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Formal Consolidation |  2000 RevEd
Provision of installation, plant or system or space or facilities by direction of Authority
21.—(1)  Where the Authority considers it necessary that any telecommunication service should be provided to any building, whether completed or not, or that the quality of a telecommunication service provided to any building be enhanced, the Authority may by direction —
(a)require, in connection with paragraph (b), the developer or owner of the building or land to provide at his expense, within such period as may be specified in the direction, such space and facilities within or on the building or land, and access thereto, as the Authority may specify in the 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 telecommunication service.
(2)  Any direction under subsection (1) may include —
(a)a requirement that the telecommunication licensee shall contribute, wholly or partly, to such costs and expenses incurred for the provision of any installation, plant or system, or space or facilities under subsection (1) as the Authority may determine; and
(b)such other requirements as the Authority may specify.
(3)  Any person who fails to comply with any requirement in a direction under subsection (1) shall be guilty of an offence.
Informal Consolidation | Amended Act 10 of 2005
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 that the quality of a telecommunication 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 telecommunication service to the land or building.
(2)  Where a telecommunication licensee is using any space or facility provided by the developer or owner of any land or building pursuant to any direction under subsection (1) or any code of practice issued by the Authority, and the licensee intends to use that space or facility to provide any telecommunication service or to enhance the quality of any telecommunication service provided to any other land or building, the licensee shall notify the developer or owner of the licensee’s intention.
(3)  Where the developer or owner objects to the use of the space or facility for a purpose referred to in subsection (2), the telecommunication licensee shall refer the matter to the Authority for determination.
(4)  The Authority may, upon being satisfied by the telecommunication licensee that the use of the space or facility for a purpose referred to in subsection (2) would be reasonable, by direction —
(a)require the developer or owner of the land or building to allow the licensee to use the space or facility; and
(b)require the licensee to install and operate any installation, plant or system within the space or facility,
in such manner and on such terms as the Authority may specify in the direction.
(5)  Any direction under subsection (1) 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) 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.
(6)  Any direction under subsection (1) or (4) may be varied, suspended or revoked at any time by the Authority.
(7)  Any person who fails to comply with any requirement in a direction under this section shall be guilty of an offence.
[Act 10 of 2005 wef 16/02/2005]