PART II
LICENSING CONDITIONS
Licensing authority
3.  The licensing authority in respect of every licence granted under these Regulations shall be the Authority with the consent of, or under the terms of a general authority given by, the Minister.
Telecommunication Dealer’s Licence
4.—(1)  No person other than the holder of a Telecommunication Dealer’s Licence granted by the Authority may manufacture, import, sell, hire, offer or possess for sale any telecommunication equipment.
(2)  The Authority shall, when granting a licence under paragraph (1), specify the types of telecommunication equipment which the dealer may manufacture, import, sell, hire, offer or possess for sale.
(3)  The Authority may issue the following classes of Dealer’s licences:
(a)a Class “A” Telecommunication Dealer’s Licence (referred to in this regulation as a Class “A” Dealer’s licence);
(b)a Class “B” Telecommunication Dealer’s Licence (referred to in this regulation as a Class “B” Dealer’s licence).
[S 70/96 wef 01/04/1996]
(4)  A holder of a Class “A” Dealer’s licence may manufacture, import, sell, hire, offer or possess for sale type-approved telecommunication equipment only.
[S 70/96 wef 01/04/1996]
(5)  A holder of a Class “B” Dealer’s licence may manufacture, import, sell, hire, offer or possess for sale any type of telecommunication equipment, but any telecommunication equipment not of a type approved by the Authority shall be imported, offered or possessed for sale or sold either —
(a)for export purposes only and not for use in Singapore; or
(b)to another holder of a Class “B” Dealer’s licence.
[S 70/96 wef 01/04/1996]
(6)  No holder of a Class “A” Dealer’s licence shall possess or have in his possession any non type-approved telecommunication equipment.
[S 70/96 wef 01/04/1996]
(7)  A dealer shall obtain a Telecommunication Dealer’s Licence for each of the premises under his control or occupation at which he manufactures, imports, sells, hires, offers or possesses for sale any telecommunication equipment.
[S 70/96 wef 01/04/1996]
Use for demonstration
5.—(1)  Notwithstanding regulation 4(1), a person may, subject to the Authority’s prior approval, operate any telecommunication equipment for demonstration purposes only without a Telecommunication Dealer’s Licence.
(2)  No dealer licensed under these Regulations shall, except with the Authority’s prior approval, operate any telecommunication equipment for demonstration purposes.
Application for licence
6.—(1)  Every application for a licence shall be made in such form and manner which the Authority may, from time to time, determine and shall be supported by such information as the Authority may require.
(2)  A licensee shall notify the Authority of any change in his personal particulars specified in a licencewithin 14 days of such change.
(3)  A licence granted under these Regulations shall be valid for such period as the Authority may determine unless revoked or suspended in accordance with the provisions of the Act or these Regulations, and shall be subject to such conditions, restrictions and limitations as the Authority may, from time to time, determine.
(4)  The Authority may at any time vary all or any of the conditions upon which a licence is granted or impose additional conditions and a licensee shall, at his own expense, comply with the varied or additional conditions.
No assignment, transfer, etc., of benefits of licence
7.  Except with the consent in writing of the Authority, a licensee shall not assign, transfer, sublet or otherwise dispose of the benefit of any licence granted under these Regulations, or permit another person to participate in any of the benefits, powers or authority granted under such licence.
Employees of licensee
8.  The licensee shall ensure that his employees comply with the provisions of the Act, these Regulations and the conditions of the licence.
Restriction on grant of licence
9.  A licence shall only be granted by the Authority, in its discretion, to —
(a)a person who is a citizen of Singapore;
(b)a company incorporated under the Companies Act [Cap. 50];
(c)a business registered under the Business Registration Act [Cap. 32]; or
(d)such other person as the Authority may, in its discretion, think fit.
Replacement licence
10.  If the Authority is satisfied that any licence issued by it has been lost, destroyed or defaced, the Authority may, upon payment of a fee of $5, issue a replacement licence.
Renewal of licence
11.  Every application for the renewal of a licence under these Regulations shall be in such form and manner as the Authority may require.
Suspension and revocation of licence
12.—(1)  The Authority may suspend or revoke a licence granted under these Regulations by notice in writing addressed to the licensee on the ground that the licensee had in his application for the licence furnished false, misleading or inaccurate information or that there has been misuse of any telecommunication equipment or failure to comply with any of the provisions of the Act or these Regulations or with any condition of the licence.
(2)  The licensee whose licence is suspended or revoked shall, if required by the Authority, surrender the licence to the Authority within such time as the Authority may specify.
(3)  Where a licence is suspended or revoked by the Authority or where a licence is terminated by a licensee, no compensation shall be paid by the Authority to the licensee and no fee or part thereof shall be refunded by the Authority to the licensee in respect of the unexpired period of such licence.
Fees
13.—(1)  The fee payable for a licence granted under these Regulations shall be as follows:
(a) Class “A” Telecommunication Dealer’s Licence (for dealing in type-approved telecommunication equipment)
$60 per annum;
(b) Class “B” Telecommunication Dealer’s Licence (for dealing in any type of telecommunication equipment)
$400 per annum.
[S 70/96 wef 01/04/1996]
(2)  All fees shall be paid in advance and if any fee remains unpaid 7 days after the date on which a licence should have been renewed, the following late payment fee shall be charged:
(a)where the licence is renewed after 7 days but less than 15 days following the expiration of the previous licence, $10;
(b)where the licence is renewed after 14 days but less than 31 days following the expiration of the previous licence, $20; and
(c)where the licence is renewed after 30 days following the expiration of the previous licence, $50.
Equipment to be used for lawful purpose, safe manner, etc.
14.  A dealer shall ensure that any telecommunication equipment in his possession is not used for any unlawful purpose and is worked by him in a manner which is safe and which does not impair or interfere with the efficient and convenient working or maintenance of any other telecommunication system or service authorised by the Authority.
Examination of licence
15.  A police officer not below the rank of sergeant or an authorised officer shall be entitled, upon production of proof of identity, to inspect any licence granted under these Regulations or, if it is not immediately available, require its production at the office of the Authority or a named police station within a reasonable period.
Inspection of equipment
16.—(1)  The Authority may appoint authorised officers as inspection officers for the inspection and examination of any equipment licensed under these Regulations, any premises owned or occupied by a dealer and any telecommunication equipment found therein.
(2)  For the purpose of ensuring that the Act, these Regulations and any condition of a licence granted hereunder are complied with, inspection officers shall be entitled, at any time and upon production of proof of identity, to enter any land, building, vessel, aircraft or vehicle where any telecommunication equipment is kept or stored and inspect, examine or test such equipment.
Duty to give access
17.  No person shall —
(a)refuse entry to an authorised officer to any land, building, vessel, aircraft or vehicle to inspect, examine or test any telecommunication equipment contained or stored therein; or
(b)in any way obstruct or hinder an authorised officer in the execution of a duty imposed or power conferred upon that officer by the Act, these Regulations or by any other written law.
Secrecy
18.—(1)  Except as otherwise provided in these Regulations or by the terms and conditions of a licence granted under these Regulations, every dealer having access to any telecommunication shall hold strictly secret all such telecommunication, other than those transmitted or sent for general information, which may pass through his hands or come to his knowledge and shall not, whether directly or indirectly, disclose the contents thereof except to a person entitled to become acquainted with the telecommunication or to an authorised officer or to a court and shall not make any other use of such telecommunication.
(2)  No dealer having unauthorised access to telecommunications shall print or publish or cause to be printed or published in any newspaper, pamphlet, book or document, any telecommunication that may pass through his hands or come to his knowledge, whether such telecommunication be for private or general reception.
Restrictions on transmission
19.—(1)  No dealer shall transmit or permit the transmission of superfluous signals.
(2)  No test, trial or practical transmission shall be permitted except in such circumstances as to preclude the possibility of interference with any other telecommunication.
(3)  All tests, unless prior approval from the Authority has been obtained, shall be conducted on dummy load.
(4)  No dealer shall transmit or permit the transmission of —
(a)any message containing indecent, obscene or offensive language;
(b)any message for an improper or illegal purpose;
(c)any message which interferes with the operation of any authorised telecommunication equipment; or
(d)any message which to his knowledge is false or misleading and likely to prejudice the efficiency of any life-service or endanger the safety of any person or of a place or premises, vessel, aircraft or vehicle.