Electronic Communications Act, 2008

ACT 775

(b) the charge is required to be paid to the provider of the
telecommunications service.
(c) that charge is imposed for the use of the telecommunications
service,
(d) it has the contents of electronic communications transmitted
by means of an electronic communications network, and
(e) it allows the user of an electronic communications service
to access a facility provided by that service to make a
transmission.
(3) A person provides a premium rate service if that person
(a) provides the service described in subsection (2),
(b) exercises editorial control over the contents of the service,
(c) packages together the contents of the service for the purpose
of facilitating its provision,
(d) makes available a facility comprised in the service,
(e) is the provider of an electronic communications service used
for the provision of the service and is entitled under
arrangements made with a provider of the service falling
within paragraph (a) to (d), to retain some or all of the charges
received in respect of the provision of the service or of the use of
the electronic communications service,
(f) is the provider of an electronic communications network
used to provide the service and an agreement relating to the
use of the network for that service subsists between the
provider of the network and a person who is a provider of
the service falling within paragraph (a) to (d), and
(g) is the provider of an electronic communications network
used to provide the service and the use of that network
(i) for the premium rate services, or
(ii) of services that include or may include premium rate
services,
and is authorised by an agreement subsisting between that
person and either an intermediary service provider or a
person who is a provider of the service by virtue of
paragraph (e) or (f).
Special licences
18. (1) The Authority may grant a special licence where it determines
that an emergency or other exigent circumstance exists.
(2) A person who wishes to obtain a special licence shall apply to
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