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.
Dealer’s Individual Licence
4.—(1)  No person, other than a holder of a Dealer’s Individual Licence granted by the Authority, shall manufacture, import, hire, sell, or offer or possess for sale, any telecommunication equipment other than type-approved equipment or telecommunication equipment set out in the Fifth Schedule.
(2)  The Authority shall, when granting a Dealer’s Individual Licence, specify the types of telecommunication equipment which the dealer may manufacture, import, hire, sell, or offer or possess for sale.
(3)  A holder of a Dealer’s Individual Licence may sell telecommunication equipment that is not type-approved equipment or not set out in the Fifth Schedule only --
(a)to another holder of a Dealer’s Individual Licence; or
(b)to a person, other than a holder of a Dealer’s Class Licence, for re-export purposes and not for use in Singapore.
(4)  A dealer shall obtain a Dealer’s Individual Licence for each of the premises under his control or occupation at which he manufactures, imports, hires, sells, offers or possesses for sale any telecommunication equipment.
Dealer’s Class Licence
4A.—(1)  A dealer who manufactures, imports, hires, sells, or offers or possesses for sale any type-approved equipment or telecommunication equipment set out in the Fifth Schedule shall be deemed to have been granted a Dealer’s Class Licence for that purpose.
(2)  A dealer who is deemed to have been granted a Dealer’s Class Licence shall, in addition to any requirement imposed under these Regulations, comply with the conditions of licence set out in the Fourth Schedule.
(3)  The Authority may suspend or cancel a Dealer’s Class Licence by notice in writing addressed to the licensee on the ground that the licensee had —
(a)in registering with the Authority, furnished false, misleading or inaccurate information;
(b)misused any telecommunication equipment; or
(c)failed to comply with any of the provisions of the Act or these Regulations or any condition of licence set out in the Fourth Schedule.
(4)  Where a Dealer’s Class Licence is suspended or cancelled by the Authority, 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.
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 Dealer’s Individual Licence
6.—(1)  Every application for a Dealer’s Individual 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 Dealer’s Individual Licence within 14 days of such change.
(3)  A Dealer’s Individual 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 Dealer’s Individual Licence is granted or impose additional conditions.
(5)  A licensee shall, at his own expense, comply with the varied or additional conditions referred to in paragraph (4).
No assignment, transfer, etc., of benefits of Dealer’s Individual 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 Dealer’s Individual 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.  No person shall be granted a Dealer’s Individual Licence and no person shall be deemed to have been granted a Dealer’s Class Licence except —
(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 of Dealer’s Individual Licence
10.  If the Authority is satisfied that any Dealer’s Individual 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 Dealer’s Individual Licence
11.  Every application for the renewal of a Dealer’s Individual Licence under these Regulations shall be in such form and manner as the Authority may require.
Suspension and revocation of Dealer’s Individual Licence
12.—(1)  The Authority may suspend or revoke a Dealer’s Individual Licence granted under these Regulations by notice in writing addressed to the licensee on the ground that —
(a)the licensee had in his application for the Dealer’s Individual Licence furnished false, misleading or inaccurate information; or
(b)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 Dealer’s Individual Licence.
(2)  The licensee whose Dealer’s Individual Licence is suspended or revoked shall, if required by the Authority, surrender the Dealer’s Individual Licence to the Authority within such time as the Authority may specify.
(3)  Where a Dealer’s Individual Licence is suspended or revoked by the Authority or where a Dealer’s Individual 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)a Dealer’s Individual Licence granted under regulation 4 shall be $400 per annum; and
(b)a Dealer’s Class Licence granted under regulation 4A shall be $50 for every 5 years.
(2)  Paragraph (1)(b) shall not apply to a holder of both a Dealer’s Individual Licence and a Dealer’s Class Licence.
(3)  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 Dealer’s Individual 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 Dealer’s Individual 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 —
(a)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
(b)shall not, 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.