52
service provider association if the Telecommunications
Commission considers that it no longer qualifies under
subsection (2).
PART 5 —- SERVICE LICENCES
Service licences
andexemption
36.
(1)
| The Telecommunications Commission may issue
service licences and exemption orders made in accordance with this Part,
and such orders shall be granted on a non-discriminatory and competitively
neutral basis.
(2)
No person shall provide a telecommunications service
except under and in accordance with a service licence or an
exemption order issued by the Telecommunications
Commission under subsection (1).
Service licences
and exemption
orders generally
37
(1)
A service licence authorises the licensee to provide
.
such telecommunications service or services as may be specified in the
licence.
(2)
Where reasonably practicable, the
Telecommunications Commission shall treat a person
seeking a licence to provide a telecommunications service
and the right to use radio frequencies for such service under
a single or coordinated application or registration process or
other arrangement which minimises the administrative
burdens and uncertainties for such persons of dual
application or registration processes.
(3)
Anexemption order exempts the provision of a
specified telecommunications service by any person from
the requirement of a licence under section 36.
(4)
Regardless of their form or content, service licences
and exemption orders comprise the grant of rights to
licensees and are unilateral administrative actions of the
Telecommunications Commission pursuant to its powers
under this Act and not bilateral agreements or contracts.
Individual and class
licences
()
The Telecommunications Commission may issue the
38.
following types of service licences —
(a)
(b)
individual licences; and
class licences.