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| (1) Notwithstanding the provisions contained in subsection (1) of section 17 and subject to subsections (2) and (3) of this section no licence shall be required"
| | (a) to operate a telecommunication system"
| | | (i) where the only agency involved in the conveyance of things thereby conveyed is light and the things thereby conveyed are so conveyed as to be capable of being received or perceived only by the eye ; or |
| (ii) which is not connected to another telecommunication system where all the apparatus comprised therein is situated either"
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| (iii) where a single and" individual runs such system
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| | (b) for the connection of approved terminal apparatus to the public switched network of an operator ; or | | |
| | (c) for a person who carries on a business to run a telecommunication system for the purposes of that business where that telecommunication system is not connected to another telecommunication system, and in respect of which the following conditions are satisfied, namely"
| | | (i) that no person other than the person carrying on the business is concerned in the control of the apparatus comprised in that system. |
| (ii) that sounds or visual images conveyed by that system, are not conveyed for the purpose of their being heard or seen by persons other than the person carrying on the business or any employees of his engaged in the conduct of that business ; |
| (iii) that messages conveyed by the system are conveyed only to the person carrying on the business, to any employee engaged by him on the conduct of that business or for reception or transmission* by telecommunication apparatus of such system used in the course of the business and controlled by him ; |
| (iv) that, messages conveyed by the system, are not conveyed for the purpose of actuating or controlling machinery or apparatus used otherwise than in the course of that business ; and |
| (v) that nothing falling within the definition of the expression " telecommunication system " is conveyed by the system by way of rendering a telecommunication service to any person other than the person carrying on the business ; or |
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| | (d) for the use of telecommunication systems or telecommunication apparatus by the police, the armed forces and any other services directly employed by the State for national security in the performance of their official duties subject to the prosions of this Act: | | |
| | (e) for the use of telecommunication systems or apparatus on board any warship or aircraft in the service of the State ; | | |
| | (f) for the use of any telecommunication system or apparatus in any foreign civil aircraft registered outside Sri Lanka, if such system or apparatus and the members of the crew of the aircraft who use such system or apparatus have been specially licensed in accordance with the requirements of any international convention for the time being in force as to the installation or use of such system or apparatus in aircraft. | | |
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| (2)
| | (a) Where a telecommunication system referred to in paragraph (d) of subsection (1) extends beyond the boundaries of an area corresponding to the premises occupied by the person operating the system every person who on the date of coming in to force of this section is operating such a system or on or after that date proposes to operate such a system shall, as a condition of operating that system"
| | | (i) obtain a licence from the Authority for the type of telecommunication system being operated, or proposed to be operated, the location of the system and its boundaries ; |
| (ii) comply with any provision of this Act or any regulations or rules made thereunder in. respect of such system. |
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| | (b) A person who operates a telecommunication system hi contravention of the provisions of paragraph (a) shall be guilty of an offence under this Act and may be prohibited by the Authority from operating such a system. | | |
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| (3)
| | (a) Where there is an agreement between a person who is operating a telecommunication system, as is referred to in paragraph (a) (iii) or (d) of subsection (1) of this section and an operator, for the interconnection of their telecommunication systems such persons shall prior to interconnection obtain a licence from the Authority for such interconnection. | | |
| | (b) A person who fails to comply with the provisions of paragraph (a) shall be guilty of an offence under this Act and may be prohibited by the Authority from continuing to operate such system. | | |
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| (4) An operator may if he so desires request the Authority to monitor an interconnection referred to the subsection (3) in the interests of operational efficiency and technical standards and the Authority shall where so requested take appropriate measures to comply with such request. |
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Sri Lanka Consolidated Acts