Broadcasting and Telecommunication Act

Chapter number: 
19
In force: 
Yes

 

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

 

CONSOLIDATED TO 30 JUNE 2012

 

LAWS OF SEYCHELLES

CHAPTER 19

BROADCASTING AND TELECOMMUNICATION ACT

[1st April, 2000]

Act 2 of 2000

SI. 15 of 2000

Act 10 of 2004

Act 7 of 2006

 

 

 

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1.            Short title

2.      Interpretation

PART II – LICENCES

3.      Broadcasting service ortelecommunication service licence

4.      Broadcasting transmission facility or telecommunication facility licence

5.      Radio communication licence

6.      Experimental licence

7.      Form and conditions etc. of a licence

8.      Revocation or suspension of a licence

9.      Variation of conditions etc. and inclusion of new conditions etc. in a licence

10.    Transferability of licence

11.    Restriction of number of licences

PART III - ADMINISTRATION OF THE ACT

12.    Functions of the Minister

13.    Numbering system

14.    Powers of entry and inspection for ensuring compliance with the Act

15.    Non-transmission of messages in the national interest

16.    Matters of objectionable nature

17.    Breach of copyright and agreements

18.    Licensee's power of entry, etc.

19.    Compensation for actual damage

20.    Growing trees

PART IV - OFFENCES

21.   Operation of service or system without a licence

22.    Dishonest obtaining of telecommunication services

23.    Obstruction

24.    Failure to carry out orders

25.    Wilful destruction of apparatus

26.    Wilful interference with services, etc.

27.    Presumptions relating to masters and cap`tains

PART V -MISCELLANEOUS

28.    Establishment of the Telecommunication Universal Service Fund

29.    Licensee’ s duty to ensure safety of consumers, etc.

30.    Network interconnection

31.    Collocation of equipment

32.    Resolution of disputes

33.    Unfair competition

34.    Directory information

35.    Other duties of telecommunication service licensees

36.    Emergency messages, etc.

37.    Radio frequency management

38.    Regulations

39.    Avoidance of doubt

40.        Repeal of Cap 19

________________

 

PART I - PRELIMINARY

 

1.      This Act may be cited as the Broadcasting and Telecommunication Act.

 

2.      In this Act -

 

“aircraft” means every description of aircraft other than the military aircraft of the Republic;

 

"broadcasting" means the transmission of programmes, whether or not encrypted, by radio waves or other means of telecommuni- cation for direction general reception with the aid of any  equipment or apparatus, but does not include any such transmission of programmes made solely for performance or display in a public place;

 

"broadcasting apparatus" means an apparatus used for broad­casting, but does not include a-private rad io receiv i ng set or a private television receiver;

 

"broadcasting service" means a service which provides regu­lar broadcasting;

 

“customer premises equipment” means equipment on the premises of a person not being a telecommunication service licensee, used to originate, route or terminate telecommunica­tions;

 

"dialling parity" means the ability of one licensee to provide telecommunication services in such manner that his custom­ers can route their telecommunications, automatically with­out using an access code, to any other licensee's telecom­munication service;

 

“encrypted” means treated electronically or otherwise so as to prevent intelligible reception in the absence of the means of decryption;

 

"inner islands" means the islands described in Part II of Schedule I of the Constitution;

 

"Licence" means a I icence issued under section 6 of the Licences Act,

 

“licensee” means the holder of a licence;

 

"Licensing Authority" means the Licensing Authority estab­lished by section 3 of the Licences Act;

 

“message” means any communication sent, received or made by telecommunication, or given to any person to be sent by telecommunication or to be delivered;

 

“minister” means the Minister responsible for Broadcasting and telecommunication;

 

“number portability” means the ability of users of a telecom­munication service to retain at the same location existing tele­communication numbers without any impairment of quality, reliability or convenience when changing from one telecom­munication service licensee to another;

 

“numbering system" means a system consisting of distinguish­ing numbers or letters by which connection between different terminal equipment points can be established through the use of a telecommunication facility;

 

“programme” means sounds or visual images or a combination of sounds and visual images that are intended to inform or entertain but does not include visual images, whether or not combined with sounds, that consist predominantly of at phanumeric text;

 

"radio communication service" means a service involving the transmission, emission or reception of radio waves for specific telecommunication purposes;

 

“radio waves” means electromagnetic waves of frequencies arbitrarily lower than 3000 GHz propagated in space without artificial wave guide;

 

“ship” includes every description of vessel used in navigation, or propelled by oars, and includes hovercraft but does not include military ships of the Republic,

 

"telecommunication" means any emission. transmission or reception of signs, signals, speech, writing, images, Sounds or intelligence of any nature by wire, cable, radio, optical or other electromagnetic system or by any similar technical system;

 

"telecommunication apparatus” means an apparatus used for. or in respect of. telecommunication, and includes a telephone but does not include a private radio receiving set or private television receiver,

 

"telecommunication facility" means any facility, apparatus or other thing that is used or is capable of being used for telecommunication or for any operation directly connected with telecommunication and includes a transmission facility;

 

"telecommunication service" means a service provided by means of telecommunication facilities and includes the provision in whole or in part of telecommunication facilities and any related equipment whether by sale, lease or otherwise;

 

"telegraphy" means a system of telecommunication for the transmission of written matter by the use of a signal code;

 

"terminal equipment” means telecommunication equipment which is intended to be used or operated by a telecommunication service subscriber;

 

"transmission facility" means any wire, cable, radio, optical or other electromagnetic system or any similar technical system for the transmission of intelligence between network termination points, but does not include any exempt transmission apparatus,

 

“universal service" means such telecommunication service as may be determined by the Minister as a service that needs to be provided by a licensee toan area or community not served, or not adequately served, by such a service.

 

PART 11 - LICENCES

 

3.      (1)     No person shall provide a broadcasting service, or a telecommunication service, except under, and in accordance with, a licence granted under the Licences Act.

 

(2)     A licence referred to in subsection (1) may authorise the licensee to operate a telecommunication facility for the purpose of providing the service for which the licence is granted.

 

(3)         Subject to subsection (4), a licence referred to subsection (1) to provide a broadcasting service shall only granted to a body corporate incorporated bu or under an Act Seychelles and shall not be granted to an applicant if the applicant-

 

(a)          already holds a licence or directlyor indirectly controls or is controlled by a body corporate which already holds a licence;

 

(b)         is a religious organisation or a body corporate which is affiliated to a religious organisation;

 

(c)          is a political party or a body corporate which is affiliated to a political party;

 

(d)         has been adjudged bankrupt or declared insolvent or has been convicted of sedition or any offence involving fraud or or dishonesty.

 

(4)     Subsection (3) shall not apply to any person holding a licence at the time of coming into operation of that subsection as regard the continuation of operations under the licence or the renewal of the licence.

 

4.      No person shall operate a transmission facility or telecommunication facility except under, and in accordance with a licence grante under the Licences Act.

 

5.      (1)     No person shall -

 

(a)          possess, set up or operate a radio communication network; or

 

(b)     possess, set up or operate radio communication equipment whether assembled or otherwise, under the except under, and in accordance with a licence granted Licences Act.

 

(2)     A licence referred to in subsection (1) shall specify-

 

(a)          the radio frequency or frequencies allocated to the licensee,

  

(b)     the description of the antenna and transmitter to be used,

 

 (c)    the geographical area in which a mobile transmitter. where applicable, may be used'.

  

(d)     the location of the antenna and fixed transmitter;

 

(e)          the obligation. if any, to share the frequency allocated with any other person; and

 

(f)          such other particulars as the Minister may deem necessary.

 

6.      (1)     Where the sole object of an applicant for a licence under this Act is to conduct experiments in any of the activities for which a licence is required under section 3, 4 or 5, and such experiments are likely to be of public benefit, a licence may be granted, in accordance with any one of those sections, for experimental purposes.

 

(2)     A licence granted for experimental purposes shall be subject to such special terms, conditions and restrictions as may be specified in the licence and any fees payable under the Licences Act in respect of the licence may be waived or remitted under that Act.

 

7.      A licence required under this Act shall be subject to such terms and conditions and restrictions as may be specified in the licence and shall be in such form as may be determined by the Licensing Authority and shall be valid, unless earlier revoked, for such period as may be specified in the licence.

 

8.      (1)     The Licensing Authority may revoke or, subject to subsection (2), suspend a licence required under this Act, on any one or more of the following grounds -

 

(i)           failure to pay any fee payable under the Li­cences Act;

 

(ii)         failure to comply with any provision of this Act or the Licences Act in so far as that provision is applicable to the licence;

 

(iii)       failure to comply with any term, condition or restriction of the licence;

 

(iv)       where it is advisable in the national interest, for a specified reason to do so.

 

(2)     A licence shall not be suspended for any period exceeding 30 days but where, on any of the grounds specified in subsection (1), it becomes necessary to extend the period of suspension the period may be extended by further periods not exceeding 30 days at any one time.

 

(3)     A person shall not be entitled to a refund of the licence fee or to any compensation by reason of the revocation or suspension of a licence.

 

(4)     A licensee aggrieved by a revocation or suspension of the licence may appeal against the revocation or suspension in accordance with section 15 of the Licences Act and the provisions of that section shall apply to the appeal.

 

9.      Where it is advisable in the national interest to do so, any term, of condition or restriction of a licence may be varied or revoked or any new term, condition or restriction be included in the licence.

 

10.    A licence shall not be transferred except with the consent of the Licensing Authority given after consultation with the Minister.

 

11.    The Minister may, by a direction in writing issued to the Licensing Authority, limit the number of licences referred to in sections 3,4, 5 and 6 and the Licensing Authority shall give effect to the direction.

 

11A.(1)     Notwithstanding anything in the foregoing provisions of this Part to the contrary, any licence required udner this Part for the provision of a broadcasting service or a telecommunication service within or from an International Trade Zone may be granted by the Seychelles International Business Authority in consultation with the Minister.

 

(2)     The provisions of this Part shall apply to a licence referred to in subsection (1) as if there were substituted-

 

(a)          in sections 3, 4, 5, 6 and 8(1), for the words “Licences Act” the words “International Trade Zone Act”;

 

(b)         for subsection (4) of section 8, the following subsection:

 

(4)     A licence aggrieved by a suspension or revocation of the licence may make written representations under section 7(3) of the International Trade Zone Act, and section 7(3), (4) and (5) of that Act shall, mutatis mutandis, apply to the written representations.

 

(c)          In sections 7, 8, 10 and 11, for the words “Licensing Authority” the words “Seychelles International Business Authority.

 

PART III -ADMINISTRATION OF THE ACT

 

12.    (1)     The Minister shall be responsible for the general superintendence and supervision of all matters relating to broadcasting and telecommunication and shall carry the provisions of this Act into execution.

 

(2)     The Minister, in exercising the powers conferred by this Act, shall -

 

(a)          take all reasonable measures to provide throughout Seychelles, such broadcasting and telecommunication will satisfy all reasonable demand for such services, including emergency services, public pay phone services and directory information services;

 

(b)         promote the interests of consumers, purchasers and other users of broadcasting and telecommunication services in respect of the prices charged for, and the quality and variety of, such services and equipment supplied in connection with such services;

 

(c)          promote and maintain competition among persons engaged in commercial activities for, or in connection with, the provision of broadcasting and telecommunication services and promote efficiency and economy on the part of such persons; and

 

(d)         promote the goals of universal service.

 

13.    The Minister shall establish and maintain a non-discriminatory and efficient numbering system to be applied by all licensees of telecommunication services.

 

14.    (1)     Any public officer authorised in writing by the Minister may, for the purpose of ensuring that the provisions of this Act are complied with, at any reasonable time–

 

(i)           enter any building or place or go on board any ship or aircraft;

 

(ii)     inspect any broadcasting apparatus or telecommunication apparatus installed or used in any building, place, ship or aircraft,

 

(iii)    call for and inspect any licence granted in accordance with this Act.

 

(2)     Any person for the time being in charge of any building, place, ship or Aircraft in respect of which any powers are exercised under subsection (1) shall afford all reasonable facilities for entry and inspection under that subsection.

 

(3)     A public officer authorised under subsection (1) shall, if so requested produce his authority to exercise his powers under this section.

 

15.    Where the national interest so requires, the Minister or any public officer authorised in writing by the Minister in that behalf, may order in writing that any message or any class of messages brought for transmission by telecommunication shall not be transmitted by telecommunication service.

 

16.    Where any matter (including an advertisement) intended for broadcasting is, in the opinion of the Minister, of an objectionable nature, the Minister may by order in writing prohibit the broadcasting of the matter unless suitably amended in the manner specified by the Minister in the order, so as to remove the objectionable nature of the matter.

 

17.    A licensee shall not transmit by broadcasting-

 

(i)           any work or part of a work in which copyright subsists except with the written consent of the owner of the copyright;

 

(ii)     any news or information of any kind published in a newspaper or obtained, collected, collated or co-ordinated by a newspaper, association of newspapers, news agency or news service, except in accordance with an agreement between the licensee and the newspaper, association of newspapers, news agency or news service.

 

18.    (1)     A licensee or any person authorised by him in writing may, for the purposes of establishing a broadcasting service or telecommunication service, as the case may be -

 

(i)           enter upon any property at any reasonable time for the purposes of such service including any preliminary survey in relation to such service;

 

(ii)         subject to any Permission required under the Town and Country Planning Act or to any other law regulating the control and development of land, erect or place any broadcasting apparatus or telecommunication apparatus or posts, or construct works upon, over, under, across or along any street, road, land, building or other property and maintain, after or remove any­thing so erected, placed or constructed;

 

(iii)       subject to any permission required un der the Breadfruit and Other Trees (Protection) Act or any other law regulating the felling of trees, cut or remove any tree or branch thereof which is in contact with any apparatus, post or works erected, plated or constructed under paragraph (ii).

 

(2)     A licensee shall not acquire under subsection (1) any 'right other than that of user only of the soil of any street, road, land, building or other property for the purposes of that subsection.

 

19.    (1)     In exercise of the powers under section 18, a licensee or the person authorised by him in writing shall do as little damage as may be reasonable in the circumstances.

 

(2)     The licensee shall make full compensation to all persons for any actual damage sustained by them by reason, or in consequence, of the exercise of the powers under section 18.

 

(3)     Any disputes concerning the amount and application of compensation under subsection (2) shall be determined by the Minister whose determination on the matter shall be final.

 

20.    (1)     Where in the opinion of a licensee any tree which has been planted or is growing is situate so close to any apparatus pole or works erected, placed or constructed under section 18 as is likely to touch, damage or fall upon such apparatus, pole or works, the licensee may, in writing, request the owner, lessee or occupier of the land on which the tree has been planted or is growing to cut or remove the tree or cut any of its branches to such height from the ground or, at such distance from the apparatus, pole or works, within such time as may be specified in the request after receiving any permission required under the Breadfruit and Other Trees (Protection) Act or any other law regulating felling of trees.

 

(2)     Where a request made under subsection (1) is not complied with within the time specified in the request or where delay in making a request under subsection (1) may imperil the safety of any apparatus, pole or works, the licensee or the person authorised by him in writing may cut or remove the tree or cut the branches of the tree in respect of which the request is, or could have been, made after receiving any permission required under the Breadfruit and Other Trees (Protection) Act or any other Act regulating the fellingoftrees.

 

(3)     The provisions of section 18 shall apply to or in respect of any tree cut or removed or branch cut under this section as if it were a tree or branch cut or removed under section 18.

 

PART IV-OFFENCES

 

21.    (1)     Any person who contravenes section 3, 4, 5 or 6 shall be prosecuted under the Licences Act for a contravention of section 16(l) of that Act and shall be liable to the punishments provided for such contravention under that Act.

 

(2)     The court before which any person is convicted for a contravention of section 3, 4, 5 or 6 in accordance with subsection (1) of this section may order that any broadcasting, telecommunication or other apparatus with which or in respect of which the prosecution was instituted shall be forfeited.

 

(3)     Any apparatus forfeited under subsection (2) shall be disposed of in such manner as the Minister may direct.

 

22.    Any person who dishonestly obtains, or helps another person to so obtain telecommunication services with intent to avoid payment of any charge applicable for the provision of such service is guilty of an offence and shall be liable on conviction to a fine of R2000 and to imprisonment for 2 years.

 

23.    Any person who prevent, hinders or obstruct any person in the functions under this Act is guilty of an offence and shall be liable on conviction to a fine of R1000 mind to imprisonment for 1 year.

 

24.    Any person who fails or refuses to comply with any order given under section 15, 16, 32, 33 or 36 is guilty of an offence and shall be liable on conviction to a fine of R 1000 and to imprison­ment for 1 year and to a further fine of R 100 for each day he continues to commit the offence after conviction.

 

25.    Any person who wilfully destroys or damages any broadcasting apparatus or telecommunication apparatus is guilty of an offence and shall be liable on conviction to a fine of R2000 and to imprisonment for 2 years.

 

26     Any person who wilfully and unlawfully interferes with any broadcasting service, broadcasting transmission facility, telecommunication service, telecommunication facility, or radio communication network is guilty of an offence and shall be liable to a fine of R2000 and to imprisonment for 2 years.

 

27.    For the purpose of proceedings under or in accordance this Act for any offence committed on board a ship or aircraft the master or captain or the person appearing to be in command or charge of the ship or aircraft is presumed to be responsible for the act or omission constituting the offence.

 

PART V - MISCELLANEOUS

 

28.    (1)     There shall be a fund which shall be called the Telecommunication Universal Service Fund (in this Act referred to as "the communication Universal Service

 

(2)     The Minister shall be responsible for the administration of the Fund.

 

(3)     Every holder of a telecommunication service licence shall pay a contribution to the Fund at such rate and at such times as may be prescribed.

 

(4)     The Minister may, from time to time, pay out of the Fund to any holder of a telecommunication service licence such sum of money as the Minister may deem fit and necessary for the purpose of assisting such holder to extend the service or any part of it to areas and communities which are in need of the service.

 

(5)     The accounts of the Fund shall be audited annually by the Auditor General.

 

29.    Every person who -

 

(a)          provides a broadcasting service or a telecommunication service

 

(b)     operates a transmission facility ora telecommunication facility;

 

(c)     supplies terminal equipment or radio equipment,

 

(d)     undertakes the maintenance or repair of broadcasting or telecommunication equipment,

 

shall, in doing so, ensure that consumers and users of the service system or equipment do not suffer injury or damage.

 

30.    (1)     A person who desires to connect his telecommunication network, system or equipment to the network, system or equipment as the case may be, of another person, shall seek the consent of that other person to so connect the first mentioned person's network, system or equipment.

 

(2)     Subject to section 32, a person whose consent is sought under subsection (1), may withhold such consent if the proposed interconnection would materially restrict his ability to exploit the network capacity at his disposal in his own operations.

 

(3)     A person who has obtained the consent referred to in subsection (1) may, thereafter seek the approval of the Minister for the proposed interconnection.

 

(4)     An interconnection referred to in this section may be -made only in accordance with the preceding provisions of this section.

 

(5)     Subject to section 32, the charges in respect of the interconnection and the use of the connected network shall be agreed upon by the persons concerned and shall be fair and reasonable having regard to the serv ice provided by one person and the addi­tional cost accruing to the other person as a result of the interconnection.

 

31.    (1)     Subject to subsection (2), a person who provides a telecommunication service shall, upon the written request of another such person permit the collocation of that other person’s equipment within the first mentioned person's facilities.

 

(2)     Notwithstanding the provisions Of Subsection (1) if a person satisfies the Minister that, due to technical reasons or limitations of space, he is unable to comply with the requirements of subsection (1). he may be exempted from those requirements by the Minister.

 

(3)     Subject to section 32, the rental in respect of facilities for the collocation of equipment shall be fixed by agreement between the persons concerned.

 

32.    (1)     Any question as to -

 

(a)          whether a person is entitled to withhold his consent under section 30(2);

 

(b)         whether a person is refusing to agree to fair and reasonable charges or rental under section 31(3) and whether such charges or rental should be imposed by the Minister,

 

shall be determined by the Minister upon the request of any person concerned or otherwise, and the Minister shall make an order accordingly.

 

(2)     Any order made by the Minister under subsection (1) shall be communicated to the relevant persons and they shall comply with the order.

 

33.    (1)     Telecommunication services shall, as far as practicable, be provided in accordance with the principle of free and fair competition.

 

(2)     Any of the following practices shall be a contravention of subsection (I) -

 

(a)          collusion between persons who are potential operators of telecommunication services in applying for, or exploiting, a licence for such service;

 

(b)     restraining access by any operator or user of a telecommunication service in applying for, or exploiting, a licence for such service;

 

(c)     charging tariffs which are not in accordance with the applicable tariff structure; or -

 

(d)     the use of a dominant position in the market to restrict, prevent or deter the entry of another person into the market, or to oust a person from the market.

 

(3)     Where the Minister is satisfied that a person is engaged in a practice in contravention of subsection(1), he may in writing, order such person to do, or refrain from doing any act within such time as may be specified in the order.

 

34.    Every person who operates a telecommunication service shall furnish directory information in respect of its subscribers to the Minister, or to such other person, and in such manner as the Minister may direct.

 

35.    Every person providing a telecommunication service has the duty -

 

(a)          to refrain from installing network features' functions or capabilities that are not in accordance with international standards applied in Seychelles;

 

(b)     to provide on rates, terms and conditions that are reasonable and non-discriminatory, and to the extent that is technically feasible, number portability as required by the Minister,

 

(c)     to provide dialing parity to others providing telecom-munication services on rates, terms and conditions that are reasonable and nondiscriminatory.

 

(d)     to permit others providing telecommunication services to have access to telephone numbers, operators' services, directory assistance and directory listing without being subjected to unreasonable dialing delays and on rates, terms and conditions that are reasonable and non-discrimination;

 

(e)     to afford access to towers, poles, ducts, conduits and such person's right-of-way to his competitors on rates, terms and conditions that are reasonable and nondiscriminatory.

 

36.    (1)     The Minister may, at a time of emergency, order any person providing a broadcasting service or a telecommunication service to give, priority to the transmission of such messages and information as may be specified in the order.

 

(2)     It shall be the duty of any person who receives an order under subsection (1) to comply with the order..

 

37.    The Minister shall -

 

(a)          establish and maintain a national radio frequency plan designed to secure the rational use of the radio frequency spectrum in Seychelles;

 

(b)         ensure that the needs of all radio communication licensees are met;

 

(c)          ensure the monitoring of radio frequency occupancy;

 

(d)         allocate radio frequencies in such manner that harmful interference is avoided particularly in respect of essential services.

 

38.    (1)     The Minister may make regulations for carrying into effect the purposes and provisions of this Act.

 

(2)     Without prejudice to the generality of subsection (1), the regulations may provide for -

 

(a)          charges levied from the public or any person for the use of any broadcasting service, telecommunication service, radio communication network, any broadcasting installation, broadcasting apparatus, telecommunication installation or telecommunication apparatus;

 

(b)     control and regulation of broadcasting apparatus or telecommunication apparatus installed or used on any ship or aircraft, including a ship or aircraft not registered in Seychelles whilst it is within the jurisdiction of Seychelles, so as to prevent interference and interruption of naval signalling or other transmissions made from such apparatus installed or used on land;

 

(c)     control or regulation or broadcasting services or telecommunication services and other licensed activities where it is necessary in the interest of public security;

 

(d)     specification, manner of installing and use of broadcasting apparatus and telecommunication apparatus;

 

(e)          erection and placement of broadcasting apparatus and telecommunication apparatus and construction of works under this Act in so far as they affect land, buildings and other property, including their maintenance, alteration and removal,

 

(f)          purchase and taking over by the Government -of any broadcasting serv ice or telecommunication service where it is considered necessary in the national interest;

 

(g)          taking over or requisitioning of any telecommunication installation where it is considered necessary for the preservation of public security or in the national interest;

 

(h)         control and orderly use of radio frequency bands, in accordance with international regulations;

 

(i)           conditions and tariffs relating to allocation of radio frequencies to licensees;

 

(j)           prevention of misuse of broadcasting services or telecommunication services;

 

(k)         reduction of transmitting power so as to prevent interference or interruption of other transmission,

 

(l)           limiting the liability of licensees for wilful failure to render services underthe licence and for indemnifying the Government against all claims which may be made in respect of injury arising from any act permitted by the licence;

 

 

(m)       determination of full compensation payable by licensees under this Act;

 

(n)         prevention of sale by the licensee of any prescribed equipment without the consent of the Minister;

 

(o)         an other purposes connected with the proper working of broadcasting services or telecommunication services or installation or use of broadcasting apparatus, beacons or lights and the Protection of the public or other property affected thereby;

 

(p)         proper management of the Fund established by section 28;

 

(q)         ensuring that the international law obligations of the Republic in respect of broadcasting and telecommunication are carried out;

 

(r)     offences and penalties not exceeding R2000 by way of fine and 1 year by way of imprisonment in respect of those offences

 

39.    For avoidance of doubt it is hereby declared that this Act shall apply to and in relation to every ship or aircraft registered in Seychelles and to and in relation to every other ship or aircraft registered elsewhere whilst it is within the jurisdiction of Seychelles.

 

40.    (1)     The Broadcasting and Telecommunication Act (Cap 19) is hereby repealed.

 

(2)     Notwithstanding the repeal of the Broadcasting and Telecommunication Act (Cap 19) by subsection (1), all statutory instruments made and all licences issued under that Act remain in force

 

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LAWS OF SEYCHELLES

 

BROADCASTING AND TELECOMMUNICATION ACT

 

SI. 49 of 1990

CHAPTER 19

SUBSIDIARY LEGISLATION

SECTION 24

BROADCASTING AND TELECOMMUNICATION (CONTROL AND REGULATION OF FACSIMILE MACHINES) REGULATIONS

[1st October, 1990]

 

ARRANGEMENT OF REGULATIONS

1.      Citation

2.      Disconnection of facsimile machines in certain circumstances

3.      Review of direction

4.      Refund of rental

5.      Offence

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1.      These Regulations may be cited as the Broadcasting and Telecommunication (Control and Regulation of Facsimile Machines) Regulations.

2.      (1)     Where the Minister is satisfied that a facsimile machine installed in a premises by a licensee under the Act is used for the reception or transmission of messages prejudicial to the preservation of public security or to undermine the authority of, or public confidence in, the Government of Seychelles, the Minister may, for the preservation of public security, direct in writing the licensee to disconnect such machine, after giving the subscriber of such machine not less than 24 hours notice of such direction, on a date specified in the direction.

(2)     Where a facsimile machine in a premises is disconnected by a licensee pursuant to a direction under subregulation (1), the licensee shall not instal or reconnect a facsimile machine in such premises or, in the name of the subscriber of the machine, in any other premises without the written permission of the Minister.

3.      (1)     A person aggrieved by a direction of the Minister under regulation 2 may apply to the Minister within 5 days of the disconnection of the facsimile machine referred to in that direction for a review of his direction.

(2)     The Minister may, after considering any representation made by the applicant under subregulation (1), confirm or revoke his direction.

(3)     Where the Minister revokes his direction under subregulation (2), he shall forthwith inform the licensee and the licensee shall reconnect the facsimile machine if the subscriber of the machine so desires.

4.      Where a facsimile machine is disconnected pursuant to regulation 2, the subscriber of that machine shall be entitled to a refund of the rental, if any, after deducting the rental for the period in which the machine was in use.

5.      A licensee who fails to comply with a direction given under regulation 2(1) or contravenes regulation 2(2) is guilty of an offence and liable on conviction to a fine of R.2000 and to imprisonment for one year.

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SI. 65 of 1973

 

*THE TELECOMMUNICATIONS (SHIPS' RADIO) REGULATIONS

[13th September, 1973]

 

ARRANGEMENT OF REGULATIONS

1.      Citation.

2.      Interpretation.

3.      Telecommunication installation on ships in harbour not to be used.

4.      Powers of enforcement.

5.      Offences and penalty.

-----------------------

1.      These regulations may be cited as the Telecommunications (Ships' Radio) Regulations.

2.      In these regulations words and expressions used shall have the same meanings as are assigned to them in the Act.

**3.  Except as may be generally or specially authorized by a licence [granted by the Minister] and in strict compliance therewith, telecommunication installations on board ships shall not be worked whilst such ships are within any harbour or bay of Seychelles, or within the territorial waters thereof.

4.      For the proper enforcement of regulation 3 an officer appointed under the provisions of section 17 of the Act may take or cause to be taken all or any of the following steps -

(a)     disconnect the aerial wires from any telecommunication apparatus in such a manner as to show they are properly disconnected;

(b)     take down the aerial wires and disconnect the same from the telecommunication apparatus in the manner stated in paragraph (a);

(c)     seal off the telecommunication cabin on board the ship.

5.      (1)     No person shall contravene or fail to comply with the conditions of a licence granted under regulation 3 or contravene the pro- visions of such regulation, and no person shall, without the authority of an officer appointed under **section 17 of the Act, connect or put up aerial wires which have been disconnected or taken down under regulation 4(a) or 4(b) or break the seal on or open a cabin which has been sealed off under regulation 4(c).

(2)     Any person who contravenes the provisions of subregulation (1) of this regulation shall be guilty of an offence and liable to imprisonment for one year or to a fine of Rs. 1,000 or to both such imprisonment and fine.

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Note

*These Regulations made under the Telecommunication Act, 1973 are continued in force under the Broadcasting and Telecommunication Act (Cap 19)

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SI. 21 of 1994

BROADCASTING AND TELECOMMUNICATION (SOUND BROADCASTING SERVICES) REGULATIONS

[14th February, 1994]

 

1.      These Regulations may be cited as the Broadcasting and Telecommunication (Sound Broadcasting Services) Regulations.

2.      In these Regulations -

"advertisement" means a separate programme intended to promote the products and services of an enterprise;

"amplitude modulation" means variation of the amplitude of a carrier wave in proportion to the amplitude of the signal to be transmitted;

"Authority" means the Licensing Authority established by section 3 of the Licences Act;

"CCIR" means the International Radio Consultative Committee of the International Telecommunication Union;

"MF" means frequencies included in the range from 300 to 3000 kHz;

"Minister" means the Minister responsible for Broad- casting;

"sound broadcasting service" means a radio communication service in which transmission of the sound signs or signals are intended for direct reception by the general public;

"sponsorship" means any financial or other contribution of an enterprise, not involved in a broadcasting activity or in the production of programmes, to a broadcasting programme in order to promote the name, activities or products of the enterprise;

"VHF" means frequencies included on the range from 30 to 300 MHZ.

3.      (1)     An applicant for a broadcasting licence to establish a sound broadcasting service shall, in the application made to the Authority under section 2 of the Licences (Broadcasting and Telecommunication) Regulations, state the following additional particulars -

(i)      the place at which the sound broadcasting service is to be established and operated;

(ii)     the technical characteristics of the equipment specified in subregulation (2);

(iii)    where the applicant is a body corporate, the names of its directors or of the members of the board of management, as the case may be;

(iv)    the interests of the applicant in other broadcast- ing and media services;

(v)     expertise and experience of the applicant;

(vi)    such particulars in relation to the staff and the means and capacity of the applicant to operate the services, as the Authority may require.

(2)     The technical characteristics referred to in subregulation (1)(ii) are as follows -

(a)     for an MF Sound broadcasting station -

(i)      Desired frequency;

(ii)     Longitude/latitude;

(iii)    Date;

(iv)    Call sign;

(v)     Name of transmitting station and of the network for identification pur- poses;

(vi)    Designation of emission;

(vii)   Type of power;

(viii)  Power to antenna in dBW;

(ix)    Effective monopole-radiated power (for low-power channels);

(x)     Regular hours of operation;

(xi)    Type of antenna;

(xii)   Type of pattern;

(xiii)  Electrical height of antenna;

(xiv)  Azimuth of maximum radiation;

(xv)   Sector-maximum radiation within sector;

(xvi)  Ground conductivity;

(xvii)Antenna gain diagrams in horizontal and vertical plane;

(xviii) Description of antenna;

(b)     for a VHF sound broadcasting station -

(i)      Description frequency;

(ii)     Name of transmitting station and of the net work for identification purposes;

(iii)    Longitude/Latitude;

(iv)    Date

(v)     Altitude of site above sea level;

(vi)    Class of emission and necessary bandwidth;

(vii)   Type of power;

(viii)  Effective radiated power at different azimuths (horizontal/vertical component);

(ix)    Total effective radiated power;

(x)     Regular hours of operation

(xi)    Antenna directivity

(xii)   Polarization;

(xiii)  Height of antenna above ground level;

(xiv)  Maximum effective antenna height

(xv)   Effective antenna height at different azimuths;

(xvi)  Sectors or directions of restricted effective radiated power;

(c)     name of the manufacturer of the equipment;

(d)     description of the transmitting antenna and the radiation characteristics according to CCIR Recommendation 370 and Report 401;

(e)     description of the building in which the equipment is to be installed and of the electrical power connection;

(f)     service area according to CCIR Recommendation 598, in the case of a MF sound broadcasting station, and CCIR Recommendations 412 and 450, in case of a VHF sound broadcasting station, to be plotted on a geographic map of suitable scale;

(g)     block diagram of the structure of the equipment.

(3)     The applicant shall annex to the application a certificate from the manufacturer of the equipment referred to in subregulation (2)(c) stating the equipment conformity with the relevant CCIR Recommendations.

4.      (1)     In granting a licence for the purposes of these Regulations the Authority shall have regard to -

(a)     the orderly development of sound broadcasting services;

(b)     the spectrum available for broadcasting frequency bands;

(c)     the character of the applicant and where the applicant is a body corporate, the character of its directors or members of the board of management, as the case may be;

(d)     the adequacy of expertise, and experience available to the applicant and the means and capacity of the applicant to operate a sound broadcasting service;

(e)     generality, range and type of programmes proposed to be provided by the applicant including those in national languages and those pertaining to Seychellois culture;

(f)     the technological and radio frequency plans of the applicant;

(g)     new opportunities provided by the applicant for Seychellois talent in music, drama, entertainment and other areas of artistic endeavour;

(h)     desirability of allowing control or to have a substantial interest in an undue amount of communications media in Seychelles.

(2)     Where the service area specified in an application is wholly within Seychelles, a licence shall only be granted to a citizen of Seychelles or to a body corporate incorporated or established by or under the laws of Seychelles.

(3)     A licence granted pursuant to these Regulations shall include all key parameters specified in regulation 3(2).

5.      (1)     The equipment of a sound broadcasting service shall -

(a)     in the case of a MF sound broadcasting station, conform to the specifications in CCIR Recommendation 639 and Reports 458 and 1063;

(b)     in the case of VHF sound broadcasting station, conform to the specifications in CCIR Recommendation 412 and 450 and Report 1065;

and in addition -

(c)     in the case of stereophonic sound, conform to specifications in CCIR Recommendation 467 and Report 300;

(d)     in the case of data systems, conform to the specifications in CCIR Recommendation 643.

(2)     The maximum width of RF Channels shall, in any case, be 20 kHz for amplitude modulation, double side band and full carrier transmitters.

(3)     The maximum frequency deviation for frequency modulation transmitter shall be +75 kHz and the pre-emphasis shall correspond to a circuit having a time constant of 50 microseconds.

(4)     A uniform channel spacing 100 kHz shall apply to both monophonic and stereophonic transmissions.

(5)     The level of unwanted emmissions shall comply with article 5 of the International Telecommunication Union Radio Regulation and with CCIR Recommendation 329.

(6)     The frequency stability shall be better than +200 Hz/Year.

(7)     The frequency response shall be 0.5 dB between 40 Hz and 100 kHz.

(8)     The stereophonic cross-talk shall be greater than 50 dB in the band 100 Hz to 10 kHz.

(9)     The signal to noise ratio shall be greater than 70 dB unweighted.

(10)   The CCIR Reports 946 and 1064 shall apply in respect of frequency planning constraints.

(11)   The equipment shall not cause interference to other authorised telecommunication equipment and such interference shall be ascertained in accordance with CCIR Recommendation 559 and 560, in the case of a MF sound broadcasting station, and CCIR Recommendation 641, in the case of a VHF sound broadcasting station.

(12)   The holder of a broadcasting licence to establish a sound broadcasting service shall, at his expense, eliminate any possible interference by equipment used by the holder.

6.      (1)     The holder of a broadcasting licence to establish a sound broadcasting service shall ensure that -

(a)     any broadcast of news by the holder of the licence is presented in an objective and impartial manner without any expression of views by the holder;

(b)     any broadcast of current affairs, including matters which are either of public controversy or subject of public debate, is fair to all interests concerned and the matter is presented in an objective and impartial manner;

(c)     a minimum of such percentage of broadcasting time, as may be determined by the Minister, is devoted to the broadcasting of news and current affairs;

(d)     anything which may be reasonably regarded as offending against good taste or decency or as being likely to incite or promote crime or tending to undermine the authority of the State is not broadcast by the holder of the licence;

(e)     programmes broadcast or the means employed to make such programmes do not unreasonably encroach upon the privacy of individuals;

(f)     a rectification of any untrue information transmitted in a programme is, if requested by any person affected by it, made, within 48 hours of the request, at the same time of the day as the programme which contained the untrue information;

(g)     due and adequate consideration is given to complaints, which are not of a frivolous or vexatious nature, made by any person in respect of the broadcasting service provided by the holder of the licence and due and proper records of such complaints and of any action taken thereon are kept and, if required to do so by the Minister, be made available for inspection by the Minister;

(h)     programmes broadcast have respect for human personality, individual privacy, human rights, ideals of democracy, good taste and decency and maintain a high standard of national languages;

(i)      the standards and practices laid down by the Minister in respect of advertisements, sponsor- ship of advertisement or programmes based on sports or other events are complied with;

(j)      broadcast of advertisements do not exceed such percentage of daily broadcasting time as may be determined by the Minister or do not exceed 7 minutes in any hour;

(k)     not less than 15% of the weekly programmes are dedicated to local information or to non commercial programmes concerning Seychelles.

(2)     A holder of a broadcasting licence to establish a sound broadcasting service granted under the Licences (Broadcasting Telecommunication) Regulations who fails to comply with subregulation (1) of these Regulations shall be deemed to have failed to comply with the terms and conditions of the licence.

7.      The Minister may delegate, subject to such conditions and restrictions as he may determine, to any public officer any of his functions under these Regulations.

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SI. 40 of 2005

Section 38

Broadcasting and Telecommunication (VOIP Services) Regulations

[19th August, 2005]

 

1.            These Regulations may be cited as the (VOID Services) Regulations.

2.            In these Regulations:

“Directory Information” means information obtained by a licence in the course of the provision of services concerning or relating to the name, address, and telephone numbers of each of its customers.

“IP” means the Internet Protocol, which is the dominant network layer protocol used with TCP/IP protocol suite;

“Packet Switched Network” means a type of network where the routing and transfer of data is by means of addressed packets;

“Public Internet” means the global, public IP-based meta-network created by the interconnection of many public and private IP-based networks (most commonly referred to as the Internet);

“Quality of Service (QQS)” means the indicator of performance if a network and of the degree to which the network conforms to the stipulated norms;

“Voice Over IP (VOIP)” means the transmission voice, fax and related services, partially or wholly over packet switched networks, which comprises of the Public Internet and managed IP-based networks subject to considerations and also referred to as IP telephony.

3.            Any person seeking to deploy or operate any form of telecommunication network, system or facility for the purpose providing VOIP services to the public shall require a licence per Section 3 of the Broadcasting and Telecommunication Act expressly allowing for the provision of such service.

4.            A holder of a telecommunication licence to provide VOIP services shall not provide mobile VOIP services or any other services unless authorised to do so by the Minister.

5.            An applicant for a telecommunication licence to establish a VOIP service shall in the application made to the Licensing Authority under the Licences Act state the following additional particulars-

(a)          Numbering requirement, if any;

(b)         Indicate the method of interconnection with other licensees;

(c)          Detailed network diagram and location of each component of the telecommunication system.

6.            A holder of a telecommunication licence to provide VOIP services shall-

(a)          When making any promotion marketing or advertisement of such services to the public, provide up-to-date information about such services including the description and pricing of the services available, capabilities and limitations of the services and any other commercial and technical details it deems necessary.

(b)         Comply with the relevant standards, specifications or recommendations of the International Telecommunication Union or any other international standard for the provision of VOIP services, technical interfaces or network functions; and

(c)          Contribute towards the telecommunication Universal Service Fund at such rate and at such Intervals as may be prescribed by the Minister, as provided for in Section 28(3) of the Broadcasting and Telecommunication Act.

7.            A holder of a telecommunication licence to provide VOIP services may-

(a)          Provide a public emergency call service by way of which any member of the public can, at any time and without incurring any change, by means of compatible apparatus connected to the network, contact the nationally designated number presently 999 for emergency services and any such other numbers as may be directed by the Minister, to report an emergency;

(b)         Establish, maintain and operate, or arrange for the establishment, maintenance or operation of a telecommunication service whereby customers, upon request, are provided with directory information and the operator assisted services;

(c)          Annually publish or cause to publish directory information in a printed form or such other form approved by the Minister, relating to all its customers, other than its customers who have requested that their details not be included in a published directory, to be made available free of charge to all the customers of the licensee; and

(d)         Make available to its customers backup power supply or inline powering in such manner as may be specified by the Minister to maintain continuity of the service without any deterioration in QOS during interruption of mains power supply on the customer’s premises. To the network, or to any system or equipment delivering the service to the customer.

8.            Notwithstanding the provisions of Regulation 7 if the licensee decides not to provide any one of the facilities listed in Regulation 7, the licensee, shall in all its promotion, marketing or advertisement concerning its VOIP services state that such facility is not provided for in respect of its services.

9.            Further to Regulation 8, in respect to backup power supply or inline powering the Licensee shall also inform its customers, through all its promotion, marketing or advertisement of its services, about the impact of power failures on their services and how it compares to the operation of traditional telephone services in instances where there is a power failure.

10.        A holder of a telecommunication licence to provide VOIP services shall enter into a written contract, for the provision of its services with ach and every one of its customers and such contract shall contain the information specified in Regulations 8 and 9.

11.        The Minister may delegate, to any public officer subject to such conditions and restrictions as he may determine, any of his functions under these Regulations.

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Section 38

Broadcasting and Telecommunications (Records of Customers of Prepaid Mobile Services by Operators of Public Land Mobile Network) Regulations, 2009

 

SI. 41 of 2009

[30th March 2009]

 

1.      These Regulations may be cited as the Broadcasting and Telecommunications (Records of Customers of Prepaid Mobile Services by Operators of Public Land Mobile Network) Regulations, 2009, and shall come into operation on 1st April, 2009.

2.      In these Regulations —

“customer” means a person who subscribes to a prepaid mobile service with a Service Provider;

“prepaid mobile service” means a mobile telephone service where a customer pays in

advance for that service;

“Public Land Mobile Network” means a network—

(a)     based on technologies which include —

(i)      Global System for Mobile; and

(ii)     Third Generation Networks based on a standard within the IMT-2000 system; and

(b)     established and operated for the purpose of providing telecommunication mobile services to the public;

“Service Provider” means a legal entity licensed under the Licenses Act to provide prepaid telecommunication mobile services to the public.

3.      (1)     A Service Provider shall keep records of customers for a period of three years.

(2)     The records kept by the Service Provider shall contain such customer details as specified in these Regulations to enable the identity of that customer to be reasonably ascertainable.

4.      (1)     An individual upon purchase of —

(a)     a starter pack; or

(b)     a subscriber information module card, for or with the purpose of accessing prepaid mobile service shall provide to the Service Provider, the details specified under Schedule 1 Part 1.

(2)     An individual shall provide to the Service Provider his or her —

(a)     passport;

(b)     National Identity Card; or

(c)     Seychelles driving license,

for the purpose of identification.

(3)     A body corporate or an unincorporated body upon purchase of —

(a)     a starter pack; or

(b)     a subscriber information module card,

for or with the purpose of accessing prepaid mobile service shall provide to the Service Provider , the details specified in Schedule 1 Part 2 and the Service Provider shall retain the document referred to in subregulation 4.

(4)     A body corporate or an unincorporated body shall provide to the Service Provider a document from a duly authorised person of the body corporate or unincorporated body —

(a)     specifying its name and address;

(b)     specifying its business number or registration details;

(c)     allowing for subscription to prepaid mobile service on its behalf.

(5)     A Service Provider shall verify the identity of the customer from the document provided under subregulation (2) and (4) and retain —

(a)     the details specified under Schedule 1; and

(b)     the document referred to in subregulation (4), as a record for that customer.

(6)     A customer shall inform the Service Provider as and when the details change so that the customer record kept by the Service Provider is accurate.

(7)     A Service Provider shall take all the necessary security measures to prevent unauthorized access to or disclosure of the customer record.

(8)     A Service Provider shall make available the customer records for inspection and disclosure on request in accordance with any written law.

5.      A Service Provider shall inform the customers of prepaid mobile service the requirement to disclose details as specified under Schedule 1 on the commencement date of these Regulations.

6.      Subject to Regulation 11, a customer who —

(a)     upon purchase or being in possession of a subscriber information module card or starter pack on or after the commencement date of these Regulations fails to disclose details as specified under Schedule 1;

(b)     intentionally misleads or makes a false statement to the Service Provider upon purchase of the starter pack or subscriber information module card ; or

(c)     fails to inform the Service Provider within forty eight hours of the —

(i)      loss;

(ii)     gift; or

(iii)    sale,

of the subscriber information module card to another person, shall have its provision of mobile prepaid service de-activated by the Service Provider .

7.      Where a mobile prepaid service has been deactivated by the Service Provider, the customer shall not be allowed to effect voice and non-voice call origination, except for emergency calls.

8.      A Service Provider shall take all reasonable steps to ensure that a customer of prepaid mobile service does not use that service for an unlawful purpose.

9.      Notwithstanding any written laws to the contrary, these Regulations shall prevail.

10.    These Regulations shall apply as condition of a Public Land Mobile Network license issued by the Seychelles Licensing Authority to a Service Provider.

11.    (1)     A customer who is in possession of a subscriber information module card or starter pack immediately before the commencement date of these Regulations shall disclose details specified under Schedule 1 within a period of six months after the commencement date of these Regulations.

(2)     A customer who fails to disclose the details specified under Schedule 1 within the time period specified in subregulation (1) shall have the provision of mobile prepaid service de-activated by the Service Provider.

SCHEDULE 1

Part 1

Details to be provided if customer is an individual

1.      Surname of customer.

2.      First name of customer

3.      The national identity number of a customer who is a Seychellois national or resident of Seychelles.

4.      Passport number of a customer who is a nonresident.

5.      Any information that may be required by the Minister.

Part 2

Details to be provided if customer is a body corporate or an unincorporated body

1.      Name and address of customer.

2.      Business number or registration details of customer.

3.      Written authorisation by a duly authorised person of the body corporate or unincorporated body allowing for subscription to prepaid mobile service on its behalf.

4.      Any information that may be required by the Minister.

 

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