65
or aerial telecommunications
network facilities on roads,
streets, squares, and other public spaces under their
administration.
Rights of Entry to land
59. Upon reasonable notice to the owner or occupier of the land, a licensee may—
(a) enter Jand, at reasonable times, for the purpose of gaining access to any existing works or existing lines
(b)
owned by the licensee; and
perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing those
works or lines.
Access to native lands
60. Any request to access to native lands shall be done in accordance with the provisions of the Native Land
Trust Act (Cap. 134).
PART 5—TELECOMMUNICATIONS APPEAL TRIBUNAL
Establishment and constitution of the Tribunal
61.—(1)
members—
(a)
(b)
This section establishes the Telecommunications Appeal Tribunal consisting of the following
aChairperson
not less than 5 and not more than 10 other members.
(2) The Judicial Service Commission may, after consultation with the Minister, appoint the members of the
Tribunal for a term of not exceeding 3 years and the members are eligible. for reappointment.
(3) The Chairperson may select one. or more. members not exceeding 3 members to hear and determine any
appeal made to the Tribunal.
(4) Persons appointed to the Tribunal must have qualifications and experience in one or more of the following
fields; legal, financial, economic, public administration, engineering or telecommunications matters.
(5) The person appointed as the Chairperson must be a legal practitioner of not less than 7 years’ admission
as a legal practitioner either in Fiji or elsewhere.
(6) Subject to subsection (5), a person who is not a resident or citizen of Fiji may be appointed a member of
the Tribunal.
(7) Amember of the Tribunal may hold office concurrently with any other office held by him or her provided
that the office is not related to telecommunications.
(8) No person shall be appointed a member of the Tribunal if the person has a direct or indirect equity or other
financial interest in a licensee, except for indirect interests managed through investment and pension funds where
the member cannot influence the purchase, sale or exercise of voting rights of such an interest.
62.—(1)
Jurisdiction of the Tribunal
The Tribunal has jurisdiction to hear and determine appeals on questions of law and fact from
(a)
any determination of the Authority; or
{c)
any decision to impose, suspend, vary, or revoke a condition of a licence or a spectrum licence; and
{b)
{d)
any decision to refuse, vary, renew, suspend, or revoke a licence or spectrum licence;
any decision to impose a universal service obligation either as the outcome of a tender or based on
substantial degree of market power under section 50.
(2) The Tribunal may, on application by an appellant, order that the decision to which an appeal relates be
stayed pending a final determination of the appeal if the appellant shows on the balance of probabilities that it stands
to suffer substantial harm that cannot be remedied if the decision takes effect in accordance with its terms.