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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 IX
GENERAL PROVISIONS
Reconsideration by Authority and appeal to Minister
69.
—(1)  Any telecommunication licensee aggrieved by —
(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act; or
(b)
anything contained in any code of practice or standard of performance or in any direction of the Authority given under section 21, 22(2), 27, 32D(2), 32DA(2), 32E(1) or 32F(2),
[Act 19 of 2011 wef 01/02/2012]
may, within 14 days of the receipt of the decision or direction of the Authority or the issue or approval of the code of practice or standard of performance, as the case may be —
(i)
make a request to the Authority to reconsider the matter; or
(ii)
appeal to the Minister.
[10/2005 wef 16/02/2005]
(2)  Any person (other than a telecommunication licensee) who is aggrieved by —
(a)
any decision of the Authority under section 5(1), 5A, 5B(1), 8(1), 14, 19(6), (6A) or (7), 23 or 32B; or
(b)
anything contained in any code of practice issued under section 19 or under section 26 read with section 32C or in any direction of the Authority given under section 21, 22(2), 32D(2), 32DA(2), 32E(1) or (2),
may, within 14 days after the receipt of the decision or direction of the Authority or the issue of the code of practice, as the case may be —
(i)
make a request to the Authority to reconsider the matter; or
(ii)
appeal to the Minister.
[Act 19 of 2011 wef 01/02/2012]
(3)  A person shall not make both a reconsideration request to the Authority and an appeal to the Minister in respect of the same decision or direction of the Authority or thing contained in a code of practice or standard of performance.
[10/2005 wef 16/02/2005]
[Act 19 of 2011 wef 01/02/2012]
(4)  Where a reconsideration request and an appeal have been made in contravention of subsection (3), the appeal shall be deemed to be withdrawn.
[10/2005 wef 16/02/2005]
(5)  Where —
(a)
a reconsideration request has been made to the Authority by any person; and
(b)
an appeal in respect of the same decision or direction of the Authority or thing contained in a code of practice or standard of performance is made or has been made to the Minister by any other person,
[Act 19 of 2011 wef 01/02/2012]
the appeal to the Minister shall be deemed to be withdrawn.
[10/2005 wef 16/02/2005]
(6)  The Authority may determine any reconsideration request under this section by confirming, varying or reversing any decision or direction or by amending any code of practice or standard of performance.
[10/2005 wef 16/02/2005]
(7)  Any telecommunication licensee or person referred to in subsection (2), as the case may be, who is aggrieved by any decision of the Authority under subsection (6) may appeal to the Minister within 14 days of the receipt of the decision.
[10/2005 wef 16/02/2005]
(8)  Any person who makes an appeal to the Minister under subsection (1), (2) or (7) shall within the period specified therein —
(a)
state as concisely as possible the circumstances under which the appeal arises, the issues and grounds for the appeal; and
(b)
submit to the Minister all relevant facts, evidence and arguments for or against the appeal, as the case may be.
[10/2005 wef 16/02/2005]
(9)  The Minister may reject any appeal of an appellant who fails to comply with subsection (8) or (10).
[10/2005 wef 16/02/2005]
(10)  Where an appeal has been made to the Minister under subsection (1), (2) or (7), the Minister may require any person to whom subsection (11) applies to provide him with all such information as he may require for the purpose of considering the appeal and making a determination for resolving it.
[10/2005 wef 16/02/2005]
(11)  Subsection (10) shall apply to —
(a)
any party to the appeal; and
(b)
any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters mentioned in that subsection.
[10/2005 wef 16/02/2005]
(12)  Any person required to provide information under subsection (10) must provide it in such manner and within such period as may be specified by the Minister.
[10/2005 wef 16/02/2005]
(13)  The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice or standard of performance.
[10/2005 wef 16/02/2005]
(14)  Any decision of the Minister under subsection (13) shall be final.
[10/2005 wef 16/02/2005]
(15)  Unless otherwise provided, where a reconsideration request or an appeal is made under this section, the decision, direction or other matter which requires reconsideration by the Authority or which is appealed against shall be complied with until the determination of the reconsideration request or the appeal, as the case may be.
[10/2005 wef 16/02/2005]
(16)  The Minister may make regulations in respect of the manner in which an appeal may be made to the Minister under subsection (1), (2) or (7) and the procedure to be adopted in hearing such appeals.
[10/2005 wef 16/02/2005]
Interest on sums unpaid
69A.  If any sum required to be paid by a telecommunication licensee or a person granted a spectrum right under this Act or any code of practice or regulation made thereunder is not paid when it is required to be paid, that licensee or person shall be liable to pay the Authority the prescribed interest on such unpaid sums for the period such sums remain unpaid.
[10/2005 wef 16/02/2005]
Power of Minister to issue written order relating to acquisition of assets, etc., of telecommunication licensee, designated business trust or designated trust
69B.
—(1)  The Minister may issue a written order to any person that acquires the assets or business of, or equity interests in, a telecommunication licensee, designated business trust or designated trust (referred to in this section as the relevant person), that telecommunication licensee, the trustee-manager of that designated business trust or the trustee of that designated trust (as the case may be), or both the relevant person and that telecommunication licensee, trustee-manager or trustee (as the case may be), if the Minister is satisfied that —
(a)
the relevant person is not a fit and proper person; and
(b)
it is not in the national interest to allow the relevant person to continue to own the assets or business of, or to hold the equity interests in, that telecommunication licensee, designated business trust or designated trust (as the case may be).
[Act 19 of 2011 wef 01/02/2012]
(2)  The Minister may, in any written order issued under subsection (1), direct the relevant person, that telecommunication licensee, the trustee-manager of that designated business trust or the trustee of that designated trust (as the case may be), or both the relevant person and that telecommunication licensee, trustee-manager or trustee (as the case may be), to do all or any of the following:
(a)
direct the transfer or disposal of all of the assets, business and equity interests acquired by the relevant person in that telecommunication licensee, designated business trust or designated trust (as the case may be) within such time and subject to such conditions as the Minister considers appropriate;
(b)
restrict the transfer or disposal of the assets, business and equity interests in that telecommunication licensee, designated business trust or designated trust (as the case may be) by the relevant person;
(c)
restrict the exercise of voting power in that telecommunication licensee, designated business trust or designated trust (as the case may be) by the relevant person;
(d)
require that no payment shall be made by that telecommunication licensee, the trustee-manager of that designated business trust or the trustee of that designated trust (as the case may be) of any amount (whether by way of dividends, profits, income or otherwise) in respect of the equity interests acquired by the relevant person;
(e)
restrict the issuance or offer of equity interests (whether by way of rights, bonus or otherwise) by that telecommunication licensee, the trustee-manager of that designated business trust or the trustee of that designated trust (as the case may be) in respect of the equity interests acquired by the relevant person.
[Act 19 of 2011 wef 01/02/2012]
(3)  In the case of any written order made under subsection (2)(a) or (b) relating to the equity interests, until a transfer or disposal is effected in accordance with the written order or until the restriction on the transfer or disposal is removed, as the case may be, notwithstanding the provisions of any written law or anything contained in the memorandum or articles of association, trust deed or other constitution, of that telecommunication licensee, designated business trust or designated trust (as the case may be) —
(a)
no voting rights shall be exercisable in respect of the equity interests unless the Minister expressly permits such rights to be exercised;
(b)
no equity interests of that telecommunication licensee, designated business trust or designated trust (as the case may be) shall be issued or offered (whether by way of rights, bonus or otherwise) in respect of the equity interests unless the Authority expressly permits such issue or offer; and
(c)
except in a liquidation of that telecommunication licensee, designated business trust or designated trust (as the case may be), no payment shall be made by that telecommunication licensee, the trustee-manager of that designated business trust or the trustee of that designated trust (as the case may be) of any amount (whether by way of dividends, profits, income or otherwise) in respect of the equity interests unless the Minister expressly authorises such payment.
[Act 19 of 2011 wef 01/02/2012]
(4)  Before issuing the written order under subsection (1), the Minister shall, unless he decides that it is not practicable or desirable to do so, cause to be given to the relevant person and the telecommunication licensee, designated business trust or designated trust, as the case may be, notice in writing of his intention to issue the written order, specifying the date by which written representations may be made to the Minister with regard to the written order.
[10/2005 wef 16/02/2005]
[Act 19 of 2011 wef 01/02/2012]
(5)  Upon receipt of any written representation, the Minister shall consider it for the purpose of determining whether to issue the written order.
[10/2005 wef 16/02/2005]
(6)  The Minister may vary or revoke any written order issued under this section.
[10/2005 wef 16/02/2005]
(7)  Any person to whom a written order is issued under subsection (1) shall comply with the written order, and the written order shall take effect notwithstanding the provisions of any other written law and anything contained in the memorandum or articles of association, trust deed or other constitution, of the telecommunication licensee, designated business trust or designated trust (as the case may be).
[Act 19 of 2011 wef 01/02/2012]
(8)  Any person who contravenes subsection (7) shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part thereof during which the offence continues after conviction; or
(b)
in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.
[10/2005 wef 16/02/2005]
(9)  In this section —
“designated business trust” and “designated trust” have the same meanings as in section 32A(1);
“equity interest” means —
(a)
in relation to a telecommunication licensee, a voting share in that telecommunication licensee;
(b)
in relation to a designated business trust, a unit in that designated business trust; or
(c)
in relation to a designated trust, any right or interest, whether legal or equitable, in that designated trust which gives the holder of that right or interest voting power in that designated trust.
[Act 19 of 2011 wef 01/02/2012]
Power of Minister to issue separation order
69C.
—(1)  The Minister may issue a written order (referred to in this section as the separation order) to any telecommunication licensee (referred to in this section as the relevant telecommunication licensee), if —
(a)
either of the following applies:
(i)
the relevant telecommunication licensee is licensed to operate a telecommunication system, or any installation or plant used for telecommunications, that is so costly or difficult to replicate that a requirement to do so would create a significant barrier to rapid and successful entry into the market for telecommunication services in Singapore by an efficient competitor of the relevant telecommunication licensee;
(ii)
the relevant telecommunication licensee has the ability to exercise significant market power in any market for telecommunication services in Singapore, and both of the following apply:
(A)
the telecommunication services provided by the relevant telecommunication licensee in that market (referred to in this subsection as the relevant telecommunication services) are required by other telecommunication licensees for the provision of telecommunication services in Singapore on a competitive basis;
(B)
it is so costly or difficult to provide the relevant telecommunication services that a requirement to do so would create a significant barrier to the provision of telecommunication services in Singapore on a competitive basis by an efficient competitor of the relevant telecommunication licensee;
(b)
the Minister is satisfied that the actions that the Authority has taken in the exercise of its powers under this Act have failed, and that any other actions that the Authority may take in the exercise of those powers are likely to fail, to enable an efficient competitor of the relevant telecommunication licensee to achieve —
(i)
where paragraph (a)(i) applies, rapid and successful entry into the market for telecommunication services in Singapore; or
(ii)
where paragraph (a)(ii) applies, the provision of telecommunication services in Singapore on a competitive basis; and
(c)
the Minister is satisfied that it is in the public interest to issue the separation order.
(2)  In deciding whether it is in the public interest to issue the separation order, the Minister shall have regard to whether the issue of the separation order is necessary or desirable for one or more of the following purposes:
(a)
to promote and maintain fair and efficient market conduct and effective competition between persons engaged in commercial activities connected with telecommunication systems and services in Singapore;
(b)
to promote the efficiency and international competitiveness of the telecommunication industry in Singapore;
(c)
to eliminate or reduce barriers to competition arising from the control of any telecommunication system, or the possession of significant market power, by the relevant telecommunication licensee;
(d)
to promote transparency, non-discrimination and equivalence of supply in relation to the provision of telecommunication services in Singapore.
(3)  The separation order may —
(a)
direct the relevant telecommunication licensee to transfer to a separate entity or an independent entity either or both of the following:
(i)
the whole or any part of any business of the relevant telecommunication licensee that is conducted pursuant to a telecommunication licence granted under section 5;
(ii)
the whole or any part of any property of the relevant telecommunication licensee that is used by it to provide any telecommunication services, and any rights, obligations and liabilities relating to that property;
(b)
for the purposes of paragraph (a), direct the relevant telecommunication licensee —
(i)
to establish a separate entity; and
(ii)
to ensure that the separate entity applies for a licence under section 5; and
(c)
contain such other directions as the Minister considers appropriate, including (but not limited to) directions relating to all or any of the following matters:
(i)
the types of transactions, dealings, arrangements and relationships that the relevant telecommunication licensee may engage in, or is prohibited from engaging in, with the separate entity or independent entity;
(ii)
the measures to be implemented to ensure that the relevant telecommunication licensee will not obtain effective control over the independent entity;
(iii)
any future or contingent right or liability of the relevant telecommunication licensee;
(iv)
the conditions of the transfer directed under paragraph (a);
(v)
any incidental, consequential or supplementary matters which, in the Minister’s opinion, are necessary to ensure that the transfer directed under paragraph (a) is effective.
(4)  In determining the directions to be included in the separation order, the Minister shall have regard to whether the directions are proportionate, taking into account —
(a)
the contestability of the relevant market for telecommunication services in Singapore; and
(b)
the effectiveness of the directions in eliminating or minimising any incentive or opportunity for the relevant telecommunication licensee to act in a manner that prevents, restricts or distorts competition in the relevant market for telecommunication services in Singapore.
(5)  A licence granted under section 5 to a separate entity established by a relevant telecommunication licensee may include (without prejudice to the power to impose conditions conferred by that section) conditions requiring the separate entity —
(a)
to operate on a stand-alone basis;
(b)
to deal at arm’s length with the relevant telecommunication licensee or any of its associates;
(c)
to provide to other telecommunication licensees any service on the same terms and conditions (including in relation to price, service levels and time frames), and by means of the same systems and processes (including operational support processes), as it provides to the relevant telecommunication licensee or any of its associates; and
(d)
to do, or to refrain from doing, such things as are specified in the licence, or as are of a description specified in the licence.
(6)  The separation order shall take effect, notwithstanding —
(a)
the provisions of any other written law or any rule of law; and
(b)
the provisions of the memorandum or articles of association, or other constitution, of the relevant telecommunication licensee.
(7)  Notwithstanding any other written law or any rule of law, where the separation order contains a direction under subsection (3)(a), on the date appointed for the transfer of any business or property of the relevant telecommunication licensee to a transferee —
(a)
that business or property shall be transferred to, and shall vest in, the transferee without other or further assurance, act or deed, and the separation order shall have effect according to its tenor and be binding on any person thereby affected;
(b)
every deed, bond, agreement or other arrangement subsisting immediately before that date which relates to that business or property, and to which the relevant telecommunication licensee is a party, shall continue in full force and effect, and shall be enforceable by or against the transferee, from that date, as if the transferee had been named therein or had been a party thereto instead of the relevant telecommunication licensee; and
(c)
any proceedings or cause of action, by or against the relevant telecommunication licensee, pending or existing immediately before that date and relating to that business or property shall, if continued, be enforceable by or against, the transferee from that date.
(8)  Subject to subsection (11), the Minister may award compensation to the relevant telecommunication licensee for any damage caused to it by reason of its compliance with the separation order.
(9)  For the purposes of subsection (8), the Minister shall, within 6 months after the making of the separation order, by notification in the Gazette, establish a scheme for determining the amount of any compensation payable to the relevant telecommunication licensee.
(10)  A scheme established under subsection (9) may provide for —
(a)
the manner in which any compensation or consideration is to be assessed, including methods of calculation, valuation dates and matters to be taken into account or disregarded when making valuations;
(b)
the assessment to be made by an independent valuer appointed by the Minister; and
(c)
the remuneration and expenses of the independent valuer.
(11)  No compensation shall be awarded under subsection (8) if, when issuing the separation order, the Minister was satisfied that the relevant telecommunication licensee had engaged in conduct that prevents, restricts or distorts competition in any market for telecommunication services in Singapore, through —
(a)
its control of the telecommunication system, or the installation or plant used for telecommunications, referred to in subsection (1)(a)(i); or
(b)
the exercise of its market power referred to in subsection (1)(a)(ii).
(12)  Any compensation awarded by the Minister under subsection (8) shall be paid out of the Consolidated Fund.
(13)  Before issuing the separation order, the Minister shall, unless he decides that it is not practicable or desirable to do so, cause to be given to the relevant telecommunication licensee notice in writing of his intention to issue the separation order, specifying the date by which written representations may be made to the Minister with regard to the separation order.
(14)  Upon receipt of any written representation, the Minister shall consider it for the purpose of determining whether to issue the separation order.
(15)  The Minister may at any time vary, suspend or revoke the whole or any part of the separation order.
(16)  The relevant telecommunication licensee and any person affected by the separation order shall comply with the separation order.
(17)  Any person who contravenes subsection (16) shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part thereof during which the offence continues after conviction;
(b)
in the case of an entity which is granted a licence under section 5, 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, 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; or
(c)
in any other case, to a fine not exceeding $1 million and, 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.
(18)  Section 32A(4), (5)(a), (6), (7) and (8) shall apply with the necessary modifications to this section as they apply to Part VA.
(19)  In this section —
“30% controller”, in relation to a telecommunication licensee, means a person who, alone or together with his associates —
(a)
holds 30% or more of the total number of voting shares in the telecommunication licensee; or
(b)
is in a position to control 30% or more of the voting power in the telecommunication licensee;
“broadcasting licensee” has the same meaning as in section 2(1) of the Broadcasting Act (Cap. 28), but does not include a class licensee as defined in section 2(1) of that Act;
“business” includes any business affairs, property, right, obligation or liability;
“effective control”, in relation to a telecommunication licensee or an independent entity, means the ability to cause the telecommunication licensee or independent entity (as the case may be) to take, or to refrain from taking, a major decision regarding the management or operations of the telecommunication licensee or independent entity (as the case may be), and includes such control as may be exercised over the telecommunication licensee or independent entity (as the case may be) by a 30% controller of the telecommunication licensee or independent entity (as the case may be);
“independent entity” means an entity that —
(a)
whether alone or together with its associates, does not have effective control over any telecommunication licensee or broadcasting licensee; and
(b)
is not under the effective control of —
(i)
any telecommunication licensee, whether alone or with its associates; or
(ii)
any broadcasting licensee, whether alone or with its associates; or
(c)
is not under the effective control of any other entity which, whether alone or together with its associates, has effective control over any telecommunication licensee or broadcasting licensee;
“property” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and includes —
(a)
any property, right or power of any description; and
(b)
in relation to a telecommunication licensee, the telecommunication licensee’s telecommunication system and installation or plant used for telecommunications;
“separate entity”, in relation to a telecommunication licensee, means an entity which is a separate legal entity from the telecommunication licensee, and includes any such entity the equity interests of which are wholly owned by the telecommunication licensee;
“significant market power” means the ability to unilaterally restrict output, raise prices, reduce quality or otherwise act, to a significant extent, independently of competitive market forces;
“voting share” has the same meaning as in section 4(1) of the Companies Act (Cap. 50).
[Act 19 of 2011 wef 01/02/2012]
Exclusion of liability of public telecommunication licensees
70.  A public telecommunication licensee shall not be liable in respect of any injury, loss or damage suffered by any person by reason of —
(a)
any failure to provide or delay in providing any telecommunication services or any equipment associated therewith or service ancillary thereto;
(b)
any failure, interruption, suspension or restriction of any telecommunication service or service ancillary thereto or delay of, or fault in, any communication by means of telecommunications;
(c)
any error in, or omission of, any information transmitted through telecommunications; or
(d)
any loss of secrecy in communication arising from the use of any telecommunication service,
which is due to the act or default of another person, or an accident or some other cause beyond the public telecommunication licensee’s control.
Service of documents, etc.
71.
—(1)  Subject to subsection (6), any decision, notice, order or document required or authorised to be given by the Authority, or served by the Authority on any person, under this Act, or under any code of practice or standard of performance, may be served —
(a)
in the case of an individual —
(i)
by delivering the decision, notice, order or document to the individual personally;
(ii)
by leaving the decision, notice, order or document with an adult person apparently resident at the usual or last known address of the place of residence of the individual;
(iii)
by leaving the decision, notice, order or document with an adult person apparently employed at the usual or last known address of the place of business of the individual;
(iv)
by affixing the decision, notice, order or document in a conspicuous place at the usual or last known address of the place of residence or business of the individual;
(v)
by sending the decision, notice, order or document by pre-paid registered post addressed to the individual at the usual or last known address of the place of residence or business of the individual;
(vi)
by sending the decision, notice, order or document by facsimile transmission to the last facsimile transmission number of the individual given to the Authority by the individual; or
(vii)
by sending an electronic communication of the decision, notice, order or document to the last electronic mail address of the individual given to the Authority by the individual;
(b)
in the case of a partnership other than a limited liability partnership —
(i)
by delivering the decision, notice, order or document to any one of the partners or the secretary or other like officer of the partnership;
(ii)
by leaving the decision, notice, order or document at, or by sending the decision, notice, order or document by pre-paid registered post to, the principal or last known place of business of the partnership in Singapore;
(iii)
by sending the decision, notice, order or document by facsimile transmission to the last facsimile transmission number of the partnership given to the Authority by the partnership; or
(iv)
by sending an electronic communication of the decision, notice, order or document to the last electronic mail address of the partnership given to the Authority by the partnership; and
(c)
in the case of a limited liability partnership or any other body corporate —
(i)
by delivering the decision, notice, order or document to the manager of the limited liability partnership or the secretary or other like officer of the body corporate;
(ii)
by leaving the decision, notice, order or document at, or by sending the decision, notice, order or document by pre-paid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore;
(iii)
by sending the decision, notice, order or document by facsimile transmission to the last facsimile transmission number of the limited liability partnership or body corporate given to the Authority by the limited liability partnership or body corporate; or
(iv)
by sending an electronic communication of the decision, notice, order or document to the last electronic mail address of the limited liability partnership or body corporate given to the Authority by the limited liability partnership or body corporate.
(2)  Where any decision, notice, order or other document required or authorised to be given by the Authority, or served by the Authority on any person, under this Act is sent by pre-paid registered post, the decision, notice, order or document shall be deemed to have been duly served on the person to whom it is addressed 2 days after the day it was posted, whether or not it is returned undelivered.
(3)  Where any decision, notice, order or other document required or authorised to be given by the Authority, or served by the Authority on any person, under this Act is sent by facsimile transmission to a facsimile transmission number in accordance with subsection (1), the decision, notice, order or document shall be deemed to have been duly served on the person to whom it is addressed on the day of the transmission, subject to the receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the facsimile machine for that facsimile transmission number.
(4)  Where any decision, notice, order or other document required or authorised to be given by the Authority, or served by the Authority on any person, under this Act is sent by electronic communication to an electronic mail address in accordance with subsection (1), the decision, notice, order or document shall be deemed to have been duly served on the person to whom it is addressed at the time the electronic communication enters the information system for that electronic mail address.
(5)  Service of any decision, notice, order or other document under this Act may be effected on a person by electronic communication only if the person gives as part of his address for service an electronic mail address.
(6)  This section shall not apply to notices and documents to be served in proceedings in court.
[Act 19 of 2011 wef 01/02/2012]
Excluded matters
72.  This Act shall not apply to the licensing of any broadcasting service or any broadcasting apparatus under the Broadcasting Act (Cap. 28) except in respect of the regulation of any telecommunication system required for the operation of any broadcasting service or the approval of any broadcasting apparatus used in accordance with section 9.
[10/2005 wef 16/02/2005]
Exemption by Minister
73.  The Minister may exempt any person or class of persons from all or any of the provisions of this Act.
Regulations
74.
—(1)  The Authority may, with the approval of the Minister, make regulations for any purpose for which regulations are required to be made under this Act and generally for carrying out the purposes and provisions of this Act.
(2)  Without prejudice to the generality of subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:
(a)
the proficiency examinations, including the syllabi and the details thereof, for the certification of competency of individuals operating telecommunication services or for the grant of any licence by the Authority;
(b)
the classes and the conditions for the grant of licences and spectrum rights by the Authority;
(c)
in relation to cable detection work licences —
(i)
the class or classes of licences to be granted, the form and duration of those licences, the terms and conditions upon, and the circumstances in, which those licences may be granted, held, suspended, cancelled, altered, extended, renewed or replaced and the fees payable in respect thereof;
(ii)
the qualifications and other requirements for applicants for such licences, the examination or testing of such applicants, the fees payable in respect of such examination or testing and the circumstances in and conditions on which an applicant may be exempted from such examination or testing; and
(iii)
the duties and responsibilities of licensed cable detection workers;
(d)
the control and regulation of dealing in and use of telecommunication equipment;
(e)
the control and regulation of interference by radiowaves or electrical or other means to telecommunications in Singapore;
(f)
the control and regulation of installation, wiring, cabling and other types of works to be carried out on the telecommunication systems of a telecommunication system licensee;
[10/2005 wef 16/02/2005]
[Act 19 of 2011 wef 01/02/2012]
(g)
the control and regulation of the allocation and use of —
(i)
telephone numbers; and
(ii)
any other numbers used for or in connection with either or both of the following:
(A)
the operation of telecommunication systems;
(B)
the provision of telecommunication services;
[Act 19 of 2011 wef 01/02/2012]
(h)
the prescribing of anything that is required or permitted to be prescribed under this Act.
Savings and transitional provisions
75.
—(1)  Any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved by the TAS in relation to telecommunication matters under the repealed Act shall, so far as it is not inconsistent with the provisions of this Act and except as otherwise expressly provided in this Act or in any other written law, continue and be deemed to have been prepared, made, granted or approved by the Authority under the corresponding provisions of this Act.
(2)  Any subsidiary legislation made under the repealed Act or any other written law relating to telecommunication matters and in force immediately before 1st December 1999 shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act until it is revoked or repealed by subsidiary legislation made under this Act.