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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 III
ERECTION, MAINTENANCE AND REPAIR OF TELECOMMUNICATION INSTALLATIONS
Power to enter on and examine land other than State land
12.
—(1)  Whenever it appears to a public telecommunication licensee that it shall or probably shall be necessary to exercise the powers conferred by this Act upon a public telecommunication licensee in respect of any land other than State land for the provision of any telecommunication service or installation of any telecommunication system, that licensee or any person authorised by that licensee in that behalf may, after giving not less than 3 hours’ previous notice to the occupier thereof, if any, enter upon the land and may survey and take levels and do all other necessary acts preparatory to the provision of the service or installation of the system, as the case may be, so far as the same may be possible without causing any damage or disturbance.
[Act 19 of 2011 wef 01/02/2012]
(2)  In the event of any damage or disturbance being caused by reason of the entry, the public telecommunication licensee shall pay compensation to the owner or occupier thereof.
(3)  Nothing in this section shall be deemed to authorise any employee or agent of a public telecommunication licensee to cut down or clear away any vegetation or any fence or other erection or to enter any building or upon any enclosure attached to any building.
Power to enter on State land for purposes of installation or plant
13.
—(1)  For the purpose of providing any telecommunication service or installing any telecommunication system, a public telecommunication licensee or any person authorised by the Authority in that behalf may at any reasonable time —
(a)
enter upon any State land;
(b)
subject to the approval of the Authority and the Singapore Land Authority, erect in or upon the State land such installation or plant used for telecommunications or excavate such trenches as may be necessary or proper for the purpose of providing the service or installing the system, as the case may be; and
[Act 19 of 2011 wef 01/02/2012]
(c)
carry out all necessary works in connection therewith, and may, in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for that purpose.
[10/2005 wef 16/02/2005]
[Act 19 of 2011 wef 01/02/2012]
(2)  Where any such work interferes with improvements, buildings, growing trees or crops, the licensee shall pay compensation for any damage or disturbance.
(3)  Where the land is occupied under a licence for temporary occupation, the compensation shall be paid to the occupant under the licence.
Power to enter on other land or building for purposes of installation or plant
14.
—(1)  Subject to this section, whenever it is necessary to do so for the purposes of providing any telecommunication service or installing any telecommunication system under this Act, a public telecommunication licensee may under, upon or over any land (other than State land) or in any building on any land —
(a)
lay, place or carry on and erect such installation or plant used for telecommunications as may be necessary or proper for such purposes; and
(b)
take such other action as may be necessary to render such installation or plant safe and efficient,
and pay compensation to any person interested for any damage, disturbance or disability that may be caused thereby.
[10/2005 wef 16/02/2005]
[Act 19 of 2011 wef 01/02/2012]
(2)  Any compensation payable under subsection (1) may include an annual payment for land, building or other immovable property used for the purpose of the public telecommunication licensee’s installation or plant.
[10/2005 wef 16/02/2005]
(3)  A public telecommunication licensee shall not acquire any right other than that of user only in respect of any land, building or other property under, over, along, across, in or upon which the licensee places any installation or plant used for telecommunications under this section.
[10/2005 wef 16/02/2005]
(4)  Before entering on any land or building for the purpose specified in subsection (1), a public telecommunication licensee shall give 14 days’ notice stating as fully and accurately as possible the nature and extent of the acts intended to be done.
[10/2005 wef 16/02/2005]
(5)  The notice shall be given to the owner or occupier of the land or building in the manner provided under this Act.
[10/2005 wef 16/02/2005]
(6)  The owner or occupier of the land or building may, within 14 days after receiving the notice mentioned in subsection (4), lodge a written objection with the Authority.
(7)  Where a written objection is lodged by the owner or occupier of the land or building under subsection (6) (called in this section the objector), the Authority must notify the public telecommunication licensee concerned to resolve the dispute with the objector due to the objection.
(8)  On receipt of the Authority’s notice under subsection (7), the public telecommunication licensee must take genuine steps to resolve the dispute with the objector due to the objection.
(8A)  If the public telecommunication licensee fails to resolve the dispute due to the objection, the licensee must inform the Authority in writing and also furnish all relevant information relating to the steps taken by the licensee to resolve the dispute due to the objection.
(8B)  After receipt of the information mentioned in subsection (8A), the Authority must notify the public telecommunication licensee and the objector as to whether the Authority is satisfied that the licensee has taken genuine steps to resolve the dispute due to the objection.
(8C)  The Authority must hold an inquiry (in such manner as the Authority thinks fit) on the objection, giving each party a reasonable opportunity to be heard if —
(a)
the Authority notifies the parties under subsection (8B) that the Authority is satisfied that the licensee has taken genuine steps to resolve the dispute due to the objection; and
(b)
the objection is not withdrawn.
(9)  Upon the conclusion of the inquiry, the Authority may authorise, either unconditionally or subject to such terms, conditions and stipulations as it thinks fit, any of the acts mentioned in the notice given under subsection (4) to be carried out.
[10/2005 wef 16/02/2005]
(10)  The public telecommunication licensee may enter the land or building and do all or any of the acts mentioned in the notice given under subsection (4) —
(a)
where no written objection is lodged within the period mentioned in subsection (6), after the expiry of that period; or
(b)
where a written objection is lodged under subsection (6) —
(i)
after the objection is withdrawn;
(ii)
after the public telecommunication licensee resolves the dispute with the objector due to the objection; or
(iii)
on the Authority’s authorisation under subsection (9) subject to the terms, conditions and stipulations imposed by the Authority under that subsection.
Transfer of installation or plant
14A.
—(1)  Where a public telecommunication licensee (referred to in this section as the transferor licensee), after having laid, placed, carried on or erected any installation or plant used for telecommunications under section 13 or 14, transfers the installation or plant, or any part thereof, to another public telecommunication licensee (referred to in this section as the transferee licensee), all rights conferred and obligations imposed on the transferor licensee under this Act in respect of any land, building or other property under, over, along, across, in or upon which the transferred installation or plant or part thereof has been laid, placed, carried on or erected shall be deemed, on the transfer date, by virtue of this subsection and without further assurance, to have been transferred to the transferee licensee.
(2)  Subsection (1) shall apply to every transfer of installation or plant or part thereof referred to in that subsection which takes place on or after 1st July 2011.
[Act 19 of 2011 wef 01/02/2012]
Savings of wayleave agreements
15.  Nothing in section 14(1) and (6) shall —
(a)
affect the right of a public telecommunication licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of laying, placing, carrying or erecting any installation or plant used for telecommunications on the land;
(b)
affect any such wayleave agreement subsisting immediately before 1st December 1999; or
(c)
affect the right of a public telecommunication licensee to negotiate the use of land or facilities belonging to the State or any other person.
Inspection, maintenance and repair of installation or plant for telecommunications
16.
—(1)  Whenever it is necessary to do so for the purposes of carrying out any functions and duties of the Authority under this Act or any regulations made thereunder, the Authority may enter upon any land or building, or stop or board any vessel, aircraft or vehicle and may carry out all necessary inspections or investigations and do all things necessary for such purpose.
(2)  Whenever it is necessary to do so for the purpose of inspecting, maintaining or repairing a public telecommunication licensee’s installation or plant or for the purpose of carrying out any functions conferred on a public telecommunication licensee under this Act or under any licence granted under section 5, that licensee or any person authorised by that licensee in that behalf may at any reasonable time —
(a)
enter upon any land or building, whether or not such installation or plant has been laid, placed, carried or erected on, under, upon or over the land or building;
(b)
carry out all necessary inspection, maintenance or repair, and may in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for the purpose, causing as little damage as possible,
and pay compensation to any person adversely affected for any damage that may be caused thereby for which compensation has not already been assessed under section 14.
Alteration or relocation of public telecommunication licensee’s installation or plant
17.
—(1)  Where a public telecommunication licensee’s installation or plant has been laid, placed, carried or erected in, on, over, under, upon, along or across any land or building under section 13 or 14, as the case may be, and the owner or occupier of the land or building desires to use the land or building in a manner which renders it necessary or convenient for such installation or plant to be altered, removed, relocated or diverted, the owner or occupier may request the public telecommunication licensee to alter, remove, relocate or divert such installation or plant accordingly.
[10/2005 wef 16/02/2005]
(2)  The public telecommunication licensee shall, at the request of the owner or occupier of the land or building under subsection (1), alter, remove, relocate or divert the installation or plant if it is satisfied that such alteration, removal, relocation or diversion is reasonable and the owner or occupier complies with such reasonable terms and conditions as the licensee may impose.
[10/2005 wef 16/02/2005]
(3)  The terms and conditions a public telecommunication licensee may impose under subsection (2) may include terms and conditions relating to the payment by the owner or occupier of the land or building of all costs and expenses necessary for such alteration, removal, relocation or diversion.
[10/2005 wef 16/02/2005]
Removal of trees dangerous to or obstructing any installation or plant for telecommunications
18.
—(1)  Where, in the opinion of a public telecommunication licensee, there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) near the licensee’s installation or plant may interrupt or interfere with any telecommunication service provided by the licensee or cause damage to such installation or plant, the licensee may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger.
[Act 19 of 2011 wef 01/02/2012]
(2)  A public telecommunication licensee shall, in the exercise of its powers under subsection (1), be subject to the provisions of the Parks and Trees Act (Cap. 216).
(3)  Where a tree, which has been felled or otherwise dealt with under subsection (1), was in existence before the public telecommunication licensee’s installation or plant was placed, erected or installed, the licensee may subject to subsections (4) and (5) pay to any person adversely affected such sum as may be agreed by way of compensation.
(4)  No further compensation shall be paid for the felling or lopping of any tree or the clearing of any vegetation where the action is necessary for the maintenance of a public telecommunication licensee’s installation or plant and the tree and vegetation have grown or been allowed to grow since the payment of compensation under subsection (3).
(5)  No compensation shall be payable by a public telecommunication licensee under subsection (3) in respect of any tree within 20 metres of the centre line of any road constructed or maintained by the Government or by any public authority unless it is proved that the tree was in existence prior to the construction of the road.
(6)  In the event of the owner or occupier of any land felling, lopping or clearing any tree or vegetation adjacent to a public telecommunication licensee’s installation or plant, the owner or occupier shall give the licensee 14 days’ notice in writing of his intention to do so and shall take all such reasonable precautions as the licensee may require for the protection of such installation or plant.
(7)  If any such owner or occupier fails to give notice as provided under subsection (6) or having given notice fails to take any such reasonable precautions as the public telecommunication licensee may have required, he shall be liable to pay the licensee any cost and expense incurred by the licensee for any damage caused to any such installation or plant.
(8)  A certificate purporting to be under the hand of the chief executive of the licensee stating the amount of the cost and expense incurred by the licensee under subsection (7) shall be prima facie evidence of the amount due from the owner or occupier.
(9)  If the amount due for the cost and expense is not paid within 7 days after demand, the amount may be recovered in the same manner as if it were a simple contract debt.
(10)  If any tree is felled or vegetation is cleared upon land adjacent to a public telecommunication licensee’s installation or plant, it shall be presumed until the contrary is proved that the tree was felled or the vegetation was cleared by the owner or occupier of the land or by his employees or agents acting as such.
Provision of space or facility under code of practice
19.
—(1)  The Authority may, from time to time —
(a)
issue one or more codes of practice for or in connection with the provision, maintenance and use of, and access to, space and facilities within or on any land or building for the operation of any installation, plant or system used for telecommunications, and the allocation of costs and expenses incurred for such provision, maintenance, use and access; and
(b)
amend, suspend or revoke the whole or any part of any code of practice issued under paragraph (a).
(2)  A code of practice issued under subsection (1) may, in particular —
(a)
require the developer or owner of any land or building to provide, maintain or give access to, at the developer’s or owner’s expense, such space or facility within or on the land or building, for the installation, operation or maintenance of any installation, plant or system used for all or any of the following purposes:
(i)
the provision of any telecommunication service or radio‑communication service to that land or building;
(ii)
the provision of any telecommunication service or radio‑communication service to any other land or building; 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 issued under subsection (1) is inconsistent with any provision of this Act, that provision in that code of practice, 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 issued under subsection (1) shall not have legislative effect.
(5)  Subject to subsection (6), every developer or owner of any land or building, and every telecommunication licensee, to whom any code of practice issued under subsection (1) applies shall comply, at his expense, with that code of practice.
(6)  The Authority may, either generally or for such time as the Authority may specify, waive the application, to any developer or owner of any land or building or to any telecommunication licensee, of any code of practice issued under subsection (1) or of any part thereof.
(6A)  The Authority may give a written notice to a telecommunication licensee, or a developer, owner or occupier of any land or building, requiring compliance with any code of practice issued under subsection (1).
(6B)  The Authority may at any time vary, suspend or revoke the whole or any part of a written notice given under subsection (6A).
(6C)  To avoid doubt, the Authority may give a written notice under subsection (6A) notwithstanding that such written notice may prejudice the contractual obligations of the telecommunication licensee, or the developer, owner or occupier of any land or building, whether the obligation relates to a contract made before, on or after the commencement of section 9(c) of the Telecommunications (Amendment) Act 2016.
(6D)  No liability shall lie against any party to a contract made before, on or after the commencement of section 9(c) of the Telecommunications (Amendment) Act 2016 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any written notice under subsection (6A).
(6E)  Nothing in subsection (6D) affects the operation of the Frustrated Contracts Act (Cap. 115).
(7)  Where any code of practice issued under subsection (1) applies to a person who is a developer or an owner of any land or building, if the Authority is satisfied that the person is contravening, or has contravened, whether by act or omission, any provision of that code of practice, the Authority may, by notice in writing, issue such written order to the person as the Authority considers necessary for the purpose of securing compliance with that provision.
(8)  An order under subsection (7) —
(a)
shall require the person concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the order, or as are of a description specified in the order; and
(b)
shall take effect at such time (being the earliest practicable time) as is determined by or under that order.
(9)  The Authority may at any time vary, suspend or revoke the whole or any part of an order under subsection (7).
(10)  Any person referred to in subsection (7) who fails to comply with an order under that subsection shall be guilty of an offence.
(11)  Any relevant specifications in force immediately before the appointed day —
(a)
shall be deemed to be a code of practice issued under subsection (1); and
(b)
shall remain in force until revoked or replaced by a code of practice issued under subsection (1).
(12)  In subsection (11) —
“appointed day” means the date of commencement of section 12 of the Telecommunications (Amendment) Act 2011;
“relevant specifications” means any specifications published by the Authority under section 19 in force immediately before the appointed day.
[Act 19 of 2011 wef 01/02/2012]
Provision of facilities for radio-communication
20.
—(1)  Any person who intends to install, erect or construct, within a radius of 200 metres from the site of a telecommunication licensee’s installation or plant used in connection with its radio-communication service, any building more than 30 metres above ground level shall notify the licensee in writing before carrying out any such installation, erection or construction.
(2)  The telecommunication licensee may, after receiving such notification from the person, make arrangements with the person for the licensee to enter upon the building at any reasonable time to provide such accommodation or other facilities in or around the building as may be necessary or proper for any installation or plant used in connection with radio-communication service to be laid, placed, constructed, erected or installed in, on or around the building.
(3)  Where, in the opinion of a telecommunication licensee, a building which is installed, erected or constructed after the licensee’s installation or plant used in connection with its radio-communication service was laid, placed, constructed, erected or installed in or around the building, interrupts or interferes with the licensee’s radio-communication service or system, the licensee may, with the approval of the Authority, at any reasonable time, enter upon the building to provide such accommodation or other facilities in or around the building as may be necessary or proper for such installation or plant to be laid, placed, constructed, erected or installed in, on or around the building for the purposes of eliminating such interruption or interference.
(4)  The telecommunication licensee shall pay compensation to the owner or occupier of any building for any disturbance, disability or damage caused as a result of any act of the licensee under subsection (2) or (3).
(5)  For the purposes of this section and section 19, “a building” means any permanent or temporary building and includes any structure or erection of any kind (whether permanent or temporary) and any extension, modification or alteration made thereto.
Provision of space or facility or installation, plant or system by direction of Authority
21.
—(1)  Where the Authority considers it necessary that any telecommunication service should be provided to any land or building (whether completed or not) or any occupier of the land or building, or that the quality of a telecommunication service provided to any land or building or to any occupier of that land or building should be enhanced, the Authority may by direction —
(a)
require the developer or owner of the land or building to provide, at the developer’s or owner’s expense and within such period as may be specified in the direction, such space or facility within or on that land or building, and access to that land or building, as the Authority may specify in its direction; and
(b)
require any telecommunication licensee to install, within such period as may be specified in the direction, such installation, plant or system in that space or facility as the Authority considers necessary for the provision, or the enhancement of quality, of the telecommunication service to that land or building or to the occupier of that land or building.
(1A)  Where the Authority considers it necessary that any broadcasting service, the operation of which requires a telecommunication system, should be provided to any land or building, whether completed or not, or that the quality of any such broadcasting service provided to any land or building should be enhanced, the Authority may by direction —
(a)
require the developer or owner of the land or building to provide at his expense, within such period as may be specified in the direction, such space or facility within or on the land or building, and access thereto, as the Authority may specify in its direction; and
(b)
require any telecommunication licensee to install, within such period as may be specified in the direction, such installation, plant or system as the Authority considers necessary for the provision, or the enhancement of quality, of the broadcasting service to the land or building.
[Act 19 of 2011 wef 01/02/2012]
(1B)  Where the Authority —
(a)
considers it necessary that in relation to any land or building, whether completed or not (called in this section the relevant property), a radio‑communication service should be provided to the relevant property or the quality of a radio‑communication service provided to the relevant property should be enhanced; and
(b)
is satisfied that it would be in the public interest for a telecommunication licensee providing the radio‑communication service to install any installation, plant or system within or on another land or building (called in this section the subject property) in order to serve the relevant property or enhance the quality of the radio‑communication service provided to the relevant property,
the Authority may by direction —
(i)
require the developer or owner of the subject property in paragraph (b) to provide, at the developer’s or owner’s expense and within such period as may be specified in the direction, such space or facility within or on the subject property, and access to the subject property, as the Authority may specify in its direction; and
(ii)
require the telecommunication licensee to install within or on the subject property, within such period as may be specified in the direction, such installation, plant or system as the Authority considers necessary for the provision or enhancement of the quality of the radio‑communication service to the relevant property.
(1C)  To avoid doubt, the Authority may give directions under subsection (1), (1A), (1B) or (4) notwithstanding that such directions may prejudice the contractual obligations of the telecommunication licensee, or the developer, owner or occupier of any land or building, whether the obligation relates to a contract made before, on or after the commencement of section 10(b) of the Telecommunications (Amendment) Act 2016.
(1D)  No liability shall lie against any party to a contract made before, on or after the commencement of section 10(b) of the Telecommunications (Amendment) Act 2016 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority under subsection (1), (1A), (1B) or (4).
(1E)  Nothing in subsection (1D) affects the operation of the Frustrated Contracts Act (Cap. 115).
(2)  Where a telecommunication licensee that is using any space or facility within or on any land or building pursuant to a direction under subsection (1), (1A) or (1B), or any code of practice issued by the Authority, intends to use that space or facility —
(a)
to provide any telecommunication service or broadcasting service, or to enhance the quality of any telecommunication service or broadcasting service provided, to any land or building not in the direction to the licensee under subsection (1) or (1A);
(b)
to provide any radio‑communication service, or to enhance the quality of any radio‑communication service provided, to any land or building that is not the relevant land or building in the direction to the licensee under subsection (1B); or
(c)
to provide any telecommunication service, broadcasting service or radio‑communication service that is not in the direction to the licensee under subsection (1), (1A) or (1B), as the case may be, whether or not to the same land or building in the direction,
the licensee must give 14 days’ notice to the developer or owner of that land or building, stating as fully and accurately as possible the nature and extent of the acts intended to be done for the purpose of paragraph (a), (b) or (c), as the case may be.
(3)  The developer or owner of the land or building may, within 14 days after receiving a notice under subsection (2), lodge a written objection with the Authority.
(3A)  Where a written objection is lodged by the developer or owner of the land or building under subsection (3) (called in this section the objector), the Authority must notify the telecommunication licensee concerned to resolve the dispute with the objector due to the objection.
(3B)  On receipt of the Authority’s notice under subsection (3A), the telecommunication licensee must take genuine steps to resolve the dispute with the objector due to the objection.
(3C)  If the telecommunication licensee fails to resolve the dispute due to the objection, the licensee must inform the Authority in writing and also furnish all relevant information relating to the steps taken by the licensee to resolve the dispute due to the objection.
(3D)  After receipt of the information mentioned in subsection (3C), the Authority —
(a)
must notify the telecommunication licensee and the objector as to whether the Authority is satisfied that the licensee has taken genuine steps to resolve the dispute due to the objection; and
(b)
if so satisfied, must hold an inquiry (in such manner as the Authority thinks fit) on the objection, giving each party a reasonable opportunity to be heard if the objection is not withdrawn.
(4)  Upon the conclusion of the inquiry, the Authority may, upon being satisfied that the use of the space or facility for a purpose in the notice given under subsection (2) would be reasonable, by directions to the telecommunication licensee or the developer or owner of the land or building require either or both to give effect to the notice in such manner and on such terms, conditions and stipulations as the Authority may specify in the direction, including directions that —
(a)
require the developer or owner to allow the licensee to use the space or facility; or
(b)
require the licensee to install and operate any installation, plant or system within the space or facility.
(4A)  The telecommunication licensee may enter on the land or building and do all or any of the acts mentioned in the notice given under subsection (2) —
(a)
where no written objection is lodged within the period specified in subsection (3), after the expiry of that period; or
(b)
where a written objection is lodged under subsection (3) —
(i)
after the objection is withdrawn;
(ii)
after the telecommunication licensee resolves the dispute with the objector due to the objection; or
(iii)
on the Authority’s direction under subsection (4), subject to the terms, conditions and stipulations imposed by the Authority under that subsection.
(5)  Any direction under subsection (1), (1A), (1B) or (4) may include —
(a)
a requirement that the telecommunication licensee shall contribute, wholly or partly, to such costs and expenses incurred for the provision and use of any space or facility or installation, plant or system under subsection (1), (1A), (1B) or (4) as the Authority may determine;
(b)
terms and conditions relating to the payment of costs and expenses necessary for any alteration, removal, relocation or diversion of the installation, plant or system that may subsequently be required; and
(c)
such other requirements as the Authority may specify.
[10/2005 wef 16/02/2005]
[Act 19 of 2011 wef 01/02/2012]
(6)  The Authority may at any time vary, suspend or revoke the whole or any part of a direction under subsection (1), (1A), (1B) or (4).
[Act 19 of 2011 wef 01/02/2012]
(7)  Any person who fails to comply with any requirement in a direction under this section shall be guilty of an offence.
[10/2005 wef 16/02/2005]
Prohibition against exclusive agreements or arrangements
22.
—(1)  The developer or owner of any land or building —
(a)
must not enter into or enforce any agreement or arrangement with any occupier of the land or building that restricts or prevents the occupier from selecting any supplier of telecommunication systems and services to provide telecommunication services to the occupier; and
(b)
must not enter into or enforce any agreement or arrangement with any telecommunication licensee that restricts or prevents other telecommunication licensees from installing their installation, plant or system in the land or building or supplying telecommunication systems and services to the land or building or supplying telecommunication services to any occupier of the land or building.
(2)  The Authority may give such directions as the Authority thinks fit to be observed by the telecommunication licensee, or the developer, owner or occupier of the land or building to ensure compliance with subsection (1).
(3)  To avoid doubt, the Authority may give directions under subsection (2) notwithstanding that such directions may prejudice the contractual obligations of the telecommunication licensee, or the developer, owner or occupier of any land or building, whether the obligation relates to a contract made before, on or after the commencement of section 11 of the Telecommunications (Amendment) Act 2016.
(4)  No liability shall lie against any party to a contract made before, on or after the commencement of section 11 of the Telecommunications (Amendment) Act 2016 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any direction of the Authority under subsection (2).
(5)  Nothing in subsection (4) affects the operation of the Frustrated Contracts Act (Cap. 115).
(6)  The Authority may at any time vary, suspend or revoke the whole or any part of a direction given under subsection (2).
(7)  Any person who fails to comply with any requirement in a direction under this section shall be guilty of an offence.
Disputes as to compensation
23.  If any dispute arises under sections 12(2), 13(2), 14(1), 16(2), 18(3) and 20(4), it shall, on application for that purpose by any aggrieved person to the Authority, be determined by the Authority.
[10/2005 wef 16/02/2005]
Precautions in execution of work
24.  The execution of any work by a public telecommunication licensee under this Act which may affect any street, railway, river, canal, or other waterway or any system of irrigation, drainage or water supply or any telecommunications, harbour works or any other public or private works, and the erection of any installation or plant used for telecommunications whether over, on or under the ground shall be carried out in a lawful manner having regard to the safety of any person or property.
Exemption from distress and attachment, etc.
25.
—(1)  The installation or plant used for telecommunications of a public telecommunication licensee shall not be subject to distress or be liable to be taken in execution under any process of a court in any bankruptcy or insolvency proceedings against any person without the prior approval of the Minister in writing.
(2)  Every installation or plant used for telecommunications placed under, over, along, across, in or upon any property by a public telecommunication licensee shall remain the property of the licensee concerned whether or not it has become in whole or in part a fixture.