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TELECOMMUNICATIONS ACT
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1. Citation
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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1.   Citation

These Regulations may be cited as the Telecommunications (Licensing and Authorisation) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Telecommunications Act;

“Companies Act” means the Companies Act, Cap. 13.01;

“class licence Type 'A' Service” means the services listed in Schedule 1;

“class licence Type 'B' Service” means the services listed in Schedule 2;

“frequency authorisation holder” means a person to whom a Frequency Authorisation has been granted under the Act;

“licensee” means person to whom a licence has been granted under the Act.

PART 2
LICENCE SCOPE AND CLASSIFICATION

3.   Categories of licence

  1.  

    (1)   There shall be categories of licence:

    1.  

      (a)     an individual licence;

    1.  

      (b)     a class licence;

    1.  

      (c)     a special licence.

  1.  

    (2)   An Individual Licence granted by the Minister in accordance with the Act authorizes a person to establish or operate a public telecommunications network or facility necessary to provide telecommunications service.

  1.  

    (3)   A Class Licence granted by the Minister in accordance with the Act authorizes a person to:

    1.  

      (a)     establish or operate elements of a telecommunications network or facility that is not connected to a public network for the sole and exclusive use of that entity; or

    1.  

      (b)     lease or otherwise obtain telecommunications network elements like transmission capacity, switching services, ducts or fibre from other Licensees to provide telecommunication service to the public,

  1.  

    for the purpose of providing a Class Licence Type A or Class Licence Type B Service.

  1.  

    (4)   A Special Licence granted by the Minister in accordance with the Act refers to any type of licence or frequency authorisation granted for a period not exceeding ten days when emergency or other exigent circumstances exist and is not subject to renewal.

  1.  

    (5)   The Minister shall, on receipt of a recommendation from ECTEL, publish in the Gazette the telecommunications networks and services that are subject to an individual licence, a Class Licence or a Frequency Authorisation.

  1.  

    (6)   Frequency authorisation shall be required for the operation of any network or the provision of any service that requires the use of radio spectrum.

4.   Scope of licence

The grant of a licence or frequency authorisation to a person does not authorise that person to own or operate any telecommunications network, or provide any telecommunications service, other than that prescribed in the licence or frequency authorisation.

PART 3
COMMISSION'S ACTION ON RECEIPT OF APPLICATIONS

5.   Action on receipt of application

  1.  

    (1)   Upon receipt of an application for a licence or frequency authorisation, the Commission shall review the application for completeness.

  1.  

    (2)   Where the application is incomplete, the Commission shall, within 7 days, notify the applicant of the further information required to process that application and that the Commission may refrain to act further until receipt of that information.

  1.  

    (3)   Where the Commission is satisfied with the completeness of an application for an individual licence, it shall as soon as practicable, forward the application along with the supporting documents to ECTEL for review.

  1.  

    (4)   Where the Commission is satisfied with the completeness of an application for a class licence, it shall review the application.

PART 4
INDIVIDUAL LICENCE

6.   Application for individual licences

  1.  

    (1)   An application for an individual licence shall be submitted to the Commission and shall:

    1.  

      (a)     be in the prescribed form and contain such information and particulars as are set out in the Schedule 3; and

    1.  

      (b)     be accompanied by the prescribed application fee which shall be non refundable.

  1.  

    (2)   Notwithstanding the provisions of subregulation (1)(a), an application for a submarine cable licence shall be made in accordance with the form set out in the Schedule 4.

7.   Procedure for processing individual licence

  1.  

    (1)   Subject to regulation 5, the Commission, upon receipt of an application for an individual licence, shall as soon as practicable forward a copy of that application with supporting information to ECTEL.

  1.  

    (2)   ECTEL upon receipt of the application for an individual licence may consult with the Commission, members of the public, experts, industry or other persons, or adopt any other reasonable process to aid it in recommending whether or not to grant the licence to the applicant.

  1.  

    (3)   ECTEL shall within 60 days of receipt of an application for an individual licence make a recommendation, which shall be submitted to the Commission for onward transmission to the Minister.

  1.  

    (4)   The Commission shall forward the application to the Minister together with ECTEL's recommendations within 5 days of receipt of ECTEL's recommendation.

8.   Notice from Minister on individual licences

  1.  

    (1)   Upon receipt of the recommendation for an individual licence from ECTEL, the Minister shall within 21 days of receipt notify the applicant in writing of his or her decision.

  1.  

    (2)   Where an application for an individual licence is refused the Minister shall in his or her notification to the applicant state in writing the reasons for his or her refusal.

PART 5
CLASS LICENCE

9.   Application for class licence

An application for a class licence shall be for either a class licence Type A Service or class licence Type B Service and shall be submitted to the Commission—

  1.  

    (a)     in the prescribed form and contain such information and particulars as are set out in the Schedules 5 and 6 respectively; and

  1.  

    (b)     be accompanied by the prescribed application fee which shall be non-refundable.

10.   Consultations on class licence application

The Commission, upon receiving an application for a class licence, may consult with ECTEL, members of the public, experts, industry or other persons, or adopt any other reasonable process to aid it in recommending whether or not to grant the licence to the applicant.

11.   Commission's recommendations on class licence

  1.  

    (1)   Subject to regulation 5, and notwithstanding regulation 10, the Commission shall, within 60 days of receipt of a class licence application forward the application to the Minister together with its recommendations.

  1.  

    (2)   In making its recommendation to the Minister, the Commission shall take into account—

    1.  

      (a)     the matters set out in the application;

    1.  

      (b)     any submissions received during the process set out in regulation 10; and

    1.  

      (c)     other relevant matters.

12.   Minister's decision on class licence

  1.  

    (1)   The Minister shall within 21 days of receipt of the recommendation for a class licence from the Commission, notify the applicant of his or her decision in writing.

  1.  

    (2)   Where the application is refused, the Minister shall in his or her notification to the applicant state in writing the reasons for his or her refusal.

PART 6
SPECIAL LICENCE

13.   Application for special licence

An application for a special licence shall be submitted in writing to the Minister and shall—

  1.  

    (a)     contain such information and particulars as may be necessary to process the application including the name and address of the applicant and the service being applied for; and

  1.  

    (b)     be accompanied by the prescribed application fee which shall be non-refundable.

PART 7
PLIMITING THE NUMBER OF LICENCES

14.   Limiting the number of licences

Where it is proposed that the number of licences to be granted for the operation of a particular type of telecommunications network or the provision of a particular type of telecommunications service should be limited, the Commission shall, on the recommendation of ECTEL—

  1.  

    (a)     publish a consultative document containing reasons for the proposed limitation;

  1.  

    (b)     consider any representations made to it in respect of the proposed limitation;

  1.  

    (c)     publish a notice in the Gazette and in a local newspaper having a wide circulation stating the-

    1.  

      (i)     grounds and period during which licences will be granted, and

    1.  

      (ii)     reasons for proposing to limit the number of licences; and (d) undertake a periodic review of any limitation imposed on the number of licences granted.

PART 8
PROCEDURE FOR THE TRANSFER OF LICENCE

15.   Transfer of licence

  1.  

    (1)   A licensee wishing to transfer a licence shall apply to the Minister in writing at least 90 days prior to the proposed date of transfer, or such other period as may be determined by the Minister.

  1.  

    (2)   The written application of the licensee and a completed application form by the proposed transferee for a licence shall be jointly submitted to the Minister who shall as soon as practicable forward the same to ECTEL, in the case of an individual licence, and to the Commission in the case of a class licence, for its evaluation in accordance with the procedures set out in these Regulations for the evaluation of the particular licence.

  1.  

    (3)   Upon completion of its evaluation of the application ECTEL or the Commission, as the case may be, shall forward its recommendation to the Minister.

  1.  

    (4)   The Minister acting on such advice may approve or disapprove the transfer.

  1.  

    (5)   Where the application is refused the Minister, shall in his or her notification to the applicant, state in writing the reasons for his or her refusal.

  1.  

    (6)   The Minister shall respond to the applicant within 21 days of receipt of a recommendation from ECTEL or the Commission as the case may be.

  1.  

    (7)   In this Part “transfer” includes any method by which a licence is to be recorded in the name of another person other than the initial licensee.

16.   Internal restructuring or name change

Where a transfer of a licence or frequency authorisation is required as a result of a change of name in accordance with the Companies Act and results in no change to the beneficial ownership thereof, the provisions of regulation 15 shall not apply and the licensee shall within 30 days notify the Minister of the change of name and the reasons for the change.

PART 9
FREQUENCY AUTHORISATION

17.   Application for frequency authorisation

An application for a frequency authorisation shall be submitted in writing to the Commission and shall—

  1.  

    (a)     be in the prescribed form and contain such information and particulars as are set out in the Schedule 7.

  1.  

    (b)     be accompanied by the prescribed application fee which shall be non-refundable.

18.   Duties of Commission on receipt of application for frequency authorisation

Upon receipt of an application for a frequency authorization the Commission shall—

  1.  

    (a)     review the application; and

  1.  

    (b)     consult with ECTEL on that application.

19.   Recommendations of Commission for grant of frequency authorisation

  1.  

    (1)   Upon completion of the process under regulation 18, the Commission shall make a recommendation to the Minister.

  1.  

    (2)   In recommending to the Minister whether the frequency authorisation should be granted or not, the Commission shall take into account:

    1.  

      (a)     the matters set out in the application;

    1.  

      (b)     any recommendations of ECTEL;

    1.  

      (c)     the National Spectrum Management Plan;

    1.  

      (d)     the Regional Spectrum Management Plan; and

    1.  

      (e)     other relevant matters.

  1.  

    (3)   Subject to the provisions of regulations 4 and 5, the Commission shall make its recommendation to the Minister in writing no later than 60 days after receipt of the application.

20.   Minister's decision on frequency authorisation

  1.  

    (1)   The Minister shall notify the applicant in writing of his or her decision within 21 days of receipt of the recommendation from the Commission.

  1.  

    (2)   Where the application is approved, the Minister shall grant the frequency authorisation on payment of the prescribed fee.

  1.  

    (3)   Where the application is refused, the Minister shall, in his or her notification to the applicant, state in writing the reasons for his or her refusal.

21.   Transfer of frequency authorisation

The provisions of Part 8 shall apply mutatis mutandis to the transfer of frequency authorisations.

PART 10
ENFORCEMENT OF A LICENCE OR FREQUENCY AUTHORISATION

22.   Enforcement of licence conditions

  1.  

    (1)   Where the Commission is satisfied that a licensee or frequency authorisation holder is contravening or has contravened any of the provisions of these Regulations, his or her licence or frequency authorisation, the Commission shall commence an investigation for the purpose of securing compliance with the provision, regulation or condition in question.

  1.  

    (2)   The enforcement of conditions of a licence or frequency authorisation shall be subject to the following specific regulatory principles, practices and procedures—

    1.  

      (a)     the Commission may begin an investigation into a complaint in the following circumstances-

      1.  

        (i)     upon receipt of a complaint by anyone,

      1.  

        (ii)     where indicated by matters arising from an investigation of any person as part of the Commission's performance of its duties, or

      1.  

        (iii)     where the Commission obtains information by other means and that information suggests that a contravention of the licence term or condition may have occurred or is occurring,

      1.  

        (iv)     of its own motion;

    1.  

      (b)     upon a complaint about a particular conduct, the Commission shall determine whether there is reason to suspect that there is a contravention of these regulations or a condition under the licence or frequency authorisation and if so shall proceed to investigate the complaint;

    1.  

      (c)     in determining whether to proceed with investigating a complaint, the Commission shall give priority to matters where—

      1.  

        (i)     there has been a breach of these Regulations,

      1.  

        (ii)     there has been a breach of a condition in the licence or frequency authorization,

      1.  

        (iii)     there appears to be substantial damage or risk of substantial damage arising from that breach,

      1.  

        (iv)     there appears to be significant public detriment;

    1.  

      (d)     where the Commission has determined there is reason to suspect that there is a contravention of these Regulations or any condition of a licence or frequency authorisation, the Commission shall, in writing, issue an investigation notice;

    1.  

      (e)     the Commission shall make the decision to issue an investigation notice after giving proper consideration to the merits of the case and deciding whether it has reason to believe that the licensee or frequency authorisation holder concerned has contravened these Regulations or a condition under the licence or frequency authorisation;

    1.  

      (f)     the investigation notice shall state -

      1.  

        (i)     that the Commission is investigating a possible breach of these Regulations, a condition of the licence or frequency authorization,

      1.  

        (ii)     the reasons for the suspicion of a contravention or breach, including any matter of fact or law which is relevant to the investigation,

      1.  

        (iii)     that information is required from the licensee or frequency authorisation holder in order to proceed with the investigation;

    1.  

      (g)     In determining matters concerning the breach of a condition of a licence or frequency authorisation, the Commission in arriving at its decision-

      1.  

        (i)     shall provide the licensee or frequency authorisation holder with an opportunity to make representation on the matter before the Commission,

      1.  

        (ii)     may provide an opportunity for the public to make representation in connection with the material issues,

      1.  

        (iii)     shall give consideration to the representations of the licensee or frequency authorisation holder,

      1.  

        (iv)     shall, where there has been a public consultation, give consideration to the public comments received,

      1.  

        (v)     shall not be bound by technicalities, legal forms or rules of evidence,

      1.  

        (vi)     shall act as expeditiously as a proper consideration of the matters may allow, having regard to the need to carefully and quickly inquire into and investigate the breach and all matters affecting the merits and fair settlement of the matter,

      1.  

        (vii)     may inform itself of any matter relevant to the reach in any way it thinks appropriate;

    1.  

      (h)     the Commission's decision and directions shall be nondiscriminatory and shall treat similarly situated parties in the same manner and on the same basis;

    1.  

      (i)     at any time during the investigation the Commission may issue an interim order directing the licensee or frequency authorisation holder to cease and desist from a specified conduct, if the Commission is satisfied that—

      1.  

        (i)     there is prima facie evidence that the licensee or frequency authorisation holder contravened the provision of the these Regulations or a condition in the licence or frequency authorization,

      1.  

        (ii)     continuation of the licensee or frequency authorization holder's conduct is likely to cause serious harm to other licensees or frequency holders, consumers or the general public,

      1.  

        (iii)     the potential harm in allowing the licensee or frequency authorisation holders to continue its conduct outweighs the burden on the licensee or frequency authorization holder,

      1.  

        (iv)     issuance of the order is in the public interest;

    1.  

      (j)     where the Commission determines that the licensee or frequency authorisation holder has contravened any of the conditions under these Regulations, the licence or frequency authorisation, the Commission after consultation with ECTEL may take any of the following enforcement actions-

      1.  

        (i)     direct the licensee or frequency authorisation holder to cease engaging in the provision of the service or use of the particular frequency,

      1.  

        (ii)     direct the licensee or frequency authorisation holder to take specific remedial action and provide proof to the satisfaction of the Commission that such remedial action has been undertaken,

      1.  

        (iii)     refer the matter to the Director of Public Prosecutions for the instituting of criminal proceedings;

    1.  

      (k)     where the licensee or frequency authorisation holder fails to comply with paragraph (j) (i) and (ii) the Commission shall advise ECTEL by submitting a full report on the matter;

    1.  

      (l)     ECTEL, upon review of the report submitted in accordance with paragraph (k), shall make further recommendations to the Commission.

PART 11
GENERAL PROVISIONS

23.   Terms for issuance of licence

  1.  

    (1)   The Minister shall issue an individual licence, class licence and frequency authorisation on terms that are non-discriminatory.

  1.  

    (2)   For the purpose of subregulation (1), an individual licence, class licence or frequency authorisation is issued on non-discriminatory terms if—

    1.  

      (a)     telecommunications providers of similar types of telecommunications networks or telecommunications services are treated similarly;

    1.  

      (b)     the licence or frequency authorisation does not favour any one telecommunications provider or class of telecommunications providers; and

    1.  

      (c)     the issuance of the licence or frequency authorization is likely to enhance competition in any market.

24.   Notice to the Minister

The holder of a licence or frequency authorisation shall notify the Minister in writing if either of the following occurs—

  1.  

    (a)     any of the matters forming part of the application for licence or frequency authorisation changes in a material respect;

  1.  

    (b)     the licensee or frequency authorisation holder enters into any agreement to merge part or all of its telecommunications activities in Saint Lucia with any person.

25.   Revocation of licence

  1.  

    (1)   Where the Minister proposes to vary suspend or revoke a licence or frequency authorisation, he shall notify the licensee or frequency authorisation holder—

    1.  

      (a)     of the reasons for the proposed variation, suspension or revocation; and

    1.  

      (b)     specifying the date on which the variation, suspension or revocation is proposed to take effect, and the period within which representations on the Proposal may be made.

  1.  

    (2)   Where the Proposal is the result of a breach of these Regulations or a term, provision or limitation of the licence or frequency authorisation the notice given to the licensee or frequency authorization holder shall state that the proposal shall be withdrawn if the breach is remedied within the period of 30 days commencing from the date of the notice.

  1.  

    (3)   Where the licensee or frequency authorisation holder fails to remedy the breach as stated in sub-regulation (2), the Minister shall not later than 7 days after the last day for remedy by the licensee or frequency authorisation holder—

    1.  

      (a)     suspend the licence or frequency authorisation for a period not exceeding 3 months during which period the licensee or frequency authorisation holder shall cease all activity related to his licence or frequency authorisation and shall remedy the breach;

    1.  

      (b)     revoke the licence or frequency authorisation where the licensee or frequency authorisation holder fails to remedy the breach during the suspension period.

26.   Register

  1.  

    (1)   The Commission shall maintain Registers at its principal office containing—

    1.  

      (a)     each individual licence, class licence, special licence and frequency authorisation;

    1.  

      (b)     the names, registered office or principal place of business of each person licensed or authorised to operate.

  1.  

    (2)   The registers shall be open to public inspection during normal working hours and may be made available electronically or in any format, as the Commission considers appropriate.

  1.  

    (3)   The Commission shall make copies of entries in the register available to members of the public on payment of a prescribed fee.

27.   (Spent)

28.   Transitional provisions

  1.  

    (1)   Notwithstanding the revocation of the Telecommunications (Licensing and Authorisation) Regulations 2002, No. 13 licences or frequency authorisations granted under those Regulations shall remain valid.

  1.  

    (2)   An application for a renewal of a licence or frequency authorisation issued pursuant to the Telecommunications (Licensing and Authorisation) Regulations, Cap. 8.11 shall be made in accordance with the provisions of these Regulations.

  1.  

    (3)   An application for a licence or frequency authorisation or for the transfer of a licence or frequency authorisation made prior to the passage of these Regulations, for which a recommendation has not been made by ECTEL, or the Commission as the case may be to the Minister, shall be processed in accordance with these Regulations.

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