TELECOMMUNICATIONS
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CMatt Communications
Established May 17, 1999
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LAWS OF ANTIGUA AND BARBUDA
Telecommunications (CAP. 423)
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Grant of licences
and fees thereon.
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6. (1) Licences under this Act may be
granted by the telecommunications officer and by any person duly
authorized in writing by the Governor-General in that behalf and
shall be for such fees, if any, as the Cabinet may determine.
(2) the telecommunications
officer and every person authorized as aforesaid shall keep a
register in which he shall enter the particulars contained in
every licence issued by him.
7. (1) Every licensed dealer shall keep a book
to be called the "Telecommunications Receiving Set Record
Book" and shall, immediately after receipt of any
telecommunications receiving set, make or cause to be made entry
therein of the date of such receipt, the number and full
description of each kind of receiving set received, and the name
and address of the person or persons from whom received. The licensed
dealer shall also enter in such record book any
telecommunications apparatus which he has constructed or assembled
together for the purpose of use, sale or hire.
(2) Every licensed dealer
shall immediately after delivery of a telecommunications receiving
set, make or cause to be made in the Telecommunications receiving
Set Record Book entry of the date of such delivery, the name and
address of the person to whom delivered, the description of every
telecommunications receiving set delivered, and cause of such
delivery whether on sale, hire, loan or otherwise.
(3) Any person who
contravenes any of the provisions of this section or who in the
purchase, sale, hire, or delivery of any telecommunications
apparatus knowingly makes or causes to be made any false entry or
statement as to any matter which he is required by this section to
make, shall be liable, on summary conviction, to a penalty not
exceeding five hundred dollars.
8. Every person who is required to
possess a licence under this Act shall exhibit his licence for
inspection on demand to the telecommunications officer or any
person duly authorized in writing by him to make such demand or to
a police officer.
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Record book to be kept by licensed dealer
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Inspection of
licence
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LAWS OF ANTIGUA AND BARBUDA
Telecommunications (CAP. 423)
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Liability of occupier.
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9. The occupier of any premises or place in which is
installed any telecommunications apparatus in respect of which a
licence is not in force shall be deemed to have installed the same
unless and until the contrary is proved.
10. (1) No person shall work any telecommunications
apparatus installed on---
(a) any ship whilst that ship is in the territorial sea of
Antigua and Barbuda; or
(b) any aircraft whilst that aircraft is in or over Antigua and
Barbuda or the territorial sea thereof, otherwise than in accordance with rules made in that behalf by
Cabinet.
(2) Any person who
contravenes or permits,
procures or assists in the contravention of any such rules shall
be guilty of an offence under this Act.
11. (1) Notwithstanding anything
contained in this Act any person who owns any telecommunications
apparatus for his own private use, and in respect of which he
holds the appropriate valid licence, may sell or otherwise dispose
of such telecommunications apparatus to any other person without
being licensed as a dealer:
Provided that in the case of the sale or
disposal of any telecommunications apparatus forming part of any
telecommunications station licensed under this Act, the person so
selling or disposing of the same shall within fourteen days of
such sale or disposition notify the telecommunications officer
thereof in writing, stating the name and address of the person
whom such telecommunications apparatus has been sold or otherwise
disposed of, and the description of such telecommunications
apparatus.
(2) Every person who contravenes the provisions
of sub-section (1) shall be guilty of an offence and shall be
liable on summary conviction to a penalty not exceeding two
hundred and fifty dollars.
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Telecommunications
apparatus on ships
and aircraft.
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Disposal of privately owned telecommunications
apparatus.
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LAWS OF ANTIGUA AND BARBUDA
Telecommunications (CAP. 423)
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Disclosure of communications
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12. Any person who---
(a) without authority in writing first had and
received from the Cabinet intercepts any telecommunications not
intended for the general public and discloses or makes use of the
contents, or even discloses the existence of such telecommunications, or
(b) being employed or engaged in any capacity
whatsoever at a telecommunications station, contrary to his duty
discloses or in any way makes use of, or intercepts the contents
or any part of the contents of any message transmitted or received
or to be transmitted or delivered at or from such station, shall be guilty of an offence under this Act.
13. It shall be lawful for the
Governor-General or any other person duly appointed by him in
writing in that behalf to stop the transmission of any telegram in
any case where it appears to the Governor-General that the
contents thereof are dangerous to the security of the Commonwealth
or any part thereof, or contrary to the laws of Antigua and
Barbuda or to public decency.
14. Any person who unlawfully or
maliciously---
(a) removes, injures or destroys any apparatus
or installation for the purpose of telecommunications or any part
of such apparatus or installation; or
(b) obstructs or prevents in any manner
whatsoever the sending, conveying, delivery or receipt of any
message or signal by telecommunications, shall be guilty of an offence and shall on
summary conviction be liable to a penalty not exceeding five
thousand dollars or to imprisonment with or without hard labour
for a term not exceeding six months, or on conviction on
indictment to imprisonment with or without hard labour for a term
not exceeding two years.
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Stoppage of transmission of telegram.
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Injury to apparatus etc., and obstruction.
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LAWS OF ANTIGUA AND BARBUDA
Telecommunications (CAP. 423)
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Search Warrant.
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15. (1) If a Magistrate is satisfied by
information on oath is satisfied by information on oath that there
is reasonable ground for supposing that a telecommunications
station has been or is being established without a licence in that
behalf or that any telecommunications apparatus has been
installed, worked, operated or concealed in any place in Antigua
and Barbuda without a licence in that behalf or contrary to the
provisions of this Act or any rules made there under or of any
licence granted under this Act, he may grant a search warrant
authorizing the telecommunications officer or any police officer
with such assistance as may be necessary to enter, inspect and
search at any time of day or night the station, place, ship or
aircraft, and to seize any apparatus which appears to him to be
used or intended to be used for telecommunications.
(2) All telecommunications apparatus that may be found upon any
such search may, by order of a Magistrate, be forfeited to Her
Majesty.
16. It shall be lawful for the
Governor-General, where in his opinion an emergency has arisen in
which it is expedient for the public service or in the public
interest that her majesty should have control over the
transmission and reception of messages to or from any
telecommunications station in Antigua and Barbuda during such
emergency, to take possession of and assume control of any
telecommunications station or apparatus in Antigua and Barbuda, to
be used for Her Majesty's service and subject thereto for such
ordinary service as may seem fit, or to direct and authorize such
persons as he thinks fit to assume the control of the transmission
and reception of messages either wholly or partly and in such
manner as he directs.
17. No person shall use or cause to be
used any vehicle, apparatus, motor, machinery, installation or
appliance which is capable of causing electrical interference with
the normal and lawful and normal operation or use of any duly licensed
telecommunications station, telecommunications receiving
set or telecommunications apparatus unless such vehicle,
apparatus, motor, machinery, installation, or appliance be first
equipped with filters, suppressors, or other devices or otherwise
so modified as to reduce such electrical interference to a
negligible and acceptable amount to the satisfaction of the
telecommunications officer.
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Control of telecommunications in case of
emergency.
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Suppressors or other devices required to be used for
reducing electrical interference.
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LAWS OF ANTIGUA AND BARBUDA
Telecommunications (CAP. 423)
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Rules.
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18. (1) The Cabinet may make rules in
respect of any matter and for any purpose relating to
telecommunications and for more effectually carrying into effect
the purposes of the Act and may attach to any breach of any such
rules a penalty not exceeding five hundred dollars recoverable on
summary conviction.
(2) In particular and without prejudice to the
generality of the foregoing power such rules may provide for the
following matters---
(a) regulating and prescribing the duties of
tele- communications officers;
(b) the types and forms of licences and the
manner in which applications for licences are to be made;
(c) the licensing of dealers in and the sale or
transfer of telecommunications apparatus;
(d) the terms on which and the conditions and
restrictions subject to which licences shall be granted and the
duties of licensees.
(e) the conditions under which
telecommunications may be worked in Antigua and Barbuda and on
ships or on any aircraft while in or over Antigua and Barbuda or
the territorial sea thereof;
(f) the securing of the safety of the public
from personal injury;
(g) the control, measurement and suppression of
electrical interference in relation to the working of tele-
communications apparatus;
(h) controlling the user of any instrument or
apparatus erected, constructed, established or maintained under a
licence granted under this Act and the transmission or reception
of any messages thereby;
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LAWS OF ANTIGUA AND BARBUDA
Telecommunications (CAP. 423)
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(i) for obtaining secrecy on the part of all
persons employed in or in any way connected with the maintenance
and working of any telecommunications station and prescribing the
form and nature of any oath of secrecy to be taken by any such
person;
(j) the examination of applications for
licences to establish and to operate a telecommunications station
and for the examination of apparatus and equipment; and
(k) the register and records to be kept with
respect to licences issued under this act.
(3) All such rules shall be published in the Gazette,
and as from the date of publication or from the date specified
therein shall have the same force and effect as if they were
contained in and formed part of this Act.
19. (1) A telecommunications officer or
any person duly authorized by him shall have the right at all
reasonable hours to enter and inspect any telecommunications
station in respect of which a licence is issued under this Act. If
on such inspection it is found that the terms, conditions or
restrictions laid down in the licence or in any rule under this
Act are not being complied with, the telecommunications station
and apparatus to be discontinued and thereupon the licence in
respect thereof shall be cancelled
(2) Every person who obstructs the
telecommunications officer or any person duly authorized by him in
the course of his duties under this section shall be guilty of an
offence under this Act.
20. Any person guilty of an offence
under this Act shall, where no penalty is expressly provided, be
liable on summary conviction to a penalty not exceeding three
thousand dollars or to imprisonment with or without hard labour,
for a term not exceeding six months, or both such imprisonment and
fine.
21. Nothing in this Act extends to any
ship or aircraft belonging to or exclusively employed in the
service of Her Majesty or any foreign warship or service
aircraft, or to any telecommunications apparatus thereon.
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Right of entry, etc.
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Penalties.
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Exemption
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