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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 IV
CODES OF PRACTICE, STANDARDS OF PERFORMANCE, DIRECTIONS AND ADVISORY GUIDELINES ON TELECOMMUNICATIONS
[Act 19 of 2011 wef 01/02/2012]
Codes of practice and standards of performance on telecommunications
26.
—(1)  The Authority may, from time to time —
(a)
issue one or more codes of practice or standards of performance;
(b)
approve as a code of practice or standard of performance any document prepared by a person other than the Authority, if the Authority considers the document to be suitable for this purpose; or
(c)
review, amend or revoke any code of practice or standard of performance issued under paragraph (a) or approved under paragraph (b),
with respect to all or any of the following:
(i)
the operation of telecommunication systems and equipment;
(ii)
the provision of telecommunication services;
(iii)
the activities and conduct of telecommunication licensees in the provision of telecommunication services;
(iv)
the provision of services relating to the use of, or access to, telecommunication systems;
(v)
the activities and conduct of telecommunication licensees in the provision of services relating to the use of, or access to, telecommunication systems;
(vi)
competition, abuse of a dominant position in the market and fair market conduct in the telecommunication industry in Singapore;
(vii)
the acquisitions or consolidations involving a telecommunication licensee and any other person (whether a telecommunication licensee or otherwise);
(viia)
the collection, use and disclosure by telecommunication licensees of information about subscribers of telecommunication services, without the subscribers’ consent, including information about the subscribers’ personal data, telecommunication subscription and usage;
(viii)
the carrying out of the purposes and provisions of this Act and the due administration thereof.
(2)  A code of practice issued or approved under subsection (1) may, in particular —
(a)
specify the duties and obligations of any person in relation to his business operation in the telecommunication industry; and
(b)
provide for such fees and charges as may be payable to the Authority in relation to any application or request made to the Authority under the code of practice.
(3)  If any provision in any code of practice or standard of performance issued or approved under subsection (1) is inconsistent with any provision of this Act, that provision in that code of practice or standard of performance, to the extent of the inconsistency —
(a)
shall have effect subject to the provisions of this Act; or
(b)
having regard to the provisions of this Act, shall not have effect.
(4)  A code of practice or standard of performance issued or approved under subsection (1) shall not have legislative effect.
(5)  Subject to subsection (6), every telecommunication licensee to whom any code of practice or standard of performance issued or approved under subsection (1) applies shall comply with that code of practice or standard of performance.
(6)  The Authority may, either generally or for such time as the Authority may specify, waive the application, to any telecommunication licensee, of any code of practice or standard of performance issued or approved under subsection (1) or of any part of any such code of practice or standard of performance.
[Act 19 of 2011 wef 01/02/2012]
Directions affecting telecommunication licensees
27.
—(1)  The Authority may give directions to be observed by telecommunication licensees —
(a)
to ensure the reliability of the provision of any telecommunication service to the public;
(b)
to ensure the technical compatibility and safety of operation of any equipment or telecommunication system;
(c)
to ensure fair and efficient market conduct by telecommunication licensees;
(ca)
to ensure the co-ordination and co-operation, on such terms as the Authority may specify, with any other person in the use or sharing of any installation, plant or system, or part thereof owned or used by the telecommunication licensee for the provision of any telecommunication service; or
[10/2005 wef 16/02/2005]
[Act 19 of 2011 wef 01/02/2012]
(d)
in the public interest.
(1A)  The Authority may give directions to be observed by telecommunication licensees —
(a)
to ensure the reliability of the provision of any broadcasting service, the operation of which requires a telecommunication system, to the public;
(b)
to ensure the technical compatibility and safety of operation of any equipment or telecommunication system used for the provision of any broadcasting service;
(c)
to ensure fair and efficient market conduct by telecommunication licensees in relation to the use of telecommunication systems for the provision of broadcasting services;
(d)
to ensure the co-ordination and co-operation, on such terms as the Authority may specify, with any other person in the use or sharing of any installation, plant or system, or part thereof owned or used by the telecommunication licensee for the provision of any broadcasting service; or
(e)
in relation to the provision of any broadcasting service, the operation of which requires a telecommunication system, in the public interest.
[Act 19 of 2011 wef 01/02/2012]
(2)  A direction under subsection (1) or (1A) —
(a)
shall require the telecommunication licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the direction, or as are of a description specified in the direction; and
(b)
shall take effect at such time (being the earliest practicable time) as is determined by or under that direction.
[Act 19 of 2011 wef 01/02/2012]
(2A)  The Authority may at any time vary, suspend or revoke the whole or any part of a direction under subsection (1) or (1A).
[Act 19 of 2011 wef 01/02/2012]
(3)  Before giving a direction to any telecommunication licensee under subsection (1) or (1A) or varying a direction under subsection (2A), the Authority shall, unless the Authority in respect of any particular direction considers that it is not practicable or desirable, give notice —
(a)
stating that the Authority proposes to make or vary the direction and setting out its effect; and
(b)
specifying the time within which representations or objections to the proposed direction or variation may be made,
and shall consider any representations or objections which are duly made.
[Act 19 of 2011 wef 01/02/2012]
[10/2005 wef 16/02/2005]
(4)  [Deleted by Act 10/2005 wef 16/02/2005]
(5)  Every telecommunication licensee shall comply with every direction of the Authority given to the licensee under this section.
Advisory guidelines
28.
—(1)  The Authority may make written advisory guidelines about any aspect of telecommunications.
(2)  Advisory guidelines, for example, may be made about —
(a)
any matter in respect of which codes of practice and standards of performance may be made under section 26;
(b)
the use, construction, design or performance of anything;
(c)
interference with radio-communications; or
(d)
frequency allocation and co-ordination.
(3)  The Authority must —
(a)
give a copy of each advisory guideline it makes to the Minister; and
(b)
publish each advisory guideline in the way it thinks fit.