2005, No.20 Telecommunications Act 2005 103 (4) On an appeal under this section the Supreme Court may draw any inference that is not inconsistent with the findings of fact made in the order. (5) Despite any other law, on hearing an appeal under this section the Supreme Court shall have only the jurisdiction and power to: (a) Determine the applicable law; and/or (b) Declare the order subject to appeal, or part of the order, to be lawful or unlawful; and/or (c) Remit the order to the Regulator for further determination by the Regulator in accordance with any determination and/or declaration made under paragraphs (a) and/or (b). PART III TELECOMMUNICATIONS LICENCES 12. Requirement to Hold Licence-(1) No person shall: (a) provide a telecommunications service to the public for direct or indirect compensation; or (b) own or operate a telecommunications network used to provide a telecommunications service to the public for direct or indirect compensation, except under and in accordance with a licence or an exemption order issued by the Regulator: (2) For the purposes of this section: (a) the public includes persons in Samoa or elsewhere; and (b) the provision of telecommunications services to the public includes the provision or offering of such a service to any segment of the public, including the resale of telecommunications services obtained from another person, even if only one person is provided or offered such a service. (3) All telecommunications services and telecommunications networks, other than those described in subsection (1), may be provided without a licence.