Power to license telecommunication systems and services
5.—(1)  A licence may, with the consent of, or in accordance with the terms of a general authority given by the Minister, be granted by the Authority either unconditionally or subject to such conditions as the Authority may impose and specify in the licence and either irrevocably or subject to revocation as therein specified for the running of such telecommunication systems and services falling within section 3 as are specified in the licence.
(2)  A licence granted under subsection (1) may be granted either to any person, class of persons or a particular person, and may include (without prejudice to the power to impose conditions conferred by that subsection) conditions requiring —
(a)the licensee to enter into agreements or arrangements with any person, class of persons or another telecommunications licensee for —
(i)the interconnection of, and access to, telecommunication systems;
(ii)the sharing of installation or plant used for telecommunications belonging to any telecommunication licensee; and
(iii)such other purpose as may be specified in the licence,
and on such terms and conditions as may be agreed to by the licensee and such other persons or licensees or, in default of agreement, as may be determined by the Authority;
(b)the payment to the Authority of a fee on the grant of the licence or the payment to it of periodic fees during the currency of the licence or both, of such amount as may be determined by or under the licence;
(c)the licensee to comply with any direction given by the Authority as to such matters as are specified in the licence or are of a description so specified;
(d)the licensee to comply with codes of practice and standards of performance that are applicable to the licensee; and
(e)the licensee to do, or not to do, such things as are specified in the licence or are of a description so specified.
(3)  Any payment required by subsection (2) to be rendered to the Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.
(4)  No person shall question whether the grant of a licence under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection shall not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister.
(5)  The grant of licences under this section shall be at the discretion of the Authority.
(6)  Nothing in this section shall prevent the Minister from directing the Authority to grant a licence in any specific case.
[Act 10 of 2005 wef 16/02/2005]
(7)  Anything done under and in accordance with a licence granted under subsection (1) shall not constitute an infringement of the privilege conferred by section 3.