Sri Lanka Consolidated Acts

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Sri Lanka Telecommunications Act (No. 25 of 1991) - Sect 17

No person to operate telecommunication system without a licence

17.
(1) Subject to the provision of section 20, no person shall operate a telecommunication system in Sri Lanka except under the authority of a licence granted by the Minister in accordance with subsection (2).
(2) The Minister may grant the licence referred to in subsection (1) on the recommendation of the Authority, provided he shall have the power to reject such recommendations for reasons assigned and grant a licence in his own discretion,
(3)
(a) Where the Authority consider it in the public interest to do so the Authority may give public notice in such manner as he deems appropriate of his intention to recommend to the Minister the grant of a licence.
(b) The notice referred to in paragraph (a) shall"
(i) state that he propose to recommend the grant of a licence to a particular person;
(ii) specify the time (not being less than twenty eight days from the date of publication of the notice) within which representations or objections with respect to the grant of the proposed licence may be made.
(c) A representation or objection duly made in response to such notice shall be considered by the Authority.
(4) Every application for a licence shall be in writing and shall be made to the Authority in such manner as may be required by the Authority.
(5) Before recommending the grant of a licence, the Authority shall satisfy himself that the applicant is capable of operating the telecommunication system for which licence is being applied for.
(6) A licence under subsection (2) of this section"
(a) shall be issued on payment by the applicant of the licence fee;
(b) shall be in writing and unless previously revoked in accordance with any terms in that behalf contained in the licence, continue in force for such period as may be specified therein;
(c) shall set out the terms and conditions subject to which the licence is being granted;
(d) shall require the provision of such telecommunication services as are specified in the licence by means of such telecommunication system ;
(e) may authorise the connection to any telecommunication system to which the licence relates of"
(i) any other telecommunication system specified in the licence; and
(ii) any apparatus so specified in the licence; and
(f) may authorise the provision by means of any telecommunication system to which the licence relates of any such telecommunication services as are specified in the licence.
(7) The terms and conditions referred to in paragraph (c) off subsection (6) may include"
(a) such conditions (whether relating to the operating of the telecommunication system to which the licence relates or otherwise) as appear to the Minister to be requisite or expedient having regard to the provisions of section 4;
(b) conditions requiring the payment to the Authority on the grant of the licence or during the currency of the licence or both on the grant and during the currency of the licence such sum or sums of money as may be determined by the Authority to defray any expenses incurred by him in granting the licence and requiring the payment of an. annual cess calculated at a rate on the annual turnover of the operator to be used by the Authority for prescribed purposes ;
(c) conditions requiring an operator to furnish to the Authority, in such manner and at such times as may be reasonably required by the Authority, such documents, accounts, estimates, returns or other information as the Authority may require for the performance of his duties under this Act;
(d) conditions prohibiting an operator from showing preference to, or from exercising discrimination against a particular person or persons of any class or description as respects any service provided, connection made or permission given ;
(e) conditions requiring an operator to publish in such manner and at such times as are specified in the licence, a notice specifying the charges and other terms and conditions that are to be applicable to the services provided, connection made or permission given;
(f) conditions requiring an operator to ensure that an adequate and satisfactory information system which may include billing information, tariff information, directory services and directory inquiry services be made available to users :
(g) conditions requiring an operator"
(i) to comply with directions given by the Authority in relation to the national transmission plan, signaling plan, switching plan, numbering plan, and the charging plan to which an operator shall design and maintain his telecommunication network, and conditions requiring approval from the Authority in the event of any departure from any of the aforesaid plans;
(ii) to keep the Authority informed of the practices followed by him in the routing of national and international traffic; and
(iii) to ensure that compensation is paid to persons affected by the running of underground cables or overhead lines ;
(h) conditions requiring an operator"
(i) to comply with any direction given by the &c. Authority as to such matters as are specified in the licence ;
(ii) except with the consent of the Authority to do or refrain from doing such things as are required to be done or required not to be done under the licence ;
(iii) to refer for determination by the Authority such questions arising under the licence as are specified in the licence ;
(i) conditions requiring the connection to any telecommunication system to which the licence relates or permit the connection to any such system, of such other telecommunication systems and such apparatus as are specified in the licence.
(j) conditions requiring an operator to develop and publish a plan to restore service during emergencies ;
(k) conditions specifying acceptable economic criteria in accordance with which the Authority shall approve tariff adjustments proposed by an operator.
(8) A licence granted under this section shall be published in such manner as the Authority may determine is best calculated to give publicity thereto.
(9) All sums paid as fees under this section for the issue of a licence shall be paid into the Consolidated Fund.

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