Comparison View

Formal Consolidation |  2000 RevEd
Provision of space or facility by developer or owner of building
19.  Any developer or owner of a building who requires any telecommunication service of a telecommunication licensee shall provide at his expense, and in accordance with such specifications as the Authority may publish, such space and facilities within or on the building and access thereto, as may be necessary for the operation of any installation or plant to be used in providing the telecommunication service.
Informal Consolidation | Amended Act 19 of 2011
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 or revoke 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 and maintain, at his expense, such space or facility within or on the land or building, and access to that space or facility, for the operation of any installation, plant or system used for telecommunications; 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.
(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]