Revised Laws of Saint Lucia (2021)

3.   Interpretation

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   (1)   In this Act, unless the context otherwise requires—

“applicant” means a person applying for a licence or a frequency authorisation;

“application” means an application for a licence or frequency authorisation, including a modification or renewal of a licence;

“application fee” means the fee payable to the Commission by an applicant for a licence or frequency authorisation;

“Board” means the Board of Directors of ECTEL appointed under Article 8 of the Treaty;

“broadcasting” means the transmission of radio or video programming to the public on a free, pay, subscription, or other basis, whether by cable television, terrestrial, or satellite means, or by other electronic delivery of such programming;

“class licence” means a licence, as distinct from an individual licence, issued on the same terms to each applicant of a category of users in respect of the operation of a type of telecommunications network or telecommunications service specified under section 6;

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

“commissioner” means a commissioner appointed under section 7;

“Comptroller” means the Comptroller of Inland Revenue; (Inserted by Act 20 of 2003)

“document” includes an electronic document;

“diplomatic missions” include international organisations accredited to Saint Lucia;

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

“frequency authorisation” means an authorisation granted by the Minister under section 35 to use radio frequencies in connection with the operation of a network or the provision of services under an individual licence or class licence or otherwise;

“frequency fees” means the prescribed fee payable by a frequency authorisation holder;

“Gross Annual Revenue” means the Gross Revenue for the reporting year received by or due to the licensee and its affiliates, from whatever source derived, before any deductions for expenses, discounts, returns, or offsets of any kind, except domestic interconnection payments and taxes or charges collected for and on behalf of the Government;

“individual licence” means a licence granted to a particular person in accordance with section 29 on terms specific to that person;

“infrastructure” includes facilities, submarine cables and landing sites, towers, sites and underground facilities;

“infrastructure sharing” means the joint utilisation of a particular physical structure, segment, element, or feature of the entire infrastructure;

“inspector” means a person appointed under section 51;

“interconnection” means the connection of 2 or more separate telecommunication systems, networks, links, nodes, equipment, circuits and devices involving a physical link or interface;

“land” includes any land under whatever tenure held and easement, servitude, right or privilege in or over land;

“licence” means an individual licence or a class licence;

“licence fees” means the initial, annual and renewal fees payable by an applicant;

“Minister” means the Minister to whom responsibility for telecommunications is assigned;

“park” means an enclosed or private space set apart for ornament or to afford the benefit of pleasure and recreation;

“person” includes any corporation, either aggregate or sole, any partnership or association, and any undertaking, club, society, or other body of one or more persons and any individual;

“private network” means a system to provide telecommunications service to a person or entity that is for the sole and exclusive use of that person or entity and is not interconnected with the public telecommunications network;

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

“public voice telephony services” means the commercial provision to the public of the direct transport and switching of voice telephony in real time from and to network termination points;

“radio communications” means the transmission, emission or reception of signs, signals, text, images and sounds, or other intelligence of any nature by radio;

“radio equipment” means any equipment or apparatus designed or used for radio communications;

“records” includes existing licences, frequency authorisations, telecommunications equipment approvals, policy or operational documents, orders and documents relating to decisions;

“regulations” means regulations made under section 73;

“road” means any road or street or part thereof and includes all bridges, culverts, embankments, approaches, drains, verges, pavements, kerbs, footpaths, parapets and other works or things, forming part of any road or street;

“site” means land, or a building on land or a structure on land;

“special licence” means a licence granted under provisions of section 6 by the Minister in an emergency or other exigent circumstances;

“telecommunications” means any form of transmission, emission, or reception of signs, text, images and sounds or other intelligence of any nature by wire, radio, optical or other electromagnetic means;

“telecommunications facilities” means any facility, apparatus or other thing that is used or capable of being used for telecommunications or for any operation directly connected with telecommunications, and includes a transmission facility;

“telecommunications network” means any wire, radio, optical, or other electromagnetic system used to route, switch, or transmit telecommunications;

“telecommunications provider” means a person who is licensed under this Act to operate a telecommunications network or to provide telecommunications services;

“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;

“tender fees” means the fees payable by an applicant for an individual licence in order to participate in an open tender procedure;

“terminal equipment” means equipment intended to be connected directly or indirectly to the network termination point of a telecommunications network in order to emit, transmit, or receive telecommunications services;

“tower” means a tower, or a pole, or a mast or a similar structure;

“Treaty” means the Treaty establishing the Eastern Caribbean Telecommunications Authority signed at St. George's, Grenada on 4 May, 2000 and includes that Treaty as amended from time to time;

“underground facility” means an underground facility that is used, installed ready to be used, or intended to be used, to hold lines;

“Universal Service Fund” means the Fund established for the promotion of universal service by Section 43;

“universal service” includes the provision of—

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   (a)     public voice telephony;

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   (b)     internet access;

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

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

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   (2)   Except so far as the contrary intention appears, an expression that is used both in this Act and in the Treaty (whether or not a particular meaning is assigned to it by the Treaty) has in this Act the same meaning as in the Treaty.

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   (Amended by Act 9 of 2006)