Telecommunications Act 1996 .
Certified on: / /20 .
INDEPENDENT STATE OF PAPUA NEW GUINEA.
No. 57 of 1996.
Telecommunications Act 1996 .
ARRANGEMENT OF SECTIONS.
1. Compliance with constitutional requirements. 2. General objectives of Act. 3. Interpretation. 4. End Facilities. 5. Regulations may determine network boundaries. 6. Basic rules. 7. Properties. 8. Combined areas. 9. Principal user of a property. 10. Eligible combined areas. 11. Equipment etc, connected to network. 12. Meaning of customer equipment of same type. 13. Line links. 14. Facilities ancillary to a line link. 15. Reserved line links. 16. Public mobile telecommunications service. 17. Public access cordless telecommunications services. 18. Act binds the State. 19. Act subject to Radio Spectrum Act 1996 . 19C. Commission is the principal regulator. 19D. The Commission and PANGTEL. 19E. Transfer of PANGTEL staff and assets. 19F. Functions of the Commission. 19G. Powers of the Commission. 19H. General Government Obligations of the Commission. 19I. Government Policies. 19J. Charges for services provided by the commission. 19A. Telecommunications is a regulated industry. 19B. Government policy to be consistent with the regulatory contract and licences. 20. Establishment, etc, of PANGTEL. 21. Membership. 22. Leave of absence. 23. Vacation of office. 24. Vacancy not to affect powers or functions. 25. Meetings of PANGTEL. 26. Disclosure of interests. 27. Application of Public Finances (Management) Act 1995 . 28. Application of Audit Act 1989 . 29. MONEYS of PANGTEL. 30. Application and investment of moneys. 31. Liability to taxation. 32. Functions of PANGTEL. 33. Powers of PANGTEL. 34. The Commission, PANGTEL, carriers and licensees to prevent use of networks and facilities in commission of offences. 35. General government obligations of PANGTEL. 36. Minister may notify PANGTEL of policies of the government. 37. Consultation. 38. Advisory committees. 39. Chief Executive. 40. Qualification of Chief Executive. 41. Functions, etc, of Chief Executive. 42. Staff. 43. Access to information. 44. Charges for services provided by PANGTEL. 45. Rights to reserve line links and ancillary facilities. 46. Supply of telecommunications services by satellite based facilities or microwave facilities. 47. Provision of public pay phones. 48. Supply of public mobile telecommunications services. 48A. Telikom mobile carrier operations. 49. Action to enforce this Part. 50. Acts done on behalf of a carrier. 51. Line links used by transport authorities. 52. Line links used by broadcaster. 53. Line links for defence purposes. 54. Objectives. 55. Licences and Regulatory contracts. 56. Application for general telecommunications licences and public mobile licences and certain other licences. 57. Decision on application. 58. Revocation of licence. 59. Transfer of licence. 60. Decision on application. 61. Conditions to which a licence is subject. 62. Conditions. 63. Declaration of conditions of licences. 64. Notification and date of effect of instrument under Section 63. 65. The Commission to consult before changing licence conditions. 66. Code of practice relating to dealings with international telecommunications operators. 66A. Carrier codes of practice. 66B. Technical Codes of Practice for carriers. 66C. Licensees to comply with Code. 67. Licensee to maintain confidentiality. 68. Land access code for carriers. 68A. Erection, maintenance and removal of transmission lines, antennae, etc. 68B. Ownership of facilities. 69. Land access code binding on carriers. 70. Powers to inspect land etc. 71. Trees may be cut etc. 72. A carrier may replace, repair and maintain facilities etc. 73. Power extends to carrier’s employees etc. 74. Carrier to do as little damage as practicable etc. 75. Dominant carrier not to discriminate between acquirers of telecommunications services. 76. Exceptions. 77. Action for discrimination. 78. Tariffs. 79. Variation and revocation of tariff. 80. Terms and conditions in tariff apply unless excluded. 81. National numbering plan. 82. Right to access. 83. The Commission’s role in negotiations of access agreements. 84. Arbitration by the Commission of access terms. 85. Determination under Section 84 taken to be an access agreement. 86. Charging principles. 87. Determination of technical standards. 88. Application for permits. 89. Issue of new permits. 90. Variation of permits by PANGTEL. 91. Issue and variation of permits. 92. Register of customer equipment. 93. Offences relating to customer equipment. 94. Disconnection of customer equipment for which there is no permit. 95. Cancellation of permits. 96. Representations concerning cancellation of permits. 97. Transfer of permits. 98. Accreditation etc, of test houses. 99. PANGTEL may limit application of Division in relation to customer equipment. 100. Application for cabling licences. 101. Issue of cabling licences. 102. Variation of cabling licences by PANGTEL. 103. Issue and variation of cabling licences. 104. Register of cabling licences. 105. Offences relating to unlicensed cabling work. 106. Deemed refusal of cabling licences. 107. Representations concerning variation of cabling licences. 108. Cancellation of cabling licences. 109. Representations concerning cancellation of cabling licence. 110. Surrender of cabling licences. 111. PANGTEL may limit application of division in relation to customer cabling. 112. Disconnection etc, of customer equipment or customer cabling. 113. Action for unauthorized connection to telecommunications network of customer equipment or customer cabling. 114. Reconsideration of decisions. 115. Effect on operation of other laws. 116. Evidence. 117. Application for cable television service licence. 118. Issue of cable television service licences. 119. Variation of cable television service licence by theCommission. 120. Issue and variation of cable television service licence. 121. Register of cable television service licences. 122. Offences relating to unlicenced television cable services. 123. Deemed refusal of cable television service licences. 124. Representations concerning variation of cable television system licences. 125. Representations prior to cancellation of cable television service licence. 126. Cancellation of cable television service system licences. 127. Surrender of cable television service licences. 128. Difficulties with provisions of this Part. 129. Declarations of policy. 130. Rural development obligations. 131. Government policy directions on rural development obligations. 132. PANGTEL to determine procedures. 133. Variation of procedures. 134. Availability of procedures. 135. PANGTEL may declare universal service carrier and rural development service carriers. 136. Effect of declaration: meaning of “universal service carrier” and “rural development service carrier.”. 137. Prescribed carrier obligation of universal service carrier. 138. PANGTEL must propose service areas for declaration as for each year. 139. PANGTEL to determine entitlements. 140. Assessments and collection of levy payments. 141. Public may request information. 142. Carrier may request information that is unavailable under Section 141. 143. How PANGTEL to comply with a request. 144. Rural development fund. 145. Payments into fund. 146. Purposes of fund. 147. Levy distribution to participating carrier. 148. Levy not to be distributed until paid. 149. When inquiry may held. 150. Informing the public about an inquiry. 151. Discussion paper. 152. Written submissions; protection from civil actions. 153. Public hearings. 154. Hearings in camera. 155. Matters the Commission and PANGTEL may investigate. 156. Complaints. 157. Investigations. [158. Repealed] 159. Conduct of investigations. 160. Complainant and certain other persons to be informed of various matters. [161. Repealed] 162. Reports on investigations. [163 - 164. Repealed] 163. The Commission may direct carrier to remedy breach of licence condition. 164. The Commission may direct carrier to prescribed carrier obligation. 165. Protection from civil actions. 166. Public register of information about investigations. 167. Establishing a telecommunication network, etc, without a licence. 168. Fraudulent use of telecommunications network. 169. Improper use of telecommunications network. 170. Modification etc, of message. 171. Interception and disclosure of messages. 172. Protection of telecommunications installations. 173. Criminal liability of directors, officers etc, of bodies corporate. 174. General penalties. 175. Consent for prosecution under act. [176. Repealed] 177. Prosecutions under other laws. 178. Enforcement of Commission directions and conditions. 179. Pecuniary penalties for contraventions of Commission directions or conditions. 180. Civil action for recovery of pecuniary penalties. 181. Remedies may be pursued at the same time. 182. Criminal proceedings not be brought for contraventions of the Commission directions or conditions. 182A. Review of Decisions by Commission. 182B. Minister’s powers to intervene. 183. Appointment of inspectors. 184. Identity card. 185. Searches to monitor compliance with Act etc. 186. Offence-related searches and seizures. 187. Warrants may be granted by telephone. 188. Power to require information etc. 189. Retention of books, records and documents. 190. Nature of unenforceability of agreements. 191. Review of decisions by National Court. 192. Statement to accompany notification of decision. 193. The Commission to review and report to minister on competitive safeguards and carrier performance. 194. National Court powers relating to the injunctions. 195. PANGTEL may obtain information and documents from carriers. 196. PANGTEL may obtain information and documents from persons other than carriers. 197. Person to use protected name or protected symbol. 198. Consultants. [199. Repealed] 200. Delegation. [201. Repealed] 201. Service of notices. 202. Regulations.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Telecommunications Act 1996 ,
Being an Act relating to telecommunications, MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.
PART I. – PRELIMINARY.
1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS.
(1) [1] [2] This Act, to the extend that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution namely–
(a) the right to liberty of the person conferred by Section 42 of the Constitution; and (b) the right to freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and (c) the right to freedom of expression conferred by Section 46 of the Constitution; and (d) the right to peacefully assemble and associate and to form or belong to, or not to belong to, political parties, industrial organizations and other associations conferred by Section 47 of the Constitution; and (e) the right to freedom of choice of employment in any calling for which a person has the qualifications (if any) lawfully required conferred by Section 48 of the Constitution; and (f) the right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects conferred by Section 49 of the Constitution; and (g) the right of reasonable access to official documents conferred by Section 51 of the Constitution,
is a law that is made (pursuant to Section 38 of the Constitution) –
(h) taking account of the National Goals and Directive Principles (including, in particular, the goal that Papua New Guinea should, among other things, be economically independent and its economy basically self reliant and to achieve development primarily through the use of Papua New Guinea forms of economic organization) and the Basic Social Obligations (including, in particular, the obligations to protect Papua New Guinea and to safeguard the national wealth, resources and environment in the interests not only of the present generation but alson of future generations), for the purpose of giving effect to the public interest in public safety, public order, public welfare, and the development of underprivileged or less advanced groups or areas; and (i) in order to protect the execise of the rights and freedom of others; and (j) to make provision for cases where the exercise of one such right may conflict with the exercise of another.
(2) [3] [4] This Act, to the extent that it creates or otherwise gives rise to rights, privileges, obligations and duties that are not the same as between citizens, is intended to be a law for the special benefit, welfare, protection and advancement of members of under privileged and less advanced groups and residents of less andvanced areas for the purposes of Section 55 of the Constitution.
(3) [5] [6] For the purposes of –
(a) Section 29 of Organic Law on Provincial Governments; and (b) Section 41 of the Organic Law on Provincial and Local-level Governments,
it is hereby declared that this Act relates to a matter of national interest.
(4) [7] [8] Insofar as this Act involves a compulsory taking of possession of property or compulsory acquisition of an interest in or right over property within the meaning of Section 53 of the Constitution –
(a) the purposes and reasons for each such taking acquisition are declared and described to be –
(i) to facilitate and maintain the efficient and economical provision of telecommunications services; and (ii) to maintain the peace and good order in Papua New Guinea,
and each of those purposes and reasons is hereby also declared and described as –
(iii) a public purpose; and (iv) a reason that is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind,
for the purposes of Section 53 of the Constitution and for the purposes of any other relevant law; and
(b) for the purposes of Section 53(2) of the Constitution, just compensation will be made on just terms for compulsory taking of possession of property or the compulsory acquisition of an interest in or right over property in accordance with the terms set out in Section 58A and such terms shall constitute compensation procured (and accordingly made) by, and made on behalf of, the State in connection with each such taking and acquisition.
2. GENERAL OBJECTIVES OF ACT.
The objectives of this Act include–
(a) [9] ensuring that the standard telephone service –
(i) is supplied as efficiently and economically as practicable; and (ii) is supplied commercially at performance standards ad technical standards that reasonably meet the social, industrial and commercial needs of the Papua New Guinea community; and
(b) ensuring that the carrier or carriers achieve high levels of accountability and responsiveness to customer and community needs; and (c) [10] achieving optimal rates of expansion and modernization for Papua New Guinea’s telecommunications infrastructure and network; and (d) creating a regulatory environment for the supply of telecommunications services which promotes fair and efficient market conduct; and (e) promoting the development of Papua New Guinea’s telecommunications capabilities, industries and skills, for use in Papua New Guinea and overseas.
PART II. – INTERPRETATION.
Division 1.
General.
3. INTERPRETATION.
In this Act, unless the contrary intention appears–
“access agreement” means an agreement made between two or more licensees entered into pursuant to Part XI; “accredited test house” means a test house in relation to which there is in operation an accreditation granted under regulations made under Section 98; [11] “apparatus”, for the application of Part XIV, includes a satellite, a satellite television receiver only, an earth station, a satellite dish, an antenna, a television receiver set, a video cassette recorder, a video tape recorder, a radio frequency amplifier and any other equipment used for the provision of cable television service; [12] “Appeal Panel” has the same meaning as in the Independent Consumer and Competition Commission Act 2002; “appropriate fee” in relation to an application, means the fee for the application that is payable under this Act; “boundary”, in relation to a telecommunications network, has a meaning affected by Division II.2; “business day” means a day that is not a Saturday, a Sunday or a public holiday in the place concerned; “cable television service” means a service provided by using a cable television system; “cable television system” means a system whereby images and/or sound signals that–
(a) originate from a source apparatus; or (b) are received by an apparatus,
are re-transmitted by a cable or cable distribution network for reception by apparatus; “cabling licence” means a licence issued under Section 101 to perform customer cabling work; “carrier” means a general carrier or a mobile carrier; “carry” includes transmit, switch and receive; “Chairman” means the Chairman of PANGTEL and includes any acting Chairman of PANGTEL; “charge” includes–
(a) any charge or fee (whether payable periodically, in instalments or otherwise); and (b) a nil charge or nil fee; and (c) in relation to a telecommunications service, includes–
(i) any charge or fee (including one of a kind referred to in Paragraph (a) or (b)) for or in relation to a facility used, or intended for use, in relation to the supply of the service; and
(ii) any other charge or fee (including one of a kind referred to in Paragraph (a) or (b)) for or in relation to the supply of the service;
“Chief Executive” means the Chief Executive of PANGTEL; [13] “Code” means a Code of Practice determined by the Commission or by PANGTEL under Part XVIII; [14] “Commission” means the Independent Consumer and Competition Commission established by the Independent Consumer and Competition Commission Act 2002; [15] “Commission direction” means a direction given by the Commission to a licensee under any provision of this Act; “communication” includes any communication–
(a) whether between persons and persons, things and things or persons and things; and (b) whether–
(i) in the form of–
(A) speech, music or other sounds; or
(B) data; or
(C) text; or
(D) visual images, whether or not animated; or
(E) writing, signs or signals; or
(ii) in any other form or in any combination of forms;
“condition” means, in relation to a licence, a condition or restriction to which the licence is subject, or will be subject, as the case requires; [16] “convention” means a convention to which Papua New Guinea is a party or an agreement or arrangement between the Commission or Papua New Guinea and a foreign country, and includes, for example, an agreement, arrangement or understanding between PANGTEL and an official or authority of a foreign country; “Corporation” means the Post and Telecommunication Corporation; “customer cabling” means a line that–
(a) is, or is intended to be, connected to a telecommunications network operated by a carrier; and (b) is used, or intended for use, beyond the boundaries of any such telecommunications network;
“customer equipment” means equipment that is, or is intended to be, connected to a telecommunications network operated by a carrier, other than equipment that is used, or intended for use, within the boundaries of such a network; “defence organization” means–
(a) the Department of Defence or any part of it; or (b) the Defence Force or any part of it; or (c) an organization or body of a foreign country, so far as the organization or body–
(i) has functions corresponding to functions of, or of a part of, the Department of Defence or the Defence Force; and
(ii) is authorized to operate or train in Papua New Guinea; or
(d) a part of such an organization or body;
“defence purposes” means any one or more of the following:–
(a) the operation of command and control systems; (b) the operation, direction or use of a defence organization; (c) the operation of intelligence systems; (d) the collection or dissemination of information relevant to the security or defence of Papua New Guinea or of a foreign country that is allied to or associated with Papua New Guinea; (e) the operation or control of weapons systems, including any thing that, by itself or together with any other thing or things, is intended for defensive or offensive use in combat; (f) any other prescribed matter;
“device” means an appliance that can be used for the purpose of receiving, transmitting, processing and converting radiocommunication; “distinct places” has the meaning given by Division II.3; [17] “eligible corporation” means a body corporate that is incorporated in Papua New Guinea and is in compliance with the Investment Promotion Act 1992 ; “equipment” means any apparatus or equipment used, or intended for use, in or in connection with a telecommunications network, but does not include a line; “facility”–
(a) in the case of a reference to a facility ancillary to a line link–has the meaning given by Section 13; or (b) otherwise–means–
(i) any part of the infrastructure of a telecommunications network; or
(ii) any line, equipment, tower, mast, antenna, tunnel, hole, pit, pole or other structure or thing used, or intended for use, in or in connection with a telecommunications network; or
(iii) without limiting Subparagraph (i) or (ii), a facility ancillary to a line link (as defined by Section 14);
“general carrier” means the holder of a general telecommunications licence in force under Part VI ; “Government Policy” means the general policy from time to time relating to telecommunications of the State of Papua New Guinea as approved by the National Executive Council, as amended with the approval of the National Executive Council; “install” include alter, move, remove and replace; “interference” means the process of impairing the fidelity or discernment of radiocommunication; [18] “International Arbitrator” means a member of the Panel of Experts who satisfies the requirements set out in Section 41(3) of the Independent Consumer and Competition Commission Act 2002; “international service” means a telecommunications service between a place within Papua New Guinea and a place outside Papua New Guinea; “international telecommunications operator” means a person (other than a carrier) who operates a telecommunications network outside Papua New Guinea for or in relation to the supply of international services, or who supplies such services; “licence” means a licence granted under this Act; “licensee” means a person who is the holder of a licence issued under this Act and, for the avoidance of doubt, includes a carrier; “line” means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or intended for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy; “line link” has the meaning given by Section 13; “maintain” includes adjust and repair; “market” means the market for telecommunications services–
(a) when used in relation to telecommunications services between places within Papua New Guinea–in Papua New Guinea; and (b) when used in relation to telecommunications services between Papua New Guinea and a place outside Papua New Guinea–between Papua New Guinea and any other place;
“member” means a member of PANGTEL, and includes the Chief Executive; “microwave facilities” means radio equipment, power supplies and external structures such as antennas, towers and feeder cabling to radio equipment used for the operation of a telecommunications network; “mobile carrier” means the holder of a public mobile licence in force under Part VI; “modifications” includes variations, additions, omissions and substitutions; “national numbering plan” means the plan prepared under Part X in force from time to time; “network” means–
(a) a telecommunications network to supply telecommunications services between places within Papua New Guinea; and (b) a telecommunications network to supply telecommunications services between places within Papua New Guinea and places outside Papua New Guinea;
“network matter” means a matter relating to–
(a) the operation of telecommunications networks; or (b) the operation of facilities connected to, and within the boundaries of, telecommunications networks; or (c) the supply of telecommunications services by means of telecommunications networks;
[19] “PANGTEL” means the Papua New Guinea Radiocommunications and Telecommunications Technical Authority; “payphone” means a fixed telephone that–
(a) is connected directly or indirectly to a telecommunications network operated by a general carrier; and (b) when in normal working order, cannot be used to make a telephone call (other than a free call or a call made with operator assistance) unless, as payment for the call, or to enable payment for the call to be collected–
Telecommunications Act 1996
No. 57 of 1996