i e AT 11 of 1984 TELECOMMUNICATIONS ACT 1984

Transcription

1 i e AT 11 of 1984 TELECOMMUNICATIONS ACT 1984

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3 Teleommuniations At 1984 Index i e TELECOMMUNICATIONS ACT 1984 Index Setion Page PART I INTRODUCTORY 7 1 General duties of Counil of Ministers Meaning of teleommuniation system and related expressions... 8 PART II PROVISION OF TELECOMMUNICATION SERVICES 9 Liensing et. of teleommuniation systems 9 3 Prohibition on running unliensed systems Exeptions to s Power to liense systems Speial provisions appliable to ertain lienes Publi teleommuniation systems The teleommuniations ode Provisions supplementary to s Modifiation of lienes Modifiation of liene onditions Enforement of lienes Seuring ompliane with liene onditions Proedural requirements Validity and effet of orders Register of lienes and orders Approvals et. for the purposes of lienes Approval of ontrators Approval, et, of apparatus Approval, et, of meters Delegation of funtions under ss 16 and 17, et Provisions supplementary to ss 15, 16 and Registers of approvals, et Appliation of UK approvals Information, et, to be marked on or to aompany teleommuniation apparatus AT 11 of 1984 Page 3

4 Index Teleommuniations At A Marking of harges for use of ertain apparatus Information, et, to be given in advertisements Aquisition et. of land by publi teleommuniations operators Compulsory purhase of land Entry, for exploratory purposes, on land Aquisition of land by agreement Offenes Assaults, et, on employees of publi teleommuniations operator Improper use of publi teleommuniation system Fraudulent use of publi teleommuniation system A Possession or supply of anything for fraudulent purpose in onnetion with the use of teleommuniations systems Interferene with publi teleommuniation system Dislosure of messages et PART III to 35 [Repealed] PART IV MISCELLANEOUS AND SUPPLEMENTAL 33 Misellaneous Power of Governor in Counil to give diretions Power to require information Power to require information from operators General restritions on dislosure of information Offenes by bodies orporate Summary proeedings Use of ertain onduits for teleommuniation purposes Vesting of property et. of British Teleommuniations Vesting of property et, of British Teleommuniations Supplemental Tynwald approval of orders, et Finanial provision Interpretation Amendments and transitional provisions Short title and ommenement SCHEDULE 1 41 THE TELECOMMUNICATIONS CODE 41 APPENDIX 71 SCHEDULE 2 71 AMENDMENTS OF ENACTMENTS 71 Page 4 AT 11 of 1984

5 Teleommuniations At 1984 Index SCHEDULE 3 71 GENERAL TRANSITIONAL PROVISIONS AND SAVINGS 71 SCHEDULE 4 76 ENDNOTES 77 TABLE OF LEGISLATION HISTORY 77 TABLE OF RENUMBERED PROVISIONS 77 TABLE OF ENDNOTE REFERENCES 77 AT 11 of 1984 Page 5

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7 Teleommuniations At 1984 Setion 1 i e TELECOMMUNICATIONS ACT 1984 Reeived Royal Assent: 25 June 1984 Passed: 10 July 1984 Commened: See endnotes AN ACT to provide for the liensing, regulation and provision of teleommuniation servies; and for onneted purposes. GENERAL NOTE: The maximum fines in this At are as inreased by the Criminal Justie (Penalties, Et.) At 1993 s 1. PART I INTRODUCTORY 1 General duties of Counil of Ministers [P1984/12/3] (1) The Counil of Ministers shall exerise its funtions under this At in the manner whih it onsiders is best alulated to seure that there are provided throughout the Island, save in so far as the provision thereof is impratiable or not reasonably pratiable, suh teleommuniation servies as satisfy all reasonable demands for them inluding in partiular, servies linking the Island with ountries outside the Island, emergeny servies, publi all box servies and servies in rural areas; and without prejudie to the generality of paragraph, to seure that any operator by whom suh servies fall to be provided is able to finane the provision of those servies. 1 (2) Subjet to subsetion (1), the Counil of Ministers shall exerise its funtions under this At in the manner whih it onsiders is best alulated to promote the interests of onsumers, purhasers and other users of teleommuniation servies or teleommuniation apparatus in the Island (inluding in partiular, those who are disabled or of pensionable age) in respet of the pries harged for, and the quality and variety of, servies provided and apparatus supplied. 2 AT 11 of 1984 Page 7

8 Setion 2 Teleommuniations At 1984 (3) Subsetions (1) and (2) do not apply in relation to funtions exerisable in the interests of national seurity or international relations, and subsetion (2) does not apply in relation to funtions under setion 8(3). (4) This setion applies to the funtions of the Communiations Commission (in this At referred to as the Commission ) under Part II with the substitution for referenes to the Counil of Ministers of referenes to the Commission. 3 2 Meaning of teleommuniation system and related expressions [P1984/12/4] (1) In this At teleommuniation system means a system for the onveyane, through the ageny of eletri, magneti, eletro-magneti, eletro-hemial or eletro-mehanial energy, of () (d) speeh, musi and other sounds; visual images; signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or signals serving for the atuation or ontrol of mahinery or apparatus. (2) For the purposes of this At teleommuniations apparatus whih is situated in the Island and is onneted to but not omprised in a teleommuniation system; or is onneted to and omprised in a teleommuniation system whih extends beyond the Island, shall be regarded as a teleommuniation system and any person who ontrols the apparatus shall be regarded as running the system. (3) In this At teleommuniation apparatus means apparatus onstruted or adapted for use in transmitting or reeiving anything falling within paragraphs to (d) of subsetion (1) whih is to be or has been onveyed by means of a teleommuniation system; or in onveying, for the purposes of suh a system, anything falling within those paragraphs; teleommuniation servie means any of the following, that is to say a servie onsisting in the onveyane by means of a teleommuniation system of anything falling within subsetion (1) to (d); Page 8 AT 11 of 1984

9 Teleommuniations At 1984 Setion 3 () a diretory information servie, that is to say, a servie onsisting in the provision by means of a teleommuniation system of diretory information for the purpose of failitating the use of a servie falling within paragraph and provided by means of that system; and a servie onsisting in the installation, maintenane, adjustment, repair, alteration, moving, removal or replaement of apparatus whih is or is to be onneted to a teleommuniation system. (4) Subjet to subsetion (6), a teleommuniation system is onneted to another teleommuniation system for the purposes of this At if it is being used, or is installed or onneted for use, in onveying anything falling within subsetion (1) to (d) whih is to be or has been onveyed by means of that other system. (5) Subjet to subsetion (6), apparatus is onneted to a teleommuniation system for the purposes of this At if it is being used, or is installed or onneted for use in transmitting or reeiving anything falling within paragraphs to (d) of subsetion (1) whih is to be or has been onveyed by means of that system; or in onveying, for the purposes of that system, anything falling within those paragraphs; and referenes in this subsetion to anything falling within those paragraphs shall inlude referenes to energy of any kind mentioned in subsetion (1). (6) The onnetion to a teleommuniation system of any other teleommuniation system or any apparatus shall not be regarded as a onnetion for the purpose of this At if that other teleommuniation system or that apparatus would not be so onneted but for its onnetion to another teleommuniation system. (7) In this setion, exept subsetion (1), onvey inludes transmit, swith and reeive and ognate expressions shall be onstrued aordingly. PART II PROVISION OF TELECOMMUNICATION SERVICES Liensing et. of teleommuniation systems 3 Prohibition on running unliensed systems [P1984/12/5] (1) Subjet to the provisions of this setion and setion 4, a person who runs a teleommuniation system within the Island shall be guilty of an offene unless he is authorised to run the system by a liene granted under setion 5. AT 11 of 1984 Page 9

10 Setion 4 Teleommuniations At 1984 (2) Subjet to the provisions of this setion, a person who runs within the Island a teleommuniation system whih he is authorised to run by a liene granted under setion 5 shall be guilty of an offene if there is onneted to the system (i) (ii) any other teleommuniation system; or any apparatus, whih is not authorised by the liene to be so onneted; or there are provided by means of the system any teleommuniation servies whih are not authorised by the liene to be so provided. (3) A person guilty of an offene under this setion shall be liable on summary onvition, to a fine not exeeding 5,000; on onvition on information to a fine. (4) Where the ommission by any person of an offene under this setion is due to the at or default of some other person, that other person shall be guilty of the offene; and a person may be harged with and onvited of the offene by virtue of this subsetion whether or not proeedings are taken against the first-mentioned person. (5) In any proeedings for an offene under this setion it shall, subjet to subsetion (6), be a defene for the person harged to prove that he took all reasonable steps and exerised all due diligene to avoid ommitting the offene. (6) Where the defene provided by subsetion (5) involves an allegation that the ommission of the offene was due to the at or default of another person, the person harged shall not, without leave of the ourt, be entitled to rely on that defene unless, within a period ending 7 lear days before the hearing, he has served on the proseutor a notie in writing giving suh information identifying or assisting in the identifiation of that other person as was then in his possession. (7) No proeedings shall be instituted in respet of an offene under this setion exept by the Commission or by or with the onsent of the Attorney General. 4 4 Exeptions to s 3 [P1984/12/6] (1) [Repealed] 5 (2) Setion 3(1) is not ontravened by the running of a system in the ase of whih the only ageny involved in the onveyane of things thereby onveyed is light and the things thereby onveyed are so onveyed as to be apable of being reeived or pereived by the eye and without more; Page 10 AT 11 of 1984

11 Teleommuniations At 1984 Setion 4 () the running by a person of a system whih is not onneted to another system and in the ase of whih all the apparatus omprised therein is situated either (i) (ii) on a single set of premises in single oupation; or in a vehile, vessel, airraft or hoverraft or in two or more vehiles, vessels, airraft or hoverraft mehanially oupled together; or the running by a single individual of a system whih is not onneted to another system and in the ase of whih (i) (ii) all the apparatus omprised therein is under his ontrol; and everything onveyed by it that falls within setion 2(1) to (d) is onveyed solely for domesti purposes of his; and referenes in paragraphs and () to another teleommuniation system do not inlude referenes to a teleommuniation system to whih subsetion (2A) applies (whether run by a broadasting authority or by any other person). 6 (2A) This subsetion applies to a teleommuniation system in the ase of whih every onveyane made by it is either transmission, by wireless telegraphy, from a transmitting station for general reeption of sounds, visual images or suh signals as are mentioned in setion 2(1)(); or a onveyane within a single set of premises of sounds, visual images or suh signals whih are to be or have been so transmitted. 7 (3) In the ase of a business arried on by a person, setion 3(1) is not ontravened by the running, for the purposes of that business, of a system whih is not onneted to another system and with respet to whih the onditions speified in subsetion (4) are satisfied. (4) The said onditions are () (d) that no person exept the person arrying on the business is onerned in the ontrol of the apparatus omprised in the system; that nothing falling within setion 2(1) to (d) is onveyed by the system by way of rendering a servie to another; that, in so far as sounds or visual images are onveyed by the system, they are not onveyed for the purpose of their being heard or seen by persons other than the person arrying on the business or any employees of his engaged in the ondut thereof; that in so far as suh signals as are mentioned in setion 2(1)() are onveyed by the system, they are not onveyed for the purpose of imparting matter otherwise than to the person arrying on the AT 11 of 1984 Page 11

12 Setion 5 Teleommuniations At 1984 (e) (5) In this setion business, any employees of his engaged in the ondut thereof or things used in the ourse of the business and ontrolled by him; and that, in so far as suh signals as are mentioned in setion 2(1)(d) are onveyed by the system, they are not onveyed for the purpose of atuating or ontrolling mahinery or apparatus used otherwise than in the ourse of the business. broadasting authority means a person liensed under the Wireless Telegraphy At 1949 (an At of Parliament) to broadast programmes for general reeption; business inludes a trade, profession or employment and inludes any ativity arried on by a body of persons, whether orporate or uninorporate; vessel means a vessel of any desription used in navigation; wireless telegraphy has the same meaning as in the said At of Power to liense systems [P1984/12/7] (1) A liene may be granted by in the ase of a liene to whih setion 6 applies, the Counil of Ministers; 8 in any other ase, the Commission; for the running of any suh teleommuniation system as is speified in the liene or is of a desription so speified. 9 (2) A liene granted under this setion shall be in writing and, unless previously revoked in aordane with any term in that behalf ontained in the liene, shall ontinue in fore for suh period as may be speified in or determined by or under the liene. (3) A liene granted under this setion may be granted either to all persons, to persons of a lass or to a partiular person. (4) A liene granted under this setion may authorise the onnetion to any teleommuniation system to whih the liene relates of (i) (ii) any other teleommuniation system speified in the liene or of a desription so speified; and any apparatus so speified or of a desription so speified; and the provision by means of any teleommuniation system to whih the liene relates of any teleommuniation servies speified in the liene or of a desription so speified. Page 12 AT 11 of 1984

13 Teleommuniations At 1984 Setion 5 (5) A liene granted under this setion may inlude () suh onditions (whether relating to the running of a teleommuniation system to whih the liene relates or otherwise) as appear to the Counil of Ministers or to the Commission, as the ase may be, to be requisite or expedient having regard to the duties imposed on it by setion 1; 10 onditions requiring the rendering to the Treasury of a payment on the grant of the liene or payments during the urreny of the liene or both of suh amount or amounts as may be determined by or under the liene; and 11 onditions requiring any person who is authorised by the liene to run a teleommuniation system to furnish to the Commission, in suh manner and at suh times as it may reasonably require, suh douments, aounts, estimates, returns or other information as the Commission may require for the purpose of exerising its funtions under this Part. 12 (6) Without prejudie to the generality of subsetion (5), onditions inluded by virtue of that paragraph in a liene granted under this setion to a partiular person may require that person () to omply with any diretion given by the Counil of Ministers or the Commission as to suh matters as are speified in the liene or are of a desription so speified; 13 exept in so far as the Counil of Ministers or the Commission onsents to his doing or not doing them, not to do or to do suh things as are speified in the liene or are of a desription so speified; and 14 to refer for determination by the Counil of Ministers or the Commission suh questions arising under the liene as are speified in the liene or are of a desription so speified. 15 (7) A liene granted under this setion otherwise than to a partiular person shall be published in suh manner as appears to the Counil of Ministers or the Commission, as the ase may be, to be appropriate for bringing it to the attention of the persons for whose benefit it will enure. 16 (8) Any sums reeived by the Treasury under this setion shall be paid into the general revenue of the Island. 17 (9) Where a liene granted under this setion to a partiular person inludes a provision requiring that person to run any teleommuniation system to whih the liene relates through the ageny of some other person, that other person, as well as the first-mentioned person, shall be taken for the purposes of this setion and the following provisions of this Part to be authorised by that liene to run that system. AT 11 of 1984 Page 13

14 Setion 6 Teleommuniations At Speial provisions appliable to ertain lienes [P1984/12/8] (1) This setion applies to any liene granted under setion 5 to a partiular person whih inludes onditions requiring that person () (d) (e) to provide suh teleommuniation servies as are speified in the liene or are of a desription so speified; to onnet to any teleommuniation system to whih the liene relates, or permit the onnetion to any suh system, of suh other teleommuniation systems and suh apparatus as are speified in the liene or are of a desription so speified; to permit the provision by means of any teleommuniation system to whih the liene relates of suh servies as are speified in the liene or are of a desription so speified; not to show undue preferene to, or to exerise undue disrimination against, any person or persons of any lass or desription as respets any servie provided, onnetion made or permission given in pursuane of suh onditions as are mentioned in paragraphs, and () (whether in respet of the harges or other terms or onditions applied or otherwise); and to publish, in suh manner and at suh times as may be speified in the liene, a notie speifying, or speifying the method that is to be adopted for determining, the harges and other terms and onditions that are to be appliable to suh servies so provided, suh onnetions so made and suh permissions so given as are speified in the liene or are of a desription so speified. (2) It is immaterial for the purposes of subsetion (1) whether the person to whom the liene is granted is required to refer for determination by the Counil of Ministers or by the Commission suh questions arising under the onditions mentioned in subsetion (1) to (e) as are speified in the liene or are of a desription so speified. 18 (3) A liene to whih this setion applies shall not have effet unless the liene has been approved by Tynwald. 7 Publi teleommuniation systems [P1984/12/9] (1) The Counil of Ministers may by order designate as a publi teleommuniation system any teleommuniation system the running of whih is authorised by a liene under setion 5; and any referene in this At to a publi teleommuniation system is a referene to a teleommuniation system whih is so designated and the running of whih is so authorised. 19 Page 14 AT 11 of 1984

15 Teleommuniations At 1984 Setion 8 (2) In this At publi teleommuniations operator means a person authorised by a liene to whih setion 6 applies to run a publi teleommuniation system. (3) In any ase where it appears to the Counil of Ministers that it is expedient for transitional provision to be made in onnetion with a teleommuniation system easing to be a publi teleommuniation system, or a person easing to be a publi teleommuniations operator, the Counil of Ministers may make a sheme giving effet to suh transitional provision as it thinks fit The teleommuniations ode [P1984/12/10] (1) Subjet to the following provisions of this setion, the ode (to be known as the teleommuniations ode ) whih is ontained in Shedule 1 shall have effet where it is applied to a partiular person by a liene under setion 5 authorising that person to run a teleommuniation system. (2) The teleommuniations ode shall not be applied to a person authorised by a liene under setion 5 to run a teleommuniation system unless that liene is a liene to whih setion 6 applies; or it appears to the Commission (i) (ii) that the running of the system will benefit the publi; and that it is not pratiable for the system to be run without the appliation of that ode to that person. 21 (3) Where the teleommuniations ode is applied to any person by a liene under setion 5 it shall have effet with suh exeptions and subjet to suh onditions as may be speified in the liene for the purpose of qualifying the rights exerisable by that person by virtue of the ode. (4) Without prejudie to the generality of subsetion (3), the exeptions and onditions there mentioned may inlude suh exeptions and onditions as appear to the Counil of Ministers or the Commission, as the ase may be, to be expedient for the purpose of seuring () that the physial environment is proteted and in partiular, that the natural beauty and amenity of the ountryside is onserved; that there is no greater damage to streets or interferene with traffi than is reasonably neessary; that funds are available for meeting any liabilities whih may arise from the exerise of rights onferred by or in aordane with the ode. 22 (5) Any ondition falling within subsetion (4), may impose on the person to whom the ode is applied a requirement to omply with diretions given AT 11 of 1984 Page 15

16 Setion 9 Teleommuniations At 1984 in a manner speified in the ondition and by a person so speified or of a desription so speified. (6) Where, in aordane with subsetion (2), the Commission applies the teleommuniations ode by a liene granted under setion 5, the liene shall not have effet unless the liene has been approved by Tynwald Provisions supplementary to s 8 [P1984/12/11] (1) In any ase where it appears to the Counil of Ministers that it is expedient for transitional provision to be made in onnetion with the teleommuniations ode easing to apply to any person by reason of the expiry or revoation of a person s liene under setion 5, the Counil of Ministers may make a sheme giving effet to suh transitional provisions as it thinks fit. 24 (2) Without prejudie to the generality of subsetion (1), a sheme under that subsetion may () (d) impose obligations on a person to whom the teleommuniations ode has eased to apply as mentioned in subsetion (1) to remove anything installed in pursuane of any right onferred by or in aordane with the teleommuniations ode, to restore land to its ondition before anything was done in pursuane of any suh right or to pay the expenses of any suh removal or restoration; provide for those obligations to be enforeable in suh manner (otherwise than by riminal penalties) and by suh persons as may be speified in the sheme; authorise the retention of apparatus on any land pending the grant of a liene under setion 5 authorising the running by any person of a teleommuniation system for the purposes of whih that apparatus may be used; provide for the purposes of any provision ontained in a sheme by virtue of paragraph, or () for suh questions arising under the sheme as are speified in the sheme, or are of a desription so speified, to be referred to, and determined by the Counil of Ministers or by the Commission. 25 Modifiation of lienes 10 Modifiation of liene onditions [P1984/12/12] (1) Subjet to the following provisions of this setion, the Commission may modify the onditions of a liene granted under setion Page 16 AT 11 of 1984

17 Teleommuniations At 1984 Setion 11 (2) A liene granted under setion 5 to a partiular person may inlude provision that the liene shall not be modified under this setion without the onsent of that person, and suh provision may be expressed to have effet () either for the period speified in or determined by or under the liene as mentioned in setion 5(2), or for suh lesser period as may be speified in that behalf in the liene; either as respets all the onditions of the liene, or as respets suh of those onditions as may be so speified; and either in any irumstanes, or in suh irumstanes as may be so speified. (3) Before making modifiations under this setion, the Commission shall ause notie to be given () stating that it proposes to make the modifiations and setting out their effet; stating the reasons why it proposes to make the modifiations; and speifying the time (not being less than 28 days from the date of publiation of the notie) within whih representations or objetions with respet to the proposed modifiations may be made, and shall onsider any representations or objetions whih are duly made and not withdrawn. 27 (4) A notie under subsetion (3) shall be given by publiation in suh manner as the Commission onsiders appropriate and by sending a opy of the notie to the operator. 28 (5) The Commission shall also send a opy of a notie under subsetion (3) to the Chief Seretary; and if, within the time speified in the notie, the Counil of Ministers direts the Commission not to make any modifiation, the Commission shall omply with the diretion. 29 Enforement of lienes 11 Seuring ompliane with liene onditions [P1984/12/16] (1) Subjet to setion 12, where it appears to the Commission that an operator is ontravening or has ontravened and is likely again to ontravene any of the onditions of his liene, the Commission may by an order make suh provision as is requisite for the purpose of seuring ompliane with that ondition. 30 (2) An order under this setion AT 11 of 1984 Page 17

18 Setion 12 Teleommuniations At 1984 shall require the operator (aording to the irumstanes of the ase) to do, or not to do suh things as are speified in the order or are of a desription so speified; shall take effet at the end of suh period as is reasonable in all the irumstanes and is determined by or under the order; and () may be revoked at any time by the Commission. 31 (3) In this setion and setions 12 to 14 operator means a person who is authorised by a liene granted under setion 5 to run a teleommuniation system. 12 Proedural requirements [P1984/12/17] (1) Before making an order under setion 11, the Commission shall ause notie to be given () stating that it proposes to make the order and setting out its effet; stating the relevant ondition of the liene and the ats or omissions whih, in its opinion, onstitute or would onstitute ontravention of it; and speifying the time (not being less than 28 days from the date of publiation of the notie) within whih representations or objetions to the proposed order may be made, and shall onsider any representations or objetions whih are duly made and not withdrawn. 32 (2) Before revoking an order under setion 11 the Commission shall ause notie to be given stating that it proposes to revoke the order and setting out its effet; and speifying the time (not being less than 28 days from date of publiation of the notie) within whih representations or objetions to the proposed revoation may be made, and shall onsider any representations or objetions whih are duly made and not withdrawn. 33 (3) A notie under subsetion (1) or (2) shall be given by publiation in suh manner as the Commission onsiders appropriate and by sending a opy of the notie to the operator. 34 (4) The Commission shall not make an order under setion 11 with modifiations exept with the onsent of the operator or after omplying with the requirements of subsetion (5). 35 (5) The said requirements are that the Commission shall Page 18 AT 11 of 1984

19 Teleommuniations At 1984 Setion 13 () ause to be given to the operator suh notie as appears to it requisite of its proposal to make the order with modifiations; speify the time (not being less than 28 days from the date of the servie of the notie) within whih representations or objetions to the proposed modifiations may be made; and onsider any representations or objetions whih are duly made and not withdrawn. 36 (6) As soon as pratiable after an order under setion 11 is made, the Commission shall ause the order to be published in suh a manner as it onsiders appropriate for the purpose of bringing the order to the attention of persons likely to be affeted by it; and ause a opy of the order to be served on the operator Validity and effet of orders [P1984/12/18] (1) If the operator is aggrieved by an order under setion 11 and desires to question its validity on the ground that it is not within the powers of that setion or that any of the requirements of setion 12 have not been omplied with in relation to it, he may within 42 days from the date of servie on him of a opy of the order make an appliation to the High Court under this setion. (2) On any suh appliation the High Court may, if satisfied that the order is not within those powers or that the interests of the operator have been substantially prejudied by a failure to omply with those requirements, quash the order or any provision of the order. (3) Exept as provided by this setion, the validity of an order under setion 11 shall not be questioned by an legal proeedings whatever. (4) No riminal proeedings shall, by virtue of the making of an order under setion 11, lie against any person on the ground that he has ommitted, or aided, abetted, ounselled or proured the ommission of, or onspired or attempted to ommit, or inited others to ommit, any ontravention of the order. (5) The obligation to omply with an order under setion 11 is a duty owed to any person who may be affeted by a ontravention of it. (6) Without prejudie to any right whih any person may have by virtue of subsetion (7) to bring ivil proeedings in respet of any ontravention or apprehended ontravention of an order under setion 11, ompliane with any suh order shall be enforeable by ivil proeedings by the Attorney General for an injuntion or for any other appropriate relief. (7) Where a duty is owed by virtue of subsetion (5) to any person AT 11 of 1984 Page 19

20 Setion 14 Teleommuniations At 1984 any breah of the duty whih auses that person to sustain loss or damage; and any at whih, by induing a breah of that duty or interfering with its performane auses that person to sustain loss or damage and whih is done wholly or partly for the purpose of ahieving that result, shall be ationable at the suit or instane of that person. (8) In any proeedings brought against any person in pursuane of subsetion (7), it shall be a defene for him to prove that he took all reasonable steps and exerised all due diligene to avoid ontravening the order. (9) In this setion at, in relation to any person, inludes any failure to do an at whih he is under a duty to do and done shall be onstrued aordingly. 14 Register of lienes and orders [P1984/12/19] (1) The Commission shall keep a register of lienes granted under setion 5 and orders made under setion 11 at suh premises and in suh form as it may determine. 38 (2) Subjet to any diretion given under subsetion (3), the Commission shall ause to be entered in the register partiulars of every liene granted under setion 5 and of every modifiation of suh a liene made under setion 10; and of every order made under setion 11 and of every revoation of suh an order. 39 (3) If it appears to the Counil of Ministers that the entry of any partiulars in the register would be against the publi interest or ommerial interests of any person, it may, exept where the partiulars relate to a liene whih requires the approval of Tynwald, diret the Commission not to enter those partiulars in the register. 40 (4) The register shall be open to publi inspetion during suh hours and subjet to payment of suh fee as may be presribed by an order made by the Treasury. 41 (5) Any person may, on payment of suh fee as may be presribed by an order so made, require the Commission to supply to him a opy of or extrat from any part of the register, ertified by or on behalf of the Commission to be a true opy or extrat. 42 (6) Any sums reeived by the Commission under this setion shall be paid into the general revenue of the Island. 43 Page 20 AT 11 of 1984

21 Teleommuniations At 1984 Setion 15 Approvals et. for the purposes of lienes 15 Approval of ontrators [P1984/12/20(1), (3) and (10)] (1) Where lienes granted under setion 5 inlude provisions whih are framed by referene to the arrying out of relevant operations by persons for the time being approved under this setion then, for the purposes of those provisions, the Commission may approve persons under this setion in relation to suh operations. 44 (2) An approval under this setion may apply either to a partiular person or to persons of a desription speified in the approval, and may so apply either in relation to partiular relevant operations or in relation to relevant operations of a desription so speified. (3) In this setion relevant operations means the installation, maintenane, adjustment, repair, alteration, moving, removal or replaement of apparatus whih is or is to be onneted to any teleommuniation system to whih a liene under setion 5 relates. 16 Approval, et, of apparatus [P1984/12/22(1) and (3)] (1) Where lienes granted under setion 5 inlude provisions whih are framed by referene to apparatus for the time being approved under this setion for onnetion to teleommuniation systems to whih the lienes relate, then, for the purposes of those provisions, the Commission may approve apparatus for onnetion to those systems. 45 (2) An approval under this setion may apply either to partiular apparatus or to any apparatus of a desription speified in the approval, and may so apply either for the purposes of a partiular teleommuniation system or for the purposes of any teleommuniation system of a desription so speified. 17 Approval, et, of meters [P1984/12/24(1), (3), (8) and (15)] (1) Where lienes granted under setion 5 inlude provisions whih are framed by referene to meters for the time being approved under this setion for use in onnetion with teleommuniation systems to whih the lienes relate, then, for the purposes of those provisions, the Commission may approve meters for use in onnetion with those systems. 46 (2) An approval under this setion may apply either to a partiular meter or to any meter of a desription speified in the approval, and may so apply either for the purposes of a partiular teleommuniation system or for AT 11 of 1984 Page 21

22 Setion 18 Teleommuniations At 1984 the purposes of any teleommuniation system of a desription so speified. (3) A meter shall not be approved under this setion for use in onnetion with any teleommuniation system unless either the meter onforms to a standard designated under setion 19 whih applies to it for the purposes of that system; or the Commission is satisfied that, if used in onnetion with that system in aordane with the approval, the meter would be suffiiently aurate and reliable. 47 (4) In this setion meter means any system or apparatus onstruted or adapted for use in asertaining the value of teleommuniation servies provided by means of a teleommuniation system. 18 Delegation of funtions under ss 16 and 17, et [P1984/12/25 and 26] (1) A person appointed by the Commission may exerise any funtion onferred on the Commission by setion 16 or 17 to suh extent and subjet to suh onditions as may be speified in the appointment; and an appointment under this setion may authorise the person appointed to retain any fees reeived by him. 48 (2) Before appointing any person under this setion, the Commission shall onsult with the persons running the teleommuniation systems onerned, or with suh organisations as appear to the Commission to be representative of those persons. 49 (3) The Treasury may make grants or loans to persons by whom any matter falls to be determined for the purposes of any requirement imposed in pursuane of setion 19(1) or (2); or to persons appointed under this setion. 50 (4) Any loans under this setion shall be repaid to the Treasury at suh times and by suh methods, and interest thereon shall be paid to it at suh rates and at suh times, as the Treasury may from time to time diret Provisions supplementary to ss 15, 16 and 17 (1) A person applying for an approval under setion 15, 16 or 17 may be required by the Commission to omply with suh requirements as the Commission may think appropriate; and those requirements may inlude a requirement to satisfy some other person with respet to any matter. 52 (2) An approval under setion 15, 16 or 17 may speify onditions whih must be omplied with if the approval is to apply, for any purpose Page 22 AT 11 of 1984

23 Teleommuniations At 1984 Setion 19 speified in the approval, to any person who, or any apparatus or meter whih, is so speified or is of a desription so speified; and any suh ondition may impose on the person to whom the approval is given a requirement from time to time to satisfy any person with respet to any matter. (3) Nothing in this setion shall prelude a person (other than the Commission) who is harged with determining any matter for the purposes of any requirement imposed in pursuane of subsetion (1) or (2) from requiring any payment to be made in respet of the arrying out of any test or other assessment made by him. 53 (4) The Commission may designate standards to whih apparatus, or any meter, of a desription speified in the designation must onform if it is to be approved for onnetion to, or for use in onnetion with, a teleommuniation system so speified or of a desription so speified and a standard so designated may apply subjet to suh exeptions as may be determined by or under the designation. 54 (5) A designation under this setion may speify onditions whih must be omplied with if any apparatus or meter of a desription speified in the designation is to be regarded, for any purposes so speified, as onforming to the standard to whih the designation relates. (6) Before giving an approval under setion 17 by virtue of setion 17(3) or designating a standard under this setion, the Commission shall ause notie to be given () stating that proposes to give the approval or make the designation and setting out its effet; 55 stating any onditions whih it proposes to speify in the approval or designation; and 56 speifying the time (being not less than 28 days from the date of publiation of the notie) within whih representations or objetions with respet to the proposed approval or designation may be made, and shall onsider any representations or objetions whih are duly made and not withdrawn. 57 (7) A notie under subsetion (6) shall be given by sending a opy of the notie in the ase of an approval, to the person applying for the approval; or in the ase of a designation, to the person running the system, and (in either ase) to suh other persons (if any) as the Commission onsiders appropriate. 58 AT 11 of 1984 Page 23

24 Setion 20 Teleommuniations At 1984 (8) Any power onferred by setion 15, 16 or 17 or this setion to give an approval or designate a standard inludes a power to vary or withdraw an approval given or designation made in the exerise of that power. (9) The Treasury may by order provide for the payment of fees in respet of approvals or designations under setion 15, 16 or 17, or this setion. 59 (10) Any sums reeived by the Commission under setion 15, 16 or 17 or this setion shall be paid into the general revenue of the Island Registers of approvals, et [P1984/12/21 and 23] (1) The Commission shall keep registers of approvals given under setions 15 and 16 and designations made under setion 19 (other than designations relating to meters) at suh premises and in suh form as it may determine. 61 (2) The Commission shall ause partiulars of every suh approval or designation, and every variation or withdrawal of suh an approval or designation, to be entered in the register. 62 (3) Subsetions (3) to (6) of setion 14 shall apply for the purposes of this setion as they apply for the purposes of that setion. 21 Appliation of UK approvals (1) If the Commission is satisfied that a teleommuniation system to whih a liene under setion 5 relates ( the Manx system ) is of a similar type to a teleommuniation system to whih a liene under setion 7 of the U.K. At relates ( the U.K. system ), it may by order provide that apparatus approved under setion 22 of the U.K. At for onnetion to the U.K. system shall be deemed to be approved under setion 16 for onnetion to the Manx system, subjet to ompliane with any relevant onditions speified in the approval under the said setion 22 and to suh further onditions (if any) as may be speified in the order. 63 (2) An order under subsetion (1) may relate to all apparatus from time to time approved for onnetion to the U.K. system or to apparatus of a desription speified in the order, and any suh desription may be framed by referene to any irumstanes whatsoever. (3) Before making an order under this setion the Commission shall onsult the Commission and the person by whom the relevant approval under setion 22 of the U.K. At was given, and shall ause notie to be given stating that it proposes to make the order and setting out its effet, stating any onditions whih it proposes to speify in the order; and Page 24 AT 11 of 1984

25 Teleommuniations At 1984 Setion 22 () speifying the time (being not less than 28 days from the date of publiation of the notie) within whih representations or objetions with respet to the proposed order may be made, and shall onsider any representations or objetions whih are duly made and not withdrawn. 64 (4) A notie under subsetion (3) shall be given by sending a opy of the notie to the person to whom the relevant liene under setion 5 was granted; and suh other persons (if any) as the Commission may onsider appropriate. 65 (5) This setion applies, with any neessary modifiations, to meters approved under setion 24 of the U.K. At as it applies to apparatus approved under setion 22 of that At. Marking et. of teleommuniation apparatus 22 Information, et, to be marked on or to aompany teleommuniation apparatus [P1984/12/28] (1) Where it appears to the Commission expedient that teleommuniation apparatus should be marked with or aompanied by any information or instrution relating to the apparatus or its onnetion or use, the Commission may by order impose requirements for seuring that the apparatus is so marked or aompanied, and regulate or prohibit the supply of suh apparatus with respet to whih the requirements are not omplied with; and the requirements may extend to the form and manner in whih the information or instrution is to be given. 66 (2) Where an order under this setion is in fore with respet to teleommuniation apparatus of any desription, any person who, in the ourse of any trade or business, supplies or offers to supply teleommuniation apparatus of that desription in ontravention of the order shall, subjet to subsetion (3), be guilty of an offene and liable on summary onvition, to a fine not exeeding 5,000; on onvition on information, to a fine. (3) Subsetions (4) to (6) of setion 3 shall apply for the purposes of this setion as they apply for the purposes of that setion. (4) An order under this setion may, in the ase of teleommuniation apparatus supplied in irumstanes where the information or instrution required by the order would not be onveyed until after delivery, require the whole or part thereof to be also displayed near the apparatus. AT 11 of 1984 Page 25

26 Setion 22 Teleommuniations At 1984 (5) For the purposes of this setion a person exposing teleommuniation apparatus for supply or having teleommuniation apparatus in his possession for supply shall be deemed to offer to supply it. (6) In this setion and setion 23 supply has the meaning given by setion 61 of the Consumer Protetion At A Marking of harges for use of ertain apparatus (1) This setion applies to teleommuniation apparatus whih is onneted to a publi teleommuniation system, and so designed or adapted that a person other than a subsriber to the system may ommuniate with another person by means of the apparatus and on payment (whether by the insertion of a oin or oins or by any other means). (2) The Commission may by order require any desription of apparatus to whih this setion applies to bear a presribed indiation as to the harges whih are made for the use of the apparatus. (3) An order under his setion may () (d) (e) (f) require the harges to be speified, or to be indiated by referene to any presribed sale of harges (whether or not in fore at the time of the making of the order); provide for the person responsible for any ontravention of the order to be guilty of an offene, punishable on summary onvition by a fine not exeeding suh amount (whih shall not exeed 1,000) as may be presribed; provide, where apparatus bears a presribed indiation whih is false or misleading, for the person responsible to be guilty of an offene, punishable on summary onvition by a fine not exeeding suh amount (whih shall not exeed 5,000) as may be presribed; speify the person who is to be treated as responsible for any at or omission referred to in paragraph or (); enable a presribed person to inspet any apparatus to whih the order applies to asertain whether there is or has been any ontravention of the order, and for that purpose to enter any premises where the apparatus is kept and to use the apparatus; for the purposes of the exerise of any power of entry onferred under paragraph (e), apply with presribed modifiations the provisions of setions 35 and 36 of the Loal Government At (4) In this setion presribed means presribed by an order under this setion. 68 Page 26 AT 11 of 1984

27 Teleommuniations At 1984 Setion Information, et, to be given in advertisements [P1984/12/29] (1) Where it appears to the Commission expedient that any desription of advertisements of teleommuniation apparatus should ontain or refer to any information relating to the apparatus or its onnetion or use, the Commission may by order impose requirements as to the inlusion of that information, or an indiation of the means by whih it may be obtained, in advertisements of that desription. 69 (2) Where an advertisement of any teleommuniation apparatus to be supplied in the ourse of any trade or business fails to omply with any requirement imposed under this setion, any person who publishes the advertisement shall, subjet to subsetion (3) and (4), be guilty of an offene and liable on summary onvition, to a fine not exeeding 5,000; on onvition on information, to a fine. (3) Subsetions (4) to (6) of setion 3 shall apply for the purposes of this setion as they apply for the purposes of that setion. (4) In any proeedings for an offene under this setion it shall be a defene for the person harged to prove that he is a person whose business it is to publish or arrange for the publiation of advertisements and that he has reeived the advertisement for publiation in the ordinary ourse of business and did not know and had no reason to suspet that its publiation would amount to an offene under this setion. (5) An order under this setion may speify the form and manner in whih any information or indiation required by the order is to be inluded in advertisements of any desription. (6) In this setion advertisement inludes a atalogue, a irular and a prie list. Aquisition et. of land by publi teleommuniations operators 24 Compulsory purhase of land [P1984/12/34] (1) A publi teleommuniations operator may aquire ompulsorily any land whih is required by the operator for, or in onnetion with, the establishment or running of the operator s system or as to whih it an reasonably be foreseen that it will be so required. (2) No petition shall be made for a resolution of Tynwald authorising a ompulsory purhase under this setion exept with the onsent of the Counil of Ministers. 70 AT 11 of 1984 Page 27

28 Setion 25 Teleommuniations At 1984 (3) Where a publi teleommuniations operator has aquired any land under this setion, he shall not dispose of that land or of any interest or right in or over it exept with the onsent of the Counil of Ministers Entry, for exploratory purposes, on land [P1984/12/37] [P1971/78/179, 280 and 281] (1) A person nominated by a publi teleommuniations operator and duly authorised in writing by or on behalf of the Counil of Ministers may, at any reasonable time, enter upon and survey any land, other than land overed by buildings or used as a garden or pleasure ground, for the purpose of asertaining whether the land would be suitable for use by the operator for, or in onnetion with, the establishment or running of the operator s system. 72 (2) Subjet to subsetion (3), any power onferred by this setion to survey land shall inlude power to searh and bore for the purpose of asertaining the nature of the subsoil. (3) Where a person proposes to arry out any works authorised by virtue of subsetion (2) he shall not arry out those works unless notie of his intention to do so was inluded in the notie required by subsetion (4), and if the land in question is held by statutory undertakers, and those undertakers objet to the proposed works on the ground that the arrying out thereof would be seriously detrimental to the arrying on of their undertaking, the works shall not be arried out without the authority of the Counil of Ministers. 73 (4) A person authorised under this setion to enter any land shall, if so required, produe evidene of his authority before so entering, and shall not demand admission as of right to any land whih is oupied unless 28 days notie of the intended entry has been given to the oupier. (5) Any person who wilfully obstruts a person ating in the exerise of his powers under this setion shall be guilty of an offene and liable on summary onvition to a fine not exeeding 1,000. (6) If any person who, in ompliane with the provisions of this setion, is admitted to a fatory, workshop, or workplae disloses to any person any information obtained by him therein as to any manufaturing proess or trade seret, he shall, unless the dislosure is made in the ourse of performing his duty in onnetion with the purpose for whih he was authorised to enter the premises, be guilty of an offene and liable on summary onvition to a fine not exeeding 5,000, or on onvition on information to imprisonment for a term not exeeding 2 years or to a fine, or both. Page 28 AT 11 of 1984