2005, No.20
Telecommunications Act 2005
147
70. Public Disaster and State of Emergency-(1) In case
of a public disaster or state of emergency, service providers
shall comply with any directions issued by the Commissioner of
Police and/or the Chief Executive Officer of the Ministry
responsible for disaster co-ordination to respond to or alleviate
problems faced by the public or the Government related to such
disaster or emergency.
(2) Service providers may apply to the Regulator for
compensation or other assistance with the demonstrated costs of
complying with subsection (1), but not for loss of revenues
during any period of service suspension. The Regulator shall
consider any such application in accordance with this Act and
other applicable laws of Samoa, and may make an order
regarding the recovery of such costs.
(3) For the purposes of subsection (1), the Commissioner of
Police and/or the Chief Executive Officer of the Ministry
responsible for disaster co-ordination may determine that any
event or matter is a public disaster.
PART XIV
DISPUTES, OFFENCES AND ENFORCEMENT
71.
Service Provider Disputes-(1)
Where service
providers have been unable to agree on the resolution of a
matter that is related to the Regulator‟s powers under this Act or
other laws of Samoa, then following reasonable efforts to reach
an amicable settlement, one or more service providers may
apply to the Regulator for assistance in resolving the dispute.
(2) In response to any referral under subsection (1), the
Regulator may:
(a) assign a member of the Regulator‟s staff or
consultant to attempt to mediate the dispute;
(b) refer the dispute to the Supreme or District Court; or
(c) issue an order to resolve the dispute.
72. Customer Disputes-(1) Where a customer, other than
a service provider that the parties have been unable to resolve
among themselves, by means of the service provider‟s customer
complaint process or otherwise, including any process approved