Attorney General’s Chambers
30th December 2013
TELECOMMUNICATIONS (AMENDMENT) BILL 2014 ARRANGEMENT OF CLAUSES CLAUSE
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.
Short title and commencement Interpretation Section 2 amended Section 3 amended Section 4 amended Section 6 amended Section 9 amended Section 11 amended Section 33 amended Section 39 amended Section 53 amended Section 55 amended Section 61 substituted Section 65 amended Schedule 2 amended
1
Attorney General’s Chambers
30th December 2013
TURKS AND CAICOS ISLANDS A PROPOSAL FOR A
BILL FOR AN ORDINANCE TO AMEND THE TELECOMMUNICATIONS ORDINANCE; AND FOR MATTERS CONNECTED THERETO.
ENACTED by the Legislature of the Turks and Caicos Islands.
Short title and commencement 1. This Ordinance may be cited as the Telecommunications (Amendment) Ordinance 2014, and comes into operation on the same day as the Broadcasting Ordinance 2014 comes into operation.
Interpretation 2. In this Ordinance “principal Ordinance” means the Telecommunications Ordinance.
Section 2 amended 3. Section 2 of the principal Ordinance is amended— (a) by repealing the definition of “Belonger” and substituting in the appropriate alphabetical position the following definition— ““Turks and Caicos Islander” has the meaning prescribed in section 132(1) of the Constitution;”; (b) by inserting in the appropriate alphabetical position the following definition— “domain names” means a name allocated under the global name system assigned to the Turks and Caicos Islands according to the two-letter code in the International Standard ISO 3166-1 (Codes for Representation of Names of Countries and their Subdivision) and includes any second or subsequent level domain names;”.
2
Attorney General’s Chambers
30th December 2013
Section 3 amended 4. Section 3 of the principal Ordinance is amended in subsection (2) by inserting after paragraph (a) the following paragraph— “(aa)
the Director General, ex officio;”.
Section 4 amended 5. Section 4 of the principal Ordinance is amended in subsection (1),— (a) in paragraph (l), by repealing the word “and” at the end of that paragraph; (b) in paragraph (m), by repealing the full stop at the end of that paragraph and substituting “; and”; (c) by inserting after paragraph (m) the following paragraph— “(n)
to discharge such other functions as conferred on to it under the Broadcasting Ordinance.”.
Section 6 amended 6. Section 6 of the principal Ordinance is amended by repealing subsection (2) and substituting the following subsection— “(2) The Director General is the chief executive officer of the Commission and, subject to the general direction of the Commission, is responsible for— (a) the day-to-day administration and operation of the Commission; (b) the appointment of the Commission’s employees, except those employees designated by the Commission as senior employees, who shall be appointed by the Commission; (c) the management and supervision Commission’s employees;
of
the
(d) reporting to the Commission the findings of any research conducted by him; (e) the discharge of such functions and the exercise of such powers as may be assigned to, or conferred on him, by this or any other Ordinance or that may be delegated to him by the Commission.
3
Attorney General’s Chambers
30th December 2013
(2A) In the exercise of his functions under this Ordinance the Director General may instruct a licensee to supply to him, not later than the end of the period of three months beginning with the day after the end of its financial year, a copy of its audited annual accounts and such return as he may instruct.”.
Section 9 amended 7. Section 9 of the principal Ordinance is amended by repealing the word “Belongers” in each place it occurs and substituting “Turks and Caicos Islanders”.
Section 11 amended 8. Section 11 of the principal Ordinance is amended by repealing the words “prescribe form” and substituting “manner and form determined by the Commission”
Section 33 amended 9. Section 33 of the principal Ordinance is amended in subsection (1), by repealing the words “prescribed form” and substituting “manner and form determined by the Commission”.
Section 39 amended 10. Section 39 of the principal Ordinance is amended in subsection (2), by repealing the words “prescribed form” and substituting “manner and form determined by the Commission”.
Section 53 amended 11. Section 53 of the principal Ordinance is amended in subsection (2) by repealing the word “decision” and substituting “opinion”.
Section 55 amended 12. Section 55 of the principal Ordinance is amended— (a) in subsection (1),— (i)
by repealing the words “Telecommunication” and substituting “Communications”;
(ii) by inserting after the word “Ordinance” the words “ and the Broadcasting Ordinance”; (b) by repealing subsection (2) and substituting the following—
4
Attorney General’s Chambers
30th December 2013
“(2) The Communications Tribunal shall consist of a President, who shall be an attorney-atlaw of at least seven years standing, and two other persons, one of whom must have experience in telecommunications or broadcasting.”; (c) in subsection (3), by repealing the words “less than five” and substituting “exceeding three”; (d) in subsection (6),— (i)
by repealing the word “Telecommunication” and substituting “Communications”;
(ii)by inserting after the word “Ordinance” the words “or the Broadcasting Ordinance”; (e) in subsection (7) by “Telecommunication” “Communications”;
repealing the word and substituting
(f) in subsections (9) and (10), by repealing the word “Telecommunication” wherever it occurs and substituting “Communications”.
Section 61 substituted 13. Section 61 of the principal Ordinance is repealed and the following substituted— “Domain names use 61. (1) The Commission shall assume responsibility for the registration, allocation, assignment and management of domain names. (2) The Commission may delegate to any person its responsibilities under subsection (1).
Section 65 amended 14. Section 65 of the principal Ordinance is amended in subsection (2), by inserting after paragraph (c) the following paragraph— “(ca)
classes of licence;”.
Schedule 2 amended 15. Schedule 2 to the principal Ordinance is amended— (a) in paragraph 2— (i)
by inserting after the word “Ordinance” in subparagraph (2) the words “and the Broadcasting Ordinance.”;
5
Attorney General’s Chambers
30th December 2013
(ii) by deleting subparagraphs (3) and (4); (b) by deleting paragraph 3 and substituting the following— “Funds and resources of the Commission 3. The funds and resources of the Commission shall consist of— (a) fees payable to the Commission under this Ordinance and the Broadcasting Ordinance; (b) such sums of money as may, from time to time, be appropriated by the House of Assembly for the purposes of this Ordinance and the Broadcasting Ordinance; (c) money derived from the disposal of or dealing with real or personal property held by the Commission; and (d) any money or other property not specified in paragraphs (a) to (c) that is lawfully received or made available to the Commission.”. (c) by inserting after paragraph 3 the following paragraph— “Reserve fund 3A. (1) The Commission shall maintain a reserve fund into which, subject to subparagraph (3), it shall pay any money standing to the credit of the Commission. (2) The Commission shall expend money from the reserve fund only for the purposes of the Commission. (3) If, on the last working day of any quarter within a financial year, the monies standing to the credit of the reserve fund exceed the expected 3 months recurrent expenditure needs of the Commission, the Commission shall, within 14 days of the last working day of the quarter, pay a sum equal to the excess to the Government for payment into the Consolidated Fund.”. PASSED by the House of Assembly this
day of
Tracey Parker Clerk to the House of Assembly
Robert Hall Speaker
6
2014.
Attorney General’s Chambers
30th December 2013
EXPLANATORY MEMORANDUM This Bill amends the Telecommunications Ordinance (“the Ordinance. Clause 3 of the Bill amends section 2 of the Ordinance to repeal the term “Belonger” and to replace it with the term “Turks and Caicos Islander” to bring it into conformity with the 2011 Constitution. Clause 4 of the Bill amends section 3 of the Ordinance to provide that the Director General of the Telecommunications Commission shall be an ex officio member of the Commission. Clause 5 of the Bill amends section 4 of the Ordinance (which makes provision in relation to the functions of the Telecommunications Commission) to provide for the Commission to discharge other functions conferred on it under the Broadcasting Ordinance. Clause 6 of the Bill amends section 6 of the Ordinance to clearly spell out the functions of the Director General under the Ordinance and how he exercises those functions. Clause 7 of the Bill amends section 9 of the Ordinance to replace the word “Belonger” with the words “Turks and Caicos Islander”. Clauses 8,9, 10,11 and 12 of the Bill make consequential amendments to the Ordinance as a result of the Commission now having responsibility for the regulation of broadcasting services. In particular, section 55 of the Ordinance is amended to rename the “Telecommunications Tribunal” the “Communications Tribunal” given that the Tribunal will hear appeals under both the Telecommunication Ordinance and the Broadcasting Ordinance. Clause 13 of the Bill replaces section 61 of the Ordinance and provides for the Commission to assume responsibility for the registration, allocation, assignment and management of domain name. Clause 14 of the Bill amends section 65 of the Ordinance (power to make Regulations under the Ordinance) and empowers the Governor to make regulations which may provide for classes of licence. Clause 15 amends Schedule 2 to the Ordinance to substitute the provision relating to the funds of the Commission and to insert paragraph 3A into the Schedule, which enables the Commission to maintain a reserve fund.
7