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Telecommunications Ordinance

Commencement: 20th August 1979

LAWS OF TUVALU
REVISED EDITION 1982

CHAPTER 100

TELECOMMUNICATIONS

ARRANGEMENT OF SECTIONS

Section

1. Short title
2. Interpretation
3. Appointment of the Authority
4. Application of Ordinance
5. Radio licence
6. Radiocommunications in ships and aircraft
7. Search warrant
8. Delivery from customs
9. Disposal of privately owned radio apparatus
10. Appointment of radio operators
11. Issue of licences
12. Public revenues not liable for damage done by licence holder, etc.
13. Powers of the Authority
14. Public emergency
15. Production of telegrams
16. International Telecommunication Convention
17. Regulations
18. Offences

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An Ordinance to regulate the use of telecommunications in Tuvalu

11 of 1979
3 of 1982

Commencement: 20th August 1979

Short title

1. This Ordinance may be cited as the Telecommunications Ordinance.

Interpretation

2. In this Ordinance, unless the context otherwise requires-

"apparatus" includes any apparatus used or intended to be used for the purpose of telecommunications;

"the Authority" means the Telecommunications Authority appointed under the provisions of section 3;

"the Convention" means the International Telecommunication Convention signed at Montreux on 12th November 1965 and any amendment thereof or successor thereto;

"licence" means a radio licence issued under the provisions of this Ordinance;

"radiocommunications" means any telecommunications by means of radio waves;

"radio operator" means a person appointed as such by the Minister for the purposes of this Ordinance, or in the absence of any such appointment means a person employed as a communications officer or radio operator in the Telecommunications Division of the Government;

"telecommunications" or "radio" includes radio telegraphy, radio telephony and any other system for the reception as well as the sending of messages or other communications by means of radio waves, wires or other electromagnetic systems.

Appointment of the Authority

3. The Minister may, by notice, appoint a person to exercise the powers conferred upon the Authority under the provisions of this Ordinance.

Applications of Ordinance

4. The provisions of this Ordinance shall not apply to officers or men of Her Majesty's Forces for Tuvalu using radio apparatus in the performance of their official duties, or to apparatus so used, but in all other respects telecommunications within Tuvalu shall be under the control of the Minister.

Radio licence

5. (1) No person shall install or use any radiocommunication apparatus without having first obtained a licence in that behalf issued under the provisions of this Ordinance:

Provided that this section shall not apply to prevent the installation or use of radiocommunication apparatus-

(a) by ships or aircraft licensed in that connection by another Government; or

(b) intended and used exclusively for the reception of broad cast programmes; or

(c) where such installation or use is in connection with Government service and approved by the Authority; or

(d) where the installation or use is by the Authority or in connection with a service provided by the Authority.

(2) Any person contravening the provisions of subsection (1) of this section and any person contravening or failing to comply with any regulation relating to radio licences made under this Ordinance, or any term or condition contained in any radio licence issued under this Ordinance, shall be liable, on summary conviction, to a fine of $500 or to imprisonment for 6 months. In addition to any such penalty the court convicting any person may order-

(a) the forfeiture to the Crown of the apparatus and installation in connection with which such offence was committed; and

(b) the cancellation of any licence held under this Ordinance by the accused and the prohibition for a specified period of the holding by him of any licence under this Ordinance.

Radiocommunications in ships and aircraft

6. (1) Subject to section 4, no person shall operate any radio apparatus installed in-

(a) any ship, whilst that ship is in the territorial waters of Tuvalu; or

(b) any aircraft, whilst that aircraft is in or over Tuvalu or the territorial waters thereof,

otherwise than in accordance with regulations made in that behalf by the Minister:

Provided that the Minister may by notice in writing, in any particular case or class of cases, exempt any person from any specified provisions of the regulations.

(2) Any person contravening or permitting, procuring or assisting in the contravention of any such regulation shall be liable, on summary conviction, to a fine of $500 or to imprisonment for 6 months.

(3) This section shall not apply to radio apparatus in ships or aircraft forming part of the armed forces of any foreign power.

Search warrant

7. (1) If a Magistrate is satisfied by information on oath that there is a reasonable ground for suspecting that a radio station has been established without a licence in that behalf, or that any radio apparatus has been installed or worked or concealed in any place or on board any ship or aircraft without a licence in that behalf, or contrary to the provisions of this Ordinance or of any regulations made thereunder or of any licence granted under this Ordinance, he may grant a search warrant authorising a radio operator or a Police Officer, with such assistance as may be necessary, to enter, inspect and search at any time of the day or night the station, place, ship or aircraft and to seize any apparatus which appears to him to be used or intended to be used for radiocommunications.

(2) All radio apparatus that may be found upon any such search may, by order of the court, be forfeited to the Crown.

(3) This section shall not apply to radio apparatus in ships or aircraft forming part of the armed forces of any foreign power.

Delivery from customs

8. No radio apparatus imported into Tuvalu shall be delivered by a customs officer to any person, unless such person shall have first obtained a licence to keep, use or establish such apparatus, where such licence is required.

Disposal of privately owned radio apparatus

9. (1) Any person who owns radio apparatus for his own private use and in respect of which he requires and holds a licence or licences, may sell or otherwise dispose of such apparatus to any other person in Tuvalu:

Provided that he shall, within one month of such sale or disposal, notify the Minister thereof in writing, stating the name and address of the person to whom such apparatus has been sold or otherwise disposed of and describing the apparatus.

(2) Every person contravening the foregoing provision of this section shall be liable on conviction to a fine of $50.

Appointment of radio operators

10. The Minister may appoint radio operators and such other officers as may be necessary for the purposes of this Ordinance and on such terms and conditions as he shall think fit.

Issue of licences

11. (1) The Authority may, upon receipt of a written application in the prescribed form and upon payment of the prescribed fee, issue or renew a licence to install and use radio apparatus and may revoke any licence already issued:

Provided that any person aggrieved by the failure of the Authority to grant or renew a licence or any conditions imposed upon a licence or by the revocation of a licence may apply to the Minister to review any such matter and the Minister's decision in that respect shall be final and binding on the Authority end on any applicant or former licence holder.

(2) All licences issued under the provisions of subsection (1) shall specify, whether by reference to regulations or otherwise, the class of licence granted and the conditions under which the radiocommunications apparatus may be used.

(3) The Authority shall maintain a register of all licences granted.

(4). The Minister may by notice in writing in any particular case or class of cases remit all or part of any fees paid or payable under this Ordinance.

Public revenues not liable for damage done by licence holder, etc.

12. (1) No liability shall attach to public revenues in respect of any action, claim or demand which may be brought or made by any person in consequence of any damage arising from anything done by the holder of any licence granted under this Ordinance or by his, agents.

(2) No claim or demand against public revenue shall arise by reason of anything lawfully done by the Minister or any person duly authorised in his behalf in carrying out the provisions of this Ordinance.

(3) No claim or demand against public revenues or the Minister shall arise by reason of any error in or omission from any telegram, or delay in the transmission of any telegram or for any delay in the delivery or for the non-delivery of any telegram or omission to send or receive any telegram from whatever cause the error, omission, delay or non-delivery shall arise.

(4) No claim or demand against public revenues shall arise as a result of any failure of any telephone service established or maintained by the Authority.

Powers of the Authority

13. (1) The Authority may from time to time place telecommunication lines under, over, along, or across, and posts in or upon, any real property and in that connection may do all such works as may be considered necessary to facilitate such placement or maintenance or to ensure the proper working of such telecommunication lines:

(a) the Authority shall not exercise the powers conferred by this section except for the purpose of a telecommunication system established or maintained by the Government;

(b) the Government shall not by virtue only of the exercise of any power granted by this section, obtain any right other that that of user only in any property.

(2) In the exercise of any power conferred upon it by this section the Authority shall do as little damage as possible and, when any such power is exercised in circumstances where other than by virtue of this section there would be no right for the Authority to carry out such works or to do such things, the Authority shall pay compensation to all persons sustaining any damage by reason of the exercise of the powers:

Provided that any person who is aggrieved by the non payment of any compensation or by the amount of any sum tendered or paid by the Authority under the provisions of this subsection may apply to the Minister for a review and the Minister's decision in that connection shall be final.

(3) Before doing any act in the exercise of the powers conferred by subsection (1) the Authority shall, except in cases of urgency which involve risk of injury or damage to property, give 7 days prior notice to the owner or occupier of the land which is, or is likely to be, affected stating as fully and accurately as possible the nature and extent of the acts intended to be done.

Public emergency

14. If at any time a period of public emergency is declared in terms of section 18 (b) of the Constitution and it appears to the Minister that the Government should have control over the transmission and reception of radio messages, the Minister may, during the continuance of such emergency, make such orders as may appear desirable with respect to the possession, sale, purchase, construction and use of radio apparatus in any place in Tuvalu or on board any ship or on any aircraft.

Production of telegraph

15. (1) Where it appears to the Minister that such a course is expedient in the public interest he may, by warrant under his hand, require any person who owns or controls any radio apparatus used for the sending or receipt of telegrams to or from any place out of Tuvalu to produce to him or to any person named in the warrant the originals and transcripts, either of all telegrams, or of telegrams of any specified class or description, or of telegrams sent from or addressed to any specified person or place or sent or received to or from any place out of Tuvalu by means of any such radio apparatus, and all other papers relating to such telegrams.

(2) Any person who, on being required to produce any such original or transcript or paper as aforesaid, refuses or neglects to do so, shall be guilty of an offence, and shall be liable, on conviction, to a fine of $200 or to imprisonment for 6 months.

International Telecommunication Convention

16. The provisions of the International Telecommunication Convention and any Regulations in force thereunder shall apply to all stations available for the transmission or reception of radio messages and to all messages transmitted or received by those stations, and every person granted a licence under this Ordinance shall comply therewith.

Regulations

17. The Minister may make regulations in respect of any matter and for any purpose relating to radiocommunications and for more effectually carrying into effect the objects of this Ordinance; and without in any manner restricting the foregoing powers such regulations may provide for or prescribe-

(a) the conditions under which radio apparatus may be worked in Tuvalu and in ships and aircraft;

(b) the periods during which radio apparatus may or may not be worked;

(c) the control of electrical interference in relation to the working of apparatus;

(d) the fees to be paid for licences;

(e) the forms of licences;

(f) the duties of a radio operator;

(g) the control, management and conditions to govern the supply of telephone services;

(h) the fees payable for the supply of telephone services to consumers;

(i) the procedure to be followed on a review under the provisions of sections 11 (1) or 13 (2).

Offences

18. Any person who-

(1) unlawfully and maliciously injures, removes or destroys any apparatus or any part of any apparatus;

(2) unlawfully and maliciously obstructs or prevents in any manner whatever the sending of any telecommunications message or signal;

(3) sends any message by telecommunication which is grossly offensive or of an indecent, obscene and menacing character;

(4) sends any message by telecommunication which he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to any person; or

(5) persistently makes telecommunication calls without reasonable cause and for the purpose of causing annoyance, inconvenience or needless anxiety to any person,

shall be guilty of an offence and shall be liable to imprisonment for 2 years or to a fine of $1000.

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