46 INTERIM GOVERNMENT OF THE REPUBLIC OF THE FHI ISLANDS TELECOMMUNICATIONS PROMULGATION 2008 (PROMULGATION No. | OF 2008) IN EXERCISE of the powers conferred upon the Interim Government, and upon the exercise of my own deliberate judgement as President of the Republic of the Fiji Islands as to what is best and good for the people of Fiji, and by the executive authority of the State in accordance with section 85 of the Constitution and such other powers as may appertain, and with the advice of Cabinet, I, Josefa Iloilovatu Uluivuda, make this PROMULGATION TO ESTABLISH THE TELECOMMUNICATIONS AUTHORITY OF FIJI AND THE TELECOMMUNICATIONS. APPEAL TRIBUNAL, AND THEIR FUNCTIONS, POWERS AND DUTIES, AND TO PROVIDE FOR THE LICENSING OF TELECOMMUNICATIONS SERVICES AND THE MANAGEMENT AND LICENSING OF RADIO SPECTRUM AND FOR RELATED MATTERS PART 1 —PRELIMINARY 1.—(1) Short title and commencement This Promulgation must be cited as the Telecommunications Promulgation 2008. (2) This Promulgation comes Gazette. 2. into force on a date or dates appointed by the Minister, by notice in the Interpretation In this Promulgation, unless the context otherwise requires— “access to facilities” means the making available of any elements or facilities of a telecommunications network or any telecommunications services to another party for the purpose of providing any kind of telecommunications services; “annual gross revenue” means the annual gross revenue of the previous year from providing any telecommunications services excluding VAT, levies for Universal Service Fund and ADC and any other Government imposed Jevies passed through charges or, in the case of an entity that as at the relevant date has been providing telecommunications services for less that a year, an estimate of the annual gross revenue as so calculated based on the gross revenue for the part of the year ending with the relevant date; “Authority” means the Telecommunications Authority of Fiji established by section 5; “Board” means the Board of the Authority; “Commerce Commission” means the Commerce Commission established under the Commerce Act; “desist order” means an order made under section 79; “determination” means a determination made pursuant to section 18; “facility” means any element or physical component of a telecommunications network (other than. consumer equipment), whether fixed or non-fixed, such as wires, lines, poles, masts, ducts, sites, towers, satellite earth stations, infrastructure, buildings, housing structures, any apparatus using radio spectrum, submarine cables, software systems, number translation systems, virtual network services and other resources used in the provision of a telecommunications service; “Fund” means the Universal Service Fund established under section 53; “Jicence” means a licence issued under Division | of Part 3; “licensee” means the holder of a licence issued under this Promulgation;