41.(1) Where, in the opinion of an operator, the acquisition by the operator of any land or an
interest in any land without the agreement of the owner is necessary for the purpose of providing
telecommunication services to the public, the operator shall advise the Authority.
(2) The Authority shall if it approves the proposal of the operator provide a copy of the
proposal and its approval to the Minister, to the Minister responsible for lands, and to the owner
of, or person having an interest in, the land.
(3) If the Minister responsible for lands is satisfied that the land or interest in land is required
for the purpose of providing telecommunication services to the public, steps shall be taken to
acquire the land or in interest in the land in accordance with the State Acquisition of Land Act.
Part V – Investigations, Inspections, and Enforcement
Inquiries
42.(1) The Authority shall investigate any representation (other than one appearing to be
frivolous) made to the Authority by or on behalf of a person appearing to the Authority to have
an interest in the matter which is the subject of the representation, which relates to
telecommunication services provided or telecommunication apparatus supplied in Kiribati.
(2) The Authority may appoint any person or committee to inquire into and report to the
Authority on any matter concerning the Authority’s functions under this Act.
(3) The Authority shall institute an inquiry if directed to do so by the Minister.
(4) The Authority may, when inquiring into any matter or making a determination, on its own
motion or on the application of any interested person, hold a public hearing where it deems it in
the public interest to do so.
(5) A hearing or a part of a hearing before the Authority may, at the request of any interested
person, be held in camera if that person establishes to the satisfaction of the Authority or the
Authority determines that the circumstances of the case so require.
Decisions of the Authority
43.(1) In respect of any matter to be decided by it, the Authority may make such order or give
such direction as it thinks fit.
(2) The Authority shall give reasons for its decisions.
(3) The Authority may publish its decisions in such manner as it considers appropriate.
Reconsideration of decisions
44.(1) The Authority may, on the application of any interested person or on the Authority’s own
motion, reconsider and rescind or vary any decision by it or rehear a matter considered by it.
(2) Any interested person may, within 10 days from the date of the publication of a decision of
the Authority, apply to the Authority for reconsideration of the decision.
(3) The Authority shall, within 20 days from the receipt of the application for reconsideration
of a decision, either notify the applicant of the Authority’s decision on the application or of the
date on which the Authority will make a decision on the application.
(4) If, 20 days after the filing of an application for reconsideration of a decision, the applicant
has not received a response to the application, the Authority shall be deemed to have affirmed
the decision in respect of which the application for reconsideration was made.
Rules
45.(1) The Authority may make rules not inconsistent with this Act in respect of procedure and
practice in the performance of its functions and exercise of its powers under this Act.
(2) Without limiting the scope of subsection (1), the Authority may make rules prescribing
criteria for the award of costs and related matters.
(3) Rules made by the Authority under this section may be of general application or applicable
in respect of a particular matter or class of matters, and shall be published in the Gazette.
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