except under and in accordance with a licence or an exemption order issued by the
LTA.
(2)
For the purposes of this Act, the provision of telecommunications services to the public
includes the provision or offering of such a service to any segment of the public, including
the resale of telecommunications services obtained from another person, even if only one
person is provided or offered such a service.
(3)
All telecommunications services and telecommunications networks other than those
described in Section 15 (1) and 15 (2) may be provided with a licence or permit issued by the
LTA.
16.
General Provisions Related to Licences
(1)
The LTA shall determine the terms, conditions, procedures and criteria for granting
telecommunications licences, in accordance with this Act and any related regulations, rules,
orders or notices.
(2)
The LTA may issue regulations, rules, orders or notices clarifying the requirements of
telecommunications licensing from time to time.
(3)
Licences shall be issued by the LTA, and shall be signed by a simple majority of the
Commissioners or another representative of the LTA to whom authority has been delegated
in accordance with the bylaws or operating rules adopted by the Commission from time to
time.
(4)
A licence is a unilateral grant of permission from the LTA to provide a telecommunications
service or operate a telecommunications network, and shall not be regarded as a contract or
bilateral agreement.
(5)
Licences shall be in writing, and the LTA shall make copies of them available for inspection
by the public.
(6)
In all circumstances where a licence is required, the following will be made publicly
available by the LTA:
(a)
the applicable licensing procedures and licensing criteria; and
(b)
the time periods within which the LTA is expected to assess applications,
notify applicants and reach any related decision.
(7)
If a license application is denied, the reasons for denial shall be provided in writing by the
LTA.
(8)
Licences for service providers that provide substantially the same telecommunications
services or own or operate substantially the same telecommunications networks shall not
unfairly discriminate between such licensees.
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