TELECOMMUNICATION ACT 2004 Explanatory Memorandum The advancement in telecommunication technology over the years has been quite fast and dramatic. Our Telecommunication Act 1983 generally cannot catch up with such developments and advancement in telecommunication. Rather than amend the current Act to bring it in line with modern trends, repealing it is inevitable, and putting a new regulatory system in place is preferred. Whereas in the 1983 Act the licensing authority has been in the hands of Government official, the new system takes that away from the Government and now vests it in the hand of an Authority which is a statutory corporation having all the necessary powers to perform the powers and functions covered by this Act. The general objectives of the Authority is set out in Section 3 which includes promoting the development of telecommunication systems and services in accordance with international standards, practises and public demand; providing basic telecommunication services to as many people as practicable in Kiribati at affordable prices; protecting the interests of consumer, purchasers and other users of telecommunication system and service; promoting efficiency and competition among persons engaged in the operation telecommunication system and service; promoting research in telecommunication and fostering innovation in the provision of telecommunication services; and encouraging the introduction of new services. Part II sets up the Telecommunications Authority of Kiribati. Its functions are set out under section 5 which include granting licences for telecommunication systems and services, regulate the interconnection between and access to systems of operators of telecommunication system, regulate rates and charges levied by operators of telecommunication systems and services. In addition to the specific powers, the Authority as a statutory corporation can sue and be sued, enter into contracts, acquire property and do all things necessary in connection with the performance of its functions. The Minister has the power to give directions under section 6. Part III deals with granting of licences and conditions of licence. Division A of that Part deals with telecommunication system and services. Section 17 authorises the Minister in consultation with the Authority to designate a public telecommunication operator any person to operate a telecommunication system and services (one example is TSKL at present). S.18 allows an operator to enter into agreement with another operator for inter connecting of facilities. S.19(1) regulate the tariff or table of charges to be adopted by the operator as approved by the Minister in consultation with the Authority. Division B of Part III deals with Radiocommunication. The granting of licences for radio communication is vested in the Authority. But the setting of fees for such licences is vested in the Minister acting after consultation with the Authority (S.24). Sections 25, 26 and 27 deals with modification of licence, transfer of licence and suspension and revocation of a licence. Part IV empowers an operator to enter land for the purpose of gaining access to existing works or existing lines owned or used by the operator upon giving reasonable notice of intention to enter to the landowner (s.29). Section 30 allows the removal of tree, shrub or plant interfering with a line, upon approval by the landowner. Section 31 provides for removal of such plant, shrub or tree in emergency. Section 32 deals with the construction of repair lines or roads. S.37 prohibits an operator to place the wires or a line to interfere with lawful traffic on a road. Section 38 allows an operator to construct, place and maintain public telephone cabinets. Section 39 provides for compensation for property damaged as a result of exercising of the powers to enter land. S.41 enables the Authority to request the Minister responsible for lands to 28 28