of the deposit of the frequency fees.

9.   Adoption of procedures

The Commission shall adopt the procedures in the financial provisions of the Ministry of Finance to meet the accountability requirements with respect to receipt books, receiving custody of receipt books and other similar matters.

Telecommunications (Exemption) Regulations – Section 73

(Statutory Instrument 149/2007)

Statutory Instrument 149/2007 .. in force 27 August 2008

ARRANGEMENT OF REGULATIONS

TELECOMMUNICATIONS (EXEMPTION) REGULATIONS – SECTION 73

Commencement [27 August 2007]

1.   Citation

These Regulations may be cited as the Telecommunications (Exemption) Regulations.

2.   (Spent)

3.   Interpretation

In these Regulations—

“apparatus” means telecommunications apparatus or apparatus designed or adapted for use in connection with telecommunications apparatus as described in Part III of Schedule 2;

“authorised person” means any person authorised by the Commission for the purpose of regulation 5;

“CEPT” means the European Conference of Postal and Telecommunications Administrations;

“Commission” means the National Telecommunications Regulatory Commission established by the Telecommunications Act in an ECTEL Member State;

“Common Technical Regulations” means the applicable rule governing the connection of terminal equipment to telecommunications networks published by the Telecommunications Research and Action Centre and by the European Telecommunications Standard Institute which is in force at the date of the publication of these Regulations;

“eirp” means equivalent isotropically radiated power;

“erp” means effective radiated power;

“DCS” means Digital Controlled Squelch;

“EN45001 and EN45002” means European Standards Normes Européennes) EN45001 and EN45002 published in September 1989 by the British Standards Institution;

“ETSI” means the European Telecommunications Standards Institute;

“FCC” means the Federal Communications Commission;

“ISO guides 25 and 58” means the International Organization for Standardization Guides 25 and 58 published by the International Organization for Standardization in 1990 and 1993 respectively;

“low power device” means a restricted radiation device radiation, exclusive of those employing conducted or guided radio frequency techniques, used for the transmission of signs, signals (including control signals), writing, images and sounds or intelligence of any nature by radiation of electromagnetic energy;

“public telecommunications network” means a telecommunication network used for the provision of telephone services to the public;

“radio frequency device” means a device that transmits or receives electromagnetic waves between 500 KHz and 300GHz;

“relevant apparatus” means the prescribed apparatus as defined in Schedules 1 to 7;

“test laboratory” means a test laboratory which has been accredited in accordance with ISO guides 25 and 58 or EN45001 and EN45002 or a national standard conforming to ISO guides 25 and 58 or EN45001 and EN45002;

“the Act” means the Telecommunications Act;

“the Radio Regulations” means the 1998 edition of the Radio Regulations made under Article 13 of the Constitution of the International Telecommunication Union.

4.   Exemption

1.  

   (1)   Subject to regulation 5, the establishment, installation and use of the relevant apparatus are hereby exempted from the provisions of section 29 of the Act.

1.  

   (2)   The exemption in subregulation (1) shall not apply to relevant apparatus which is established, installed or used to provide or to be capable of providing a link between telecommunication apparatus, or a telecommunication network, and other such apparatus or network, which are used to provide a telecommunications service commercially to another person.

5.   Terms, provisions and limitations

1.  

   (1)   The exemption provided for in these Regulations shall be subject to the terms, provisions and limitations that—

   1.  

      (a)     the relevant apparatus shall not cause or contribute to any undue interference to any telecommunications; and

   1.  

      (b)     frequency bands relating to the relevant apparatus are for terrestrial use only, unless otherwise stated in Schedule 4.

1.  

   (2)   Such exemption shall also be subject to such additional terms, provisions and limitations as are specified in the Schedules in respect of the relevant apparatus.

6.   Inspection and restrictions on use

1.  

   (1)   Where an authorised person has reasonable cause to believe that any relevant apparatus is not complying with regulations 4 and 5, any person who is in possession or control of the relevant apparatus shall, on the demand of that authorised person—

   1.  

      (a)     permit and facilitate the apparatus to be inspected by that authorised person; and

   1.  

      (b)     cause its use to—

      1.  

         (i)     cease, or

      1.  

         (ii)     be restricted in the manner specified by that authorized person, for a period of time ending either on a date or on the occurrence of an event specified by that authorised person.

1.  

   (2)   Any authorised person exercising powers under subregulation (1) shall produce evidence of his authority, if so required by the person in possession or control of the relevant apparatus.

7.   General conditions of operation

1.  

   (1)   A person operating an exempted device shall not be deemed to have any vested or recognizable right to continue use of any given frequency by virtue of exemption under these Regulations.

1.  

   (2)   The operator of a radio frequency device shall be required to cease operating the device upon notification by a Commission representative that the device is causing harmful interference.

1.  

   (3)   The operator shall not resume use of the frequency device until the condition causing the harmful interference has been corrected.

1.  

   (4)   A person who operates a device in contravention of subregulations 2 and 3 of this regulation commits an offence and is liable, on summary conviction, to a fine not exceeding $1000.00.

8.   Amendment

1.  

   (1)   The Commission may, after consultation with ECTEL, make recommendations to the Minister to amend the Schedules.

1.  

   (2)   The Minister may, on receipt of a recommendation from the Commission amend the Schedules.

Schedule 1

(Regulation 2(1))

NETWORK USER STATIONS

PART I
INTERPRETATION

In this Schedule—

“BABT” means the British Approvals Board for Telecommunications;

“BTx” means Base Transmit, the frequency on which a base station transmits and a user station receives;

“MTx” means Mobile Transmit, the frequency on which a user station transmits and a base station receives;

“prescribed apparatus” means a user station as defined below;

“relevant network” means a telecommunication network consisting exclusively of stations established and operated in accordance with a licence, which has been granted under section 31 of the Telecommunications Act, Cap.8.11 and is of a type specified in Part III of this Schedule; and

“user station” means a mobile station for telecommunications designed or adapted-

1.  

   (a)     to be connected by telecommunications to one or more relevant networks; and

1.  

   (b)     to be used solely for the purpose of sending and receiving messages conveyed by a relevant network by means of telecommunications;

“station” means one or more transmitters or receivers or a combination of receivers or transmitters or receivers, including the accessory equipment, necessary at one location for carrying out a radio communication service or the radio astronomy service.

PART II
ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

The prescribed apparatus shall be subject to and comply with the Common Technical Regulations referred to in Part IV of this Schedule as appropriate, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus—

1.  

   (a)     be approved by the Commission for the purposes of these Regulations; or

1.  

   (b)     complies with the FCC standard referred to in Part 15 of the FCC Regulations; or

1.  

   (c)     be approved to the ETSI standards or the draft ETSI standards referred to in Part IV as appropriate by a Commission following type testing at a test laboratory.

PART III
TYPE OF LICENCE GRANTED IN ACCORDANCE WITH SECTION [-] OF THE TELECOMMUNICATIONS ACT 200-

1.     Cellular Networks licensed for use in the following services on the relevant frequency bands—

1.  

   (a)     Public Mobile/Cellular telephone

   Global System for Mobile communications (GSM):	880-915 MHz (MTx)
   	925-960 MHz (BTx)

1.  

   (b)     Public Mobile/Cellular telephone

   Time Division Multiple Access 'A' (TDMA 'A')	824-834 MHz (MTx)
   	869-879 MHz (BTx)

1.  

   (c)     Public Mobile/Cellular telephone

   Global System for Mobile communications (GSM):	1710-1785 MHz MTx)
   	1805-1880 MHz BTx455

1.  

   (d)     Public Mobile/Cellular telephone

   Global System for Mobile communications (GSM):	1850-1910 MHz (MTx)
   	1710-1785 MHz (BTx)

2.     Public access mobile radio systems licensed for use in the following frequency bands—

1.  

        162-167 MHz

1.  

        10-430 MHz

1.  

        440-449 MHz.

3.     Land mobile systems licensed for use in the following frequency bands—

1.  

        138-144MHz

1.  

        148-156 MHz

1.  

        420–430 MHz

1.  

        440-456.675MHz

PART IV
COMMON TECHNICAL REGULATIONS AND STANDARDS

1.     GSM I-ETSI 300 020-1 (Edition 2) published by ETSI in January 1995.

2.     Public mobile data systems (410-430 MHz) Final Draft pr ETS 300 113 published by ETSI in March 1996.

1.  

        ETS 300 113 published by ETSI in July 1996.

1.  

        FCC Part 15.251

3.     Digital Control Squelch (DCS) BABT Special Investigation Test Schedule (SITS) 92/50 published in March 1991 and revised and reprinted in June 1995.

1.  

        Final Draft pr TBR 031: 1996-02 published by ETSI in February 1996.

1.  

        Final Draft pr TBR 032: 1996-02 published by ETSI in February 1996.

1.  

        Public access mobile radio systems

1.  

        ETS 300 086 published by ETSI in January 1991.

1.  

        ETS 300 113 published by ETSI in July 1996.

1.  

        I-ETS 300 219 published by ETSI in October 1993.

4.     Common base station systems

1.  

        ETS 300 086

1.  

        ETS 300 113

1.  

        MPT 1326

Schedule 2

(Regulation 2(1))

CORDLESS TELEPHONE APPARATUS

PART I
INTERPRETATION

In this Schedule—

“data message” means a non-voice message; and

“prescribed apparatus” means any station or apparatus described in Part III of this Schedule.

PART II
ADDITIONAL TERMS, PROVISIONS AND LIMITATIONS

The prescribed apparatus shall be subject to and must comply with the Common Technical Regulation referred to in Part IV of this Schedule, and in the absence of a Common Technical Regulation applying to such apparatus, the prescribed apparatus must—

1.  

   (a)     be approved by the Commission for the purposes of these Regulations; or

1.  

   (b)     be approved to the standards referred to in Part IV of this Schedule as appropriate by a COMMISSION following type testing at a test laboratory.

PART III
DESCRIPTIONS OF THE PRESCRIBED APPARATUS

Analogue Cordless Telephone Apparatus

1.  

   1.   Apparatus consisting of a base station and one or more portable stations designed or adapted in accordance with FCC 15.233—

   1.  

      (a)     to be used to send and receive voice or data messages to be conveyed over a telecommunication network to which the base station is connected; and

   1.  

      (b)     so as not to operate on more than one of the pair of frequencies set out below at any one time—

Channel Base Transmitter (MHz) Handset Transmitter (MHz)