CODES OF PRACTICE, STANDARDS OF PERFORMANCE, DIRECTIONS AND ADVISORY GUIDELINES ON TELECOMMUNICATIONS
[19/2011]
Codes of practice and standards of performance on telecommunications
30.—(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:
(d)
the operation of telecommunication systems and equipment;
(e)
the provision of telecommunication services;
(f)
the activities and conduct of telecommunication licensees in the provision of telecommunication services;
(g)
the provision of services relating to the use of, or access to, telecommunication systems;
(h)
the activities and conduct of telecommunication licensees in the provision of services relating to the use of, or access to, telecommunication systems;
(i)
competition, abuse of a dominant position in the market and fair market conduct in the telecommunication industry in Singapore;
(j)
the acquisitions or consolidations involving a telecommunication licensee and any other person (whether a telecommunication licensee or otherwise);
(k)
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;
(l)
the carrying out of the purposes and provisions of this Act and the due administration thereof.
[19/2011; 30/2016]
(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 the person’s 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.
[19/2011]
(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)
has effect subject to the provisions of this Act; or
(b)
having regard to the provisions of this Act, does not have effect.
[19/2011]
(4) A code of practice or standard of performance issued or approved under subsection (1) does not have legislative effect.
[19/2011]
(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 must comply with that code of practice or standard of performance.
[19/2011]
(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.
[26
[19/2011]
Directions affecting telecommunication licensees
31.—(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;
(d)
to ensure the coordination and cooperation, 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 of it) owned or used by the telecommunication licensee for the provision of any telecommunication service; or
(e)
in the public interest.
[10/2005; 19/2011]
(2) 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 coordination and cooperation, 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 of it) 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.
[19/2011; 22/2016]
(3) A direction under subsection (1) or (2) —
(a)
may 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)
takes effect at such time (being the earliest practicable time) as is determined by or under that direction.
[19/2011]
(4) The Authority may at any time vary, suspend or revoke the whole or any part of a direction under subsection (1) or (2).
[19/2011]
(5) Before giving a direction to any telecommunication licensee under subsection (1) or (2) or varying a direction under subsection (4), the Authority must, 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 must consider any representations or objections which are duly made.
[10/2005; 19/2011]
(6) Every telecommunication licensee must comply with every direction of the Authority given to the licensee under this section.
[27
Advisory guidelines
32.—(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 30;
(b)
the use, construction, design or performance of anything;
(c)
interference with radio-communications; or
(d)
frequency allocation and coordination.
(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.
