Telecommunication Authority of Singapore (Amendment) Bill

Bill No. 6/1998

Read the first time on 14th January 1998.
An Act to amend the Telecommunication Authority of Singapore Act (Chapter 323 of the 1993 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Telecommunication Authority of Singapore (Amendment) Act 1998 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 2
2.  Section 2(1) of the Telecommunication Authority of Singapore Act (referred to in this Act as the principal Act) is amended —
(a)by inserting, immediately after the definition of “Chief Executive”, the following definition:
“ “code of practice” means a code of practice issued or approved under section 115;”;
(b)by inserting, immediately after the definition of “postal article”, the following definition:
“ “postal licensee” means a person to whom a licence has been granted under section 42;”;
(c)by inserting, immediately after the definition of “subsidiary”, the following definition:
“ “telecommunication licensee” means a person to whom a licence has been granted under section 26;”; and
(d)by inserting, immediately after the definition of “telecommunication system”, the following definition:
“ “telecommunication system licensee” means a person licensed under section 26 to operate a telecommunication system;”.
Amendment of section 6
3.  Section 6(1) of the principal Act is amended —
(a)by inserting, immediately after paragraph (c), the following paragraph:
“(ca)to create an economic regulatory framework for the operation and provision of telecommunication and postal systems and services which promotes and safeguards competition and fair and efficient market conduct or, in the absence of a competitive market, which prevents the misuse of monopoly or market power;”;
(b)by deleting the words “81 to 88” in the third line of subsection (6) and substituting the words “81, 82, 83, 85 to 88”;
(c)by deleting the words “50 to 59” in the third line of subsection (7) and substituting “56, 58, 59”; and
(d)by deleting the words “82 to 86” in the third line of subsection (7) and substituting “82, 83, 85, 86”.
Amendment of section 26
4.  Section 26(2) of the principal Act is amended —
(a)by deleting paragraph (a) and substituting the following paragraph:
“(a)the licensee to enter into agreements or arrangements with any person, class of persons or another telecommunication 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;”; and
(b)by deleting the full-stop at the end of paragraph (b) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:
“(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.”.
Amendment of section 29
5.  Section 29(1) of the principal Act is amended by inserting, immediately after the word “licence” where it secondly appears in sub-paragraph (A), the words “or part thereof”.
Amendment of section 30
6.  Section 30(1) of the principal Act is amended by deleting the words “public telecommunication” and substituting the words “telecommunication system”.
Amendment of section 42
7.  Section 42 of the principal Act is amended by deleting subsection (2) and substituting the following subsection:
“(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 the licensee —
(a)to enter into agreements or arrangements with any person, class of persons or another telecommunication licensee for —
(i)the interconnection of, and access to, postal systems;
(ii)the sharing of installation or plant used for posts belonging to any postal 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)to pay to the Authority a fee on the grant of the licence or to pay to the Authority periodic fees during the currency of the licence or both, of such amount as may be determined by or under the licence;
(c)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)to comply with codes of practice and standards of performance that are applicable to the licensee; and
(e)to do or not to do such things as are specified in the licence or are of a description so specified.”.
Amendment of section 45
8.  Section 45(1) of the principal Act is amended by inserting, immediately after the word “licence” where it secondly appears in sub-paragraph (a), the words “or part thereof”.
Repeal of sections 50 to 55 and 57
9.  Sections 50 to 55 and 57 of the principal Act are repealed.
Amendment of section 64
10.  Section 64 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:
“(1)  A public postal licensee may, with the approval of the Authority, erect, relocate and remove any posting box and postal label vending machine in any public road, street or highway, or in any other public place.”.
Amendment of section 70
11.  Section 70(2) of the principal Act is amended —
(a)by deleting “$10,000” in the second line and substituting “$100,000”; and
(b)by deleting “$1,000” in the penultimate line and substituting “$10,000”.
Amendment of section 74
12.   Section 74 of the principal Act is amended —
(a)by inserting, immediately after the words “section 30” in the ninth line of subsection (1), the words “or that the telecommunication equipment is imported in contravention of any provision of this Act or any regulations made thereunder”;
(b)by deleting the word “used” in the fifth line of subsection (1)(a) and substituting the word “located”;
(c)by inserting, immediately after the word “used” in the sixth line of subsection (1)(b), the words “or is capable of being used”;
(d)by deleting the words “or 75” in the fourth line of subsection (2) and substituting the words “, 75 or 79A”; and
(e)by inserting, immediately after the word “equipment” in the sixth line of subsection (2), the words “, or any other thing,”.
New section 74A
13.  The principal Act is amended by inserting, immediately after section 74, the following section:
“Sealing of telecommunication equipment
74A.—(1)  Where it appears to any police officer not below the rank of sergeant or any employee authorised by the Authority that it is not practicable to remove from where it is found any telecommunication system or equipment or any radio-communication system or equipment seized by him under section 74 by reason of its nature, size or amount, he may by any means seal the telecommunication system or equipment or the radio-communication system or equipment.
(2)  Any person who, without lawful authority, breaks, tampers with or damages any seal referred to in subsection (1), or removes any telecommunication system or equipment or any radio-communication system or equipment which has been sealed under that subsection, or attempts to do so, shall be guilty of an offence.”.
Amendment of section 79
14.  Section 79 of the principal Act is amended by deleting the word “public” in the third line.
New section 79A
15.  The principal Act is amended by inserting, immediately after section 79, the following section:
“Possession or supply of any thing for fraudulent purpose in connection with use of telecommunication system
79A.—(1)  Subsection (2) shall apply if a person has in his custody or under his control any thing which may be used for the purpose of obtaining, or for a purpose connected with the obtaining of, a service to which section 79 applies.
(2)  If the person intends —
(a)to use the thing referred to in subsection (1) —
(i)to obtain such a service dishonestly; or
(ii)for a purpose connected with the dishonest obtaining of such a service;
(b)dishonestly to allow the thing to be used to obtain such a service; or
(c)to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service,
he shall be guilty of an offence.
(3)  Subsection (4) shall apply if a person supplies or offers to supply any thing which may be used for the purpose of obtaining, or for a purpose connected with the obtaining of, a service to which section 79 applies.
(4)  If the person supplying or offering to supply the thing referred to in subsection (3) knows or believes that the person to whom it is supplied or offered intends or intends if it is supplied to him —
(a)to use the thing —
(i)to obtain such a service dishonestly; or
(ii)for a purpose connected with the dishonest obtaining of such a service;
(b)dishonestly to allow it to be used for a purpose connected with the dishonest obtaining of such a service; or
(c)to allow it to be used for a purpose connected with the dishonest obtaining of such a service,
he shall be guilty of an offence.
(5)  A person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.”.
Amendment of section 82
16.  Section 82 of the principal Act is amended —
(a)by deleting the words “a public telecommunication licensee or a public postal licensee, as the case may be” in the second and third lines of subsection (1) and substituting the words “the Authority”;
(b)by inserting, at the end of subsection (1)(a), the word “or”;
(c)by deleting paragraph (b) of subsection (1);
(d)by deleting subsections (2) and (3) and substituting the following subsection:
“(2)  Any approval under subsection (1) may be refused by the Authority or granted by the Authority on such terms and conditions as it may determine.”;
(e)by deleting “$5,000” in the fourth line and “$500” in the fifth line of subsection (7) and substituting “$10,000” and “$1,000”, respectively; and
(f)by deleting the words “by public telecommunication or public postal licensees” in the marginal note and substituting the words “for telecommunication or posts”.
Repeal of section 84
17.  Section 84 of the principal Act is repealed.
Amendment of section 85
18.  Section 85 of the principal Act is amended —
(a)by deleting “$10,000” in the fourth line of subsection (1) and substituting “$50,000”; and
(b)by deleting “$200,000” in the penultimate line of subsection (2) and substituting the words “$1 million”.
New section 85A
19.  The principal Act is amended by inserting, immediately after section 85, the following section:
“Duty in excavation
85A.  Any person who digs, bores, trenches, grades, excavates or breaks any ground with any mechanical equipment or explosive or allows his employee or agent to do so without first ascertaining the location of any main, cable, pipe, conduit, circuit or wire belonging to or under the management or control of a telecommunication system licensee shall be guilty of an offence.”.
Amendment of section 88
20.  Section 88 of the principal Act is amended by deleting the words “public telecommunication licensee” in paragraphs (a) and (b)(ii) and substituting in each case the words “telecommunication system licensee”.
Amendment of section 90
21.  Section 90 of the principal Act is amended —
(a)by deleting the semi-colon at the end of paragraph (g) and substituting a comma;
(b)by deleting paragraphs (h), (i) and (j); and
(c)by deleting the words “paragraph (e), (f), (g), (h), (i) or (j)” in sub-paragraph (ii) and substituting the words “paragraph (e), (f) or (g)”.
Amendment of section 97
22.  Section 97 of the principal Act is amended —
(a)by deleting the words “that licensee” in the third line and substituting the words “the Authority”; and
(b)by inserting, immediately after the words “approval of” in the fifth line, the words “the Authority and”.
Repeal and re-enactment of section 102
23.  Section 102 of the principal Act is repealed and the following section substituted therefor:
“Provision of space or facility by developer or owner of building
102.  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.”.
Amendment of section 103
24.  Section 103 of the principal Act is amended —
(a)by deleting the words “300 metres” in the fifth line of subsection (1) and substituting the words “30 metres”;
(b)by inserting, immediately after the word “may,” in the seventh line of subsection (3), the words “with the approval of the Authority,”; and
(c)by deleting the words “public telecommunication” wherever they appear in subsections (1) to (4) and substituting in each case the word “telecommunication”.
New sections 103A and 103B
25.  The principal Act is amended by inserting, immediately after section 103, the following sections:
“Provision of installation, plant or space by direction of Authority
103A.—(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 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 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.
Sharing of installation, plant or system
103B.—(1)  The Authority may direct any telecommunication licensee to co-ordinate and co-operate, in such manner and 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 thereof, used for telecommunications.
(2)  Any person who fails to comply with any direction under subsection (1) shall be guilty of an offence.”.
Amendment of section 114
26.  Section 114 of the principal Act is amended by deleting paragraphs (c) and (d) and substituting the following paragraphs:
“(c)any error in, or omission of, any information transmitted through telecommunications; or
(d)any loss of secrecy in communication arising from the use of any telecommunication service,
which is due to the act or default of another person, or an accident or some other cause beyond the public telecommunication licensee's control.”.
New sections 115A, 115B and 115C
27.  The principal Act is amended by inserting, immediately after section 115, the following sections:
“Codes of practice
115A.—(1)  The Authority may issue or approve and from time to time review codes of practice and other standards of performance in connection with —
(a)the operation of telecommunication systems and equipment and postal systems;
(b)the provision of telecommunication and postal services; and
(c)the conduct of telecommunication licensees and postal licensees in the provision of telecommunication or postal services.
(2)  If any provision in any code of practice or other standard of performance issued or approved by the Authority is inconsistent with any regulations made under this Act, such provision shall, to the extent of the inconsistency, either have effect subject to such regulation or, where appropriate, having regard to such regulation, shall not have effect.
(3)  The Authority may, in any telecommunication licence or postal licence, exempt any telecommunication or postal licensee, as the case may be, from any provision in any code of practice or other standard of performance issued or approved by the Authority generally or for such time as the Authority may specify.
Directions affecting telecommunication or postal licensee
115B.—(1)  The Authority may give directions for or with respect to standards of performance and procedures to be observed by telecommunication or postal licensees and other persons —
(a)to ensure the reliability of the provision of any telecommunication or postal 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 and postal licensees; and
(d)in the public interest.
(2)  Any person who fails to comply with any direction given under subsection (1) shall be guilty of an offence.
Compliance with codes of practice and directions of Authority
115C.  Every telecommunication licensee and postal licensee shall comply with the relevant codes of practice and other standards of performance issued or approved under section 115A and the relevant directions given under section 115B.”.
Amendment of section 120
28.  Section 120 of the principal Act is amended —
(a)by inserting, immediately after the word “section” in the second line of subsection (1), the words “or any police officer”; and
(b)by inserting, immediately after “79,” in the second line of subsection (3), “79A,”.
Amendment of section 121
29.  Section 121(1) of the principal Act is amended by inserting, immediately after the words “section 70” in the fourth line “, 79A”.
Amendment of section 124
30.  Section 124(1) of the principal Act is amended by deleting “$200” in the last line and substituting “$1,000”.
Amendment of section 125
31.  Section 125 of the principal Act is amended by deleting “$5,000” and “12 months” in the penultimate and last lines and substituting “$10,000” and “3 years”, respectively.
Amendment of section 126
32.  Section 126 of the principal Act is amended by deleting subsection (1).
Amendment of First Schedule
33.  Paragraph 1 of the First Schedule to the principal Act is amended by deleting sub-paragraph (c) and substituting the following sub-paragraph:
“(c)such other members as the Minister may, from time to time, determine.”.
Amendment of Second Schedule
34.  The Second Schedule to the principal Act is amended by inserting, immediately after paragraph 6, the following paragraphs:
“6A.  To regulate the sharing of —
(a)installation or plant used for telecommunications between telecommunication licensees; and
(b)installation or plant used for posts between postal licensees.
6B.  To control and regulate the availability, and terms of provision, by telecommunication licensees of directory and directory-enquiry services.
6C.  To control and regulate the sharing and terms of provision by telecommunication licensees of information on customers' particulars for the purpose of establishing an integrated directory.”.
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