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(2) In this section, “State assets” means any radio frequency spectrum or the national telephone numbering
system and includes any other prescribed telecommunications assets which by international convention or practice
would qualify as a State-owned asset.
Alternative dispute resolution (ADR) schemes
16.—(1)
The Authority must establish one or more alternative dispute resolution (“(ADR”) schemes for
disputes between licensees and between service providers and consumers.
(2) In establishing ADR
licensees.
schemes, the Authority
shall request and take into account proposals from
(3) ADR schemes may be comprised of—
(a)
(b)
mediation, whether conducted by the Authority, persons appointed by the Authority or persons appointed
by the parties or a third party;
adjudication of specific identified matters having limited scope by an expert appointed by the Authority
(c)
such other method as the Authority may determine.
or the parties or a third party; or
(4) The Authority must approve an ADR scheme proposed by licensees if it is—
(a)
fair, transparent and non-discriminatory;
(b)
administered by persons who are for practical purposes independent of the licensees to whom they
(c)
designed to ensure that individuals to be employed under the scheme as mediators, adjudicators, arbitrators
or such other roles as may be contemplated have qualifications and experience to carry out such powers
and functions; and
(d)
apply;
designed to further the objectives of section 3.
{5) The Authority may require those responsible for an approved ADR scheme to report to the Authority
regarding its functioning, and the Authority must withdraw its approval if the ADR
condition in subsection (4).
scheme ceases to meet any
(6) An ADR scheme established under this section may provide for binding decisions, including interim and
conservatory measures.
(7) Any ADR scheme established under this section or any ADR decision, shall not prejudice any rights under
section 18 of this Promulgation or under Part 4 of the Commerce Act.
Powers of the Authority
17. For the purpose of carrying into effect the objectives in section 3, the Authority has the following
powers—
(a)
(b)
(c)
to make determinations in accordance with this Promulgation;
to issue technical rules and standards;
to grant, suspend, vary or revoke licences with respect to telecommunications and spectrum licences
(a)
for the purposes of enforcing compliance with this Promulgation, licences, and determinations, to direct
for using radio spectrum;
a licensee to produce relevant information relating to the. conduct of investigations, and to imposing
conditions and penalties;
(e)
to monitor and enforce compliance with this Promulgation, licences, regulations and determinations,
including by requiring information from licensees, conducting investigations, and imposing conditions
and penalties;
(to perform any other powers assigned to it by this Promulgation or any other written law.