No. 4378
Act No. 8, 2009
Government Gazette 16 November 2009
31
COMMUNICATIONS ACT, 2009
Provision of telecommunications equipment
44.
(1)
Subject to subsection (2), the Authority may not restrict the
provision, including the development, manufacture, sale, lease, installation, maintenance
or repair, of telecommunications equipment, except as expressly provided in section 80:
Provided that the Authority may make regulations requiring such persons who provide
such equipment to register with the Authority and to provide such information as may
be prescribed, to the Authority.
(2)
The Authority may restrict the provision of telecommunications
equipment by a licensee that is dominant in a market relating to the use or provision of
such equipment by prescribing such accounting rules and other regulatory safeguards
as it may consider necessary for the promotion of competition, after having followed a
rule-making procedure.
Automatic licence to be granted to Telecom
45.
(1)
Telecom will be deemed to have applied for a service and
technology neutral licence to render telecommunications services on the date of
commencement of this Act.
(2)
The licence issued to Telecom must include such mandatory or
permissive network and service expansion targets and quality of service standards as
the Authority deems appropriate in order to achieve the objects of this Act and to treat
Telecom fairly.
(3)
The Authority must determine quality of service standards in the
licence issued to Telecom under this section that must include, but are not limited to,
requirements relating to service provision time, call completion rates, fault rates, fault
repair times, dial tone delays, and dialling errors.
(4)
The Authority must establish procedures for measuring, reporting
and monitoring compliance with network and service expansion targets and quality of
service standards.
(5)
If Telecom fails to comply substantially with the mandatory network
and service expansion targets or the quality of service standards contained in its licence,
the Authority may impose such penalties as provided by section 115(4) of this Act.
(6)
The Authority may include conditions in the licence requiring Telecom
to provide the following services to existing and new customers for the duration of the
licence:
(a)
Domestic private line service;
(b)
international private line service;
(c)
public call offices and public pay-telephones;
(d)
emergency call services;
(e)
dial-up and printed directory information services; and
(f)
such other telecommunications services as the Authority may find to be
in the public interest.