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Contents  

Long Title

Part I PRELIMINARY

Part II EXCLUSIVE PRIVILEGE AND LICENSING, ETC., OF TELECOMMUNICATION SYSTEMS

Part III ERECTION, MAINTENANCE AND REPAIR OF TELECOMMUNICATION INSTALLATIONS

Part IV CODES OF PRACTICE, STANDARDS OF PERFORMANCE, DIRECTIONS AND ADVISORY GUIDELINES ON TELECOMMUNICATIONS

Part V TELECOMMUNICATION CABLE DETECTION WORK

Part VA CONTROL OF DESIGNATED TELECOMMUNICATION LICENSEES, DESIGNATED BUSINESS TRUSTS AND DESIGNATED TRUSTS

Part VB SPECIAL ADMINISTRATION ORDER

Part VC ALTERNATIVE DISPUTE RESOLUTION SCHEME

Part VI OFFENCES AND PENALTIES

Part VII INTERNATIONAL OBLIGATIONS AND NATIONAL INTERESTS

Part VIII ENFORCEMENT POWERS AND PROCEDURES

Part IX GENERAL PROVISIONS

Legislative History

Comparative Table

 
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PART VII
INTERNATIONAL OBLIGATIONS AND NATIONAL INTERESTS
Right to conduct international business dealings
53.  For the purposes of the conduct of any international telecommunication service by a public telecommunication licensee, and subject to this Act, the licensee may enter into direct communication, arrangement and agreement with the lawfully constituted telecommunication authority of any country or with any duly authorised international agency or organisation concerned with telecommunication matters —
(a)
for the purpose of providing facilities, fixing rates, arranging terms of payment or accounting;
(b)
for operational, engineering or administrative purposes; or
(c)
for any other purpose necessary for the proper fulfilment of its functions.
Government’s overriding international rights
54.
—(1)  Nothing in section 53 shall be deemed to abrogate the right of the Government at any time to determine its relations with any country or with any international agency or organisation.
(2)  A public telecommunication licensee shall so discharge its responsibilities and conduct its business as to comply with and fulfil all international agreements, conventions or undertakings relating to telecommunication to which Singapore is a party.
Liability for international financial obligations
55.  A public telecommunication licensee shall be fully responsible for meeting all financial obligations arising from the operation of any international telecommunication service and shall settle accounts with other telecommunication authorities.
Contribution by Government
56.  Where the Government considers it necessary that any telecommunication service of an exceptional nature should be provided, and where a public telecommunication licensee considers it uneconomic to provide the service without contribution from the Government, the Government may make such contribution towards the capital outlay necessary to provide any such service as may be estimated by the licensee and agreed to by the Government.
Provision to Government of telecommunication services, etc.
57.
—(1)  The Minister may direct a public telecommunication licensee to undertake and provide such telecommunication services and facilities as may be necessary for aeronautical, maritime, meteorological, governmental, defence or other purposes.
(2)  Upon being so directed by the Minister, the public telecommunication licensee shall so provide the telecommunication services or facilities referred to in subsection (1), and shall be entitled to fair and proper payment therefor.
Directions by Minister
58.
—(1)  The Minister may, after consultation with the Authority or any telecommunication licensee, give to the Authority or licensee, as the case may be, such directions as the Minister thinks fit as to the exercise by the Authority or that licensee of its functions under this Act.
[10/2005 wef 16/02/2005]
(2)  Without prejudice to subsection (1), if it appears to the Minister to be requisite or expedient to do so —
(a)
on the occurrence of any public emergency, in the public interest or in the interests of public security, national defence, or relations with the government of another country; or
(b)
in order —
(i)
to discharge or facilitate the discharge of an obligation binding on the Government by virtue of its being a member of an international organisation or a party to an international agreement;
(ii)
to attain or facilitate the attainment of any other object the attainment of which is in the opinion of the Minister requisite or expedient in view of the Government being a member of an international organisation or a party to an international agreement; or
(iii)
to enable the Government to become a member of an international organisation or a party to an international agreement,
the Minister may, after consultation with the Authority or any telecommunication licensee, give such directions to the Authority or that licensee as are necessary in the circumstances of the case.
[10/2005 wef 16/02/2005]
(3)  Any direction given under subsection (1) or (2) may include —
(a)
provisions for the prohibition or regulation of such use of telecommunications in all cases or of such cases as may be considered necessary;
(b)
provisions for the taking of, the control of or the usage for official purposes of, all or any such telecommunication system and equipment; and
(c)
provisions for the stopping, delaying and censoring of messages and the carrying out of any other purposes which the Minister thinks necessary.
(4)  Nothing in any direction given under subsection (3) shall apply to the use of any telecommunications for the purpose of making or answering signals of distress.
(5)  The Authority and any telecommunication licensee shall give effect to any direction given to it under subsection (1) or (2) notwithstanding any other duty imposed on the Authority or the licensee by or under this Act.
[10/2005 wef 16/02/2005]
(5A)  Any telecommunication licensee who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding the higher of the following amounts:
(i)
10% of the annual turnover of that part of its business in respect of which it is granted the licence, as ascertained from its latest audited accounts; or
(ii)
$1 million; and
(b)
in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction.
[Act 19 of 2011 wef 01/02/2012]
(6)  The Authority and any telecommunication licensee shall not disclose any direction given to that person under subsection (1) or (2) if the Minister notifies that person that the Minister is of the opinion that the disclosure of the directions is against the public interest.
[10/2005 wef 16/02/2005]
(7)  The Minister may —
(a)
pay compensation for any damage caused to a telecommunication licensee by reason of its compliance with the directions of the Minister under subsection (3)(b); or
(b)
make grants to telecommunication licensees for defraying or contributing towards any losses which they may sustain by reason of their compliance with the directions of the Minister under any other provisions of this section.
[10/2005 wef 16/02/2005]
(8)  Any sums required by the Minister for paying compensation or making grants under subsection (7) shall be paid out of the Consolidated Fund.
(9)  If any doubt arises as to the existence of a public emergency or as to whether any act done under this section was in the public interest or in the interests of public security, national defence or relations with the government of another country, a certificate signed by the Minister shall be conclusive evidence of the matters stated therein.