(2) In the discharge of their duties, the sworn agents may:
- carry out unannounced controls and record telecommunications offences in a report;
- under the supervision of the State Counsel, carry out searches as well as seize equipment having
been used to commit offences and close the premises in accordance with the law.
They shall, upon request, benefit from the assistance of the forces of law and order in the discharge
of their duties and especially in identifying and questioning suspects.
Section 41: (1) In case of an offence duly established in accordance with Sections 39 and 40 above,
the Board shall give the offending operator notice to comply with the provisions of the laws and
regulations or with the prescriptions of the license under which he is carrying out his activity, within a
period of no more than 15 (fifteen) days. The Board may make such notice public.
(2) Where a network operator or a supplier of telecommunications services does not comply with the
notice provided for above, the Board may apply one of the following penalties against him:
a) 1 (one) -month suspension;
b) 1 (one) -year reduction of the duration of his authorization;
c) withdrawal of the authorization.
(3) Without prejudice to the penalties provided for in Section 41 (2) above, where the breach is not a
criminal offence, the Board may inflict on the offender a penalty of from 5 (five) million to 250 (two
hundred and fifty) million francs.
(4) However, where the breach constitutes a criminal offence, the file shall be forwarded to the State
Counsel's chambers for judicial proceedings. The State Counsel shall have a time-limit of 8 (eight)
days within which to refer the matter to the competent court.
(5) Penalties falling under the jurisdiction of the Board shall be pronounced after notification of the
charges to the operator who shall have 3 (three) days, with effect from the notification, to consult
the file and make his observations in writing.
Section 42: In case of serious and immediate violation of the regulations governing the
telecommunications sector, the Board may, after hearing the parties involved, order protective
measures in order to ensure continuity in the functioning of the networks.
Section 43: Offences dating back more than 5 (five) years may not be brought before the Board if
such offences were not investigated, recorded or punished before that period.
Section 44: The Board shall make public its decisions and those of the arbitrators, subject to secrets
protected by the law. It shall notify the parties thereof.
Section 45: The Board may be called upon by any interested natural person or corporate body, by
any professional organization or consumer association or by the Administration in charge of
telecommunications to settle disputes among operators.
The Board shall favour any reconciliatory solution in accordance with the procedure laid down in
Sections 37 and 38 above.
PART IV
RIGHT OF WAY
CHAPTER I