104
Telecommunications Act 2005
2005, No.20
13. General Provisions Related to Licences-(1) Licences
shall be issued by the Regulator, and shall be signed by the
Regulator or a delegate of the Regulator to whom authority has
been delegated under section 9.
(2) A licence is a unilateral grant of permission from the
Regulator to provide a telecommunications service or operator a
telecommunications network, and for all purposes it shall not be
regarded as a contract or bilateral agreement.
(3) Licences shall be in writing, and the Regulator shall
make copies of them available for inspection by the public.
(4) In all circumstances where a licence is required, the
following shall be made publicly available by the Regulator:
(a) the applicable licensing procedures and licensing
criteria; and
(b) the period of time normally required to reach a
decision concerning an application for a licence.
(5) The reasons for denial of a licence shall be provided in
writing by the Regulator to an applicant upon request.
(6) Licences for service providers that provide the same
telecommunications services or own or operate the same
telecommunications networks shall not unfairly discriminate
between such licensees.
(7) The Regulator may issue licences under section (1)
notwithstanding:
(a) any law, including but not limited to this Act, the
Post Office Act 1972 and the Postal and
Telecommunications Services Act 1999; or
(b) any agreement, contract, arrangement, licence or
other
provision
in existence
at
the
commencement date.
(8) Where:
(a) the Regulator has issued a licence under subsection
(1); and
(b) the Attorney General and the Chief Executive Office
of the Ministry of Finance have advised Cabinet
in writing that the grant of such licence has
adversely affected the rights of a party under an
existing agreement, contract, arrangement,
licence or other provision,