Telecommunication (Amendment) Bill 1999

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Amend the Telecommunication Ordinance following the consultation on proposals set out in the consultation paper entitled '1998 Review of Fixed Telecommunications---A Considered View' issued by the Information Technology and Broadcasting Bureau in 1998 with a view to enhancing competition safeguards, improving interconnection and access arrangements to telecommunications services, streamlining licensing procedures and providing the Telecommunications Authority with powers over certain technical areas.

Enacted by the Legislative Council.

1. Short title and commencement

(1) This Ordinance may be cited as the Telecommunication (Amendment) Ordinance 1999.

(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Information Technology and Broadcasting by notice in the Gazette.

2. Sections substituted

Sections 1 and 2 of the Telecommunication Ordinance (Cap. 106) are repealed and the following substituted---

'1. Short title

This Ordinance may be cited as the Telecommunications Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires---

'assign' (指配) includes specify;

'associated corporation' (相聯法團), in relation to a licensee, means---

(a) a corporation over which the licensee has control;

(b) if the licensee is a corporation---

(i) a corporation which has control over the licensee; or

(ii) a corporation which is under the same control as is the licensee;

'associated person' (相聯人士) includes---

(a) where the licensee is a natural person---

(i) a relative of the licensee;

(ii) a partner of the licensee and a relative of that partner;

(iii) a partnership in which the licensee is a partner;

(iv) a corporation controlled by the licensee, by a partner of the licensee or by a partnership in which the licensee is a partner;

(v) a director or principal officer of a corporation referred to in subparagraph (iv);

(b) where the licensee is a corporation---

(i) an associated corporation;

(ii) a person who controls the corporation and where the person is a natural person, a relative of the person;

(iii) a partner of a person who controls the corporation and, where the partner is a natural person, a relative of the person;

(iv) a director or principal officer of the corporation or an associated corporation and a relative of the director or principal officer;

(v) a partner of the corporation and, where the partner is a natural person, a relative of the partner;

(c) where the licensee is a partnership---

(i) a partner of the partnership and, where the partner is a natural person, a relative of the partner;

(ii) a corporation controlled by the partnership, a partner in the partnership or where a partner is a natural person, a relative of the partner;

(iii) a corporation of which a partner is a director or principal officer;

(iv) a director or principal officer of a corporation referred to in subparagraph (iii);

'Authority' (局長) means the Telecommunications Authority appointed under section 5;

'basic service' (基本服務) means---

(a) a public switched telephone service including the service connection, continued provision of connectivity, provision of a dedicated telephone number, an appropriate directory listing (except where the customer otherwise directs), a standard telephone handset without switching capacity (except where the customer elects to provide the handset), standard billing and collection services and relevant ancillary services and facilities necessarily utilized by the licensee;

(b) a reasonable number of public payphones including payphones located within publicly or privately owned facilities to which the public have access (including intermittent access);

(c) a reasonable number of public payphones, designed for ease of effective use by the hearing impaired;

(d) a reasonable number of public payphones, designed for access by the physically disabled, including but not limited to those persons using wheelchairs;

(e) operator provided directory enquiries, fault reporting, service difficulty and connection services;

(f) a tropical cyclone warning service;

(g) a thunderstorm and heavy rain warning service;

(h) a flood warning service;

(i) access to a number or numbers for emergency services; and

(j) such other service, as the Authority may include, under regulations made under section 37;

'carrier licence' (傳送者牌照) means a licence issued for the establishment or maintenance of a telecommunications network for carrying communications to or from the public between fixed locations, between moving locations or between fixed locations and moving locations, within Hong Kong, or between Hong Kong and places outside Hong Kong, on a point-to-point, point-to-multipoint or broadcasting basis, such locations within Hong Kong being separated by unleased Government land, but does not include the licences listed in the Schedule;

'carrier licensee' (傳送者牌照持牌人) means the holder of a carrier licence;

'class licence' (類別牌照) means a licence gazetted by the Authority under section 7B;

'communication' (通訊) includes any communication---

(a) whether between persons and persons, things and things or persons and things; and

(b) whether in the form of speech, music or other sounds; or text; or visual images whether or not animated; or signals in any other form or combination of forms;

'control' (控制), in relation to an associated corporation, means having--- (a) a beneficial interest in or control over the exercise of 15% or more of the voting power at a general meeting of the corporation; or

(b) control over the composition of 15% or more of the directors of the board of the corporation;

'customer equipment' (顧客設備) means equipment acquired by a customer of a carrier licensee intended to be connected to the network of that licensee;

'dominant position' (優勢) means dominant position construed in accordance with the provisions of section 7L and the words 'dominance' and 'dominant' shall also be construed accordingly;

'exclusive licence' (專利牌照) means any licence issued on an exclusive basis for operation or provision of telecommunications networks, systems, installations or services;

'external services' (對外服務) means telecommunications services between Hong Kong and places outside Hong Kong;

'fixed carrier licence' (固定傳送者牌照) means a carrier licence issued for communication between fixed locations;

'fixed carrier licensee' (固定傳送者牌照持牌人) means the holder of a fixed carrier licence;

'harmful interference' (有害干擾) means interference which endangers the safety of life or property or seriously degrades, obstructs, or repeatedly interrupts a telecommunications service lawfully carried on within or outside Hong Kong;

'interconnection agreement' (互連協議) means an agreement of a type mentioned in section 36A whether made by mutual agreement or pursuant to a determination under that section;

'interference' (干擾) means the effect of unwanted energy due to any, or a combination of, emission, radiation or induction upon reception in a telecommunications network, system or installation manifested by any performance degradation, misinterpretation or loss of information which could be extracted from that telecommunications network, system or installation in the absence of such unwanted energy;

'issue' (發出) includes grant;

'licensee' (持牌人)---

(a) means the holder of a licence under this Ordinance;

(b) includes---

(i) the holder of a licence granted under section 8 of the Television Ordinance (Cap. 52) which, by virtue of subsection (3) of that section, is deemed to be a licence granted under this Ordinance;

(ii) a person given a right referred to in section 7B(1);

'message' (訊息) means any communication sent or received by telecommunications or given to a telecommunications officer to be sent by telecommunications or to be delivered;

'network' (網絡) means a telecommunications network;

'number portability' (號碼可攜性) means the ability for a customer of a telecommunications service to retain the number or code assigned to him when he changes the location of use or the provider of that service;

'numbering plan' (號碼計劃) means the Hong Kong telecommunications numbering plan which sets out the plan of numbers and codes used or designed for use or in connection with the establishment, operation and maintenance of any means of telecommunications under---

(a) a licence; or

(b) an order made by the Chief Executive in Council under section 39;

'payphone' (收費電話機) means a telephone connected to a public telecommunications system which cannot be used to make a call (other than specified free calls) unless payment can be collected, or authorized, at the time a call is made;

'public place' (公眾地方) means a place to which the public or a section of the public may or are permitted have access from time to time, whether by payment or not, but does not include a vessel, aircraft, vehicle or other means of transport;

'public telecommunications service' (公共電訊服務) means a telecommunications service which is offered for use to the general public;

'radiated interference' (輻射干擾) means any interference transmitted other than through a guided medium;

'radio spectrum' (無線電頻譜) means the range of frequencies within which radiocommunications are capable of being carried out;

'radio transmitter' (無線電發射器) means any radiocommunications apparatus designed or intended to transmit or emit radio waves;

'radio waves' (無線電波) means electromagnetic waves of frequency lower than 3000 GHz propagated in space without an artificial guide;

'radiocommunications' (無線電通訊) means telecommunications by means of radio waves;

'radiocommunications installation' (無線電通訊裝置) means a radio transmitter, receiver, aerial, support structure, ancillary equipment or apparatus used or intended for use in connection with radiocommunications;

'relative' (親屬) means the spouse, parent, child, brother or sister of the relevant person (whether of full blood or half-blood or by affinity);

'Secretary' (政策局局長) means the Secretary of a policy bureau in the Government Secretariat appointed by the Chief Executive for the purposes of the administration of this Ordinance;

'sound broadcast receiving apparatus' (聲音廣播接收器具) means an apparatus which is capable of receiving sound only, transmitted by means of radiocommunications or by wire for reception by the general public;

'space object' (空間物體) has the meaning assigned to it in section 2 of the Outer Space Ordinance (Cap. 523);

'telecommunications' (電訊) means any transmission, emission or reception of communication by means of guided or unguided electromagnetic energy or both, other than any transmission or emission intended to be received or perceived directly by the human eye;

'telecommunications industry' (電訊業) means the industry comprising the persons who provide or supply telecommunications networks, systems, installations, customer equipment or services;

'telecommunications installation' (電訊裝置) means apparatus or equipment maintained for or in connection with a telecommunications network, telecommunications system or telecommunications service;

'telecommunications line' (電訊線路) means any wire, cable, duct, optical fibre, filament, line, pipe, pole, post, tube, conduit, support structure, ancillary equipment or apparatus or other physical medium used or intended for use as a continuous artificial guide for or in connection with telecommunications;

'telecommunications market' (電訊市場) means any market for the provision or acquisition of telecommunications networks, telecommunications systems, telecommunications installations, or customer equipment or services;

'telecommunications network' (電訊網絡) means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both;

'telecommunications officer' (電訊人員) means any person employed in connection with a telecommunications service;

'telecommunications service' (電訊服務) means a service for the carrying of communication by means of guided or unguided electromagnetic energy or both;

'telecommunications system' (電訊系統) means any telecommunications installation, or series of installations, for the carrying of communication by means of guided or unguided electromagnetic energy or both;

'universal service obligation' (全面服務責任) means the provision of a good, efficient and continuous basic service by a carrier licensee subject to a universal service obligation to all persons within the areas of Hong Kong covered by that obligation;

'vessel' (船隻) has the same meaning as defined in the Shipping and Port Control Ordinance (Cap. 313).

(2) Without prejudice to the operation of any other provision of this Ordinance conferring power on the Authority to issue guidelines, the Authority may, for the purpose of providing practical guidance in respect of any requirements under this Ordinance imposed on a person or class of persons, issue such guidelines as in his opinion are suitable for the purpose.'.

3. Sections added

The following are added in Part II---

'6A. Powers of Authority

(1) The Authority may do all things necessary to be done to perform his functions under this Ordinance.

(2) The Secretary may issue written policy directions to the Authority pursuant to which the Authority is to carry out his functions and exercise his powers.

(3) In exercising his powers under this Ordinance, the Authority when--- (a) forming an opinion or making a determination, direction or decision shall only do so on reasonable grounds and having regard to relevant considerations; (b) making a determination, direction or decision shall provide reasons in writing for it.

(4) A policy direction issued under subsection (2) may include a direction not to issue, before a date specified in the direction, any new licence of a type which may be issued under section 7(5).

(5) A policy direction issued under subsection (2) shall be published in the Gazette as soon as practicable after its issue.

6B. Powers of Authority in relation
to services with places outside
Hong Kong

(1) A licensee shall not enter into any agreement or arrangement with a supplier of international public switched services in a place outside Hong Kong the purpose or the effect of which is to substantially distort competition in the supply of external services between that place, or another place, and Hong Kong.

(2) Where, following consultation with the licensee, the Authority reasonably concludes that an agreement or arrangement substantially distorts competition in the supply of external services between a place, or another place, and Hong Kong, the Authority may give directions to the licensee and the licensee shall comply with such directions given.

(3) The Authority may issue guidelines as to whether any agreement or arrangement has the purpose or effect prescribed by subsection (1).

(4) For the avoidance of doubt, in this section 'agreement or arrangement' (協議或安排) includes an agreement, arrangement, understanding or the like in relation to payments between service suppliers whether by way of the international accounting methods or establishing rates, revenue divisions, termination charges, or any other like charge.'.

4. Sections substituted

Section 7 is repealed and the following substituted---

'7. Issue of licences

(1) Subject to Part IIIA, the Chief Executive in Council may, for an exclusive licence under this Ordinance---

(a) determine the conditions of the licence including (but not limited to)---

(i) the period of validity;

(ii) the payment of fees and royalty;

(iii) the frequency of any payments;

(b) grant the licence; and

(c) publish notice of the grant of the licence as he sees fit.

(2) The Secretary may by regulations prescribe---

(a) the general conditions, including the period of validity, for a carrier licence other than an exclusive licence; and

(b) the fees payable including for the grant and renewal of a carrier licence other than an exclusive licence and by way of annual fees.

(3) Before making a regulation under subsection (2), the Secretary shall---

(a) by notice in the Gazette invite members of the public who are interested to make representations by a date not less than 21 days after the notice is published and as specified in the notice; and

(b) consider the representations received by the date.

(4) The Secretary may by order published in the Gazette amend the Schedule.

(5) The Authority may issue a licence other than an exclusive licence.

(6) For licences other than exclusive licences and carrier licences, the Authority may determine---

(a) the form of licences;

(b) the conditions of licences;

(c) the period for which a licence is valid;

(d) the types of licences, including class licences, to be issued;

(e) the fees payable including for the grant and renewal of licences and by way of annual fees.

(7) Without limiting the general nature of the conditions that may be prescribed for or attached to a licence, the conditions may relate to---

(a) the manner of service provision;

(b) interconnection;

(c) interference;

(d) adherence to technical standards;

(e) compliance with directions, guidelines, codes of practice, regulations, this Ordinance and international obligations;

(f) universal service obligations;

(g) accounting practices;

(h) the provision of information;

(i) tariffs;

(j) network coordination;

(k) protecting customer information;

(l) prohibiting unfair market practice;

(m) the regulation of a dominant licensee;

(n) the provision of performance bonds.

(8) The Authority shall publish in the Gazette the form of a licence he issues together with the general conditions to be imposed under the licence.

(9) The Authority shall maintain a register of licences and general conditions he publishes in the Gazette.

(10) The Authority may authorize the provision of ancillary and associated services under a licence and, where such services are so authorized, the licence shall be deemed to be granted in respect of those services.

7A. Special licence conditions

The Authority may attach special conditions, consistent with this Ordinance and not inconsistent with the prescribed general conditions, to a licence he is empowered to issue, including special conditions on a carrier licence in addition to the prescribed general conditions and which special conditions are to be interpreted subject to the prescribed general conditions.

7B. Class licences

(1) A class licence gives a person the right to carry on the activities specified in the class licence that are prohibited under section 8(1) except under a licence subject to the conditions of the class licence.

(2) The Authority may create a class licence for telecommunications networks, systems, installations or services.

(3) Before creating a class licence, the Authority shall---

(a) by notice in the Gazette invite members of the public who are interested to make representations by a date not less than 21 days after the notice is published and as specified in the notice; and

(b) consider the representations received by the date.

(4) The Authority shall not create a class licence---

(a) for a telecommunications network, system, installation or service that is subject to an exclusive licence; or

(b) for a telecommunications network, system, installation or service subject to the requirement for a carrier licence.

(5) The Authority shall ensure that a class licence is consistent with any general policy directions issued by the Secretary and any regulations made under this Ordinance.

(6) The Authority shall publish a class licence in the Gazette specifying---

(a) the telecommunications networks, systems, installations or services that eligible persons may supply or use;

(b) the conditions of the class licence; and

(c) the qualification that a person is required to possess before he is eligible to be licensed under the class licence.

(7) Without limiting the general nature of the conditions that may be prescribed for or attached to a licence, the Authority may include in the conditions for a class licence---

(a) the scope of the telecommunications network, system, installation or service;

(b) technical and operational standards for the supply of the telecommunications network, system, installation or service;

(c) the manner in which the person is to supply the telecommunications network, system, installation or service;

(d) the location in which the person is to supply the telecommunications network, system, installation or service;

(e) the rights of consumers in the supply of the telecommunications network, system, installation or service;

(f) interconnection requirements for the telecommunications network, system, installation or service;

(g) a requirement for the person to supply information including technical, financial and accounting information for the telecommunications network, system, installation or service;

(h) a requirement for the person to publish tariffs for the service or the different classes of service provided under the class licence;

(i) requirements to ensure fairness and quality of the services supplied;

(j) requirements to ensure the person complies with fair market conduct;

(k) a requirement for the person to register with the Authority before the supply of the telecommunications network, system, installation or service can commence;

(l) a requirement to adhere to the numbering plan;

(m) a prohibition on the illegal use of the telecommunications network, system, installation or service;

(n) any safety requirements; and

(o) any other provision that the Authority considers necessary for the control of activities under a class licence.

7C. Variation of class licence

(1) The Authority may vary the conditions of a class licence by notice in the Gazette.

(2) The Authority may in varying a class licence---

(a) specify further telecommunications networks, systems, installations or services that a person may supply under the licence;

(b) vary or revoke the type of telecommunications network, system, installation or service that a person may supply under the licence;

(c) add conditions to the licence; and

(d) vary or revoke conditions in the licence.

(3) The Authority shall not vary a class licence so that it is inconsistent with---

(a) a general policy direction of the Secretary;

(b) the regulations made under this Ordinance; or

(c) the rights of an exclusive licensee or a carrier licensee.

(4) Before varying a class licence, the Authority shall by notice in the Gazette---

(a) state that he proposes to vary the class licence specified in the notice;

(b) state the subject matter of the variations to the class licence;

(c) set out where a member of the public may purchase a copy of the class licence and the proposed variations;

(d) invite members of the public who are interested to make representations by a date set out in the notice; and

(e) give an address to which a member of the public may send representations about the proposed variation.

(5) A person may make representations to the Authority on the proposed variation to the class licence not later than the date set out in the notice in the Gazette.

(6) Before varying a class licence, the Authority shall consider all representations made by any person.

(7) The Authority may vary a class licence if the requirements of this section are substantially complied with.

7D. Register of class licences

(1) The Authority shall keep a register of the types of class licences he has created.

(2) For those class licences that specify that the licensee shall be registered with the Authority, the Authority shall keep a register of the registered licensees.

(3) The Authority shall keep the registers available for public inspection during the normal business hours of the Authority.

7E. Permits

(1) The Authority may issue a permit to a person to carry out an activity prohibited under section 8 for a period not exceeding 6 months---

(a) for the purpose of a field test;

(b) for the purpose of a demonstration;

(c) in connection with an event; or

(d) for a purpose that the Authority determines.

(2) The Authority may issue a permit subject to conditions necessary or desirable for the regulation of telecommunications under this Ordinance.

7F. Tariffs

(1) A licensee shall publish its tariffs in accordance with the requirements of its licence or directions issued in writing by the Authority.

(2) A licensee shall include in the published tariffs the terms on which the telecommunications service is provided including---

(a) a description of the service;

(b) discounts, allowances, rebates or credits given or allowed on the supply of the service;

(c) the supply of goods or other services related to the service;

(d) the payment for goods or other services related to the service; and

(e) any other relevant information that the Authority considers necessary as a part of the terms and conditions.

(3) A carrier licensee shall not, without the Authority's prior written consent, combine a number of telecommunications services into a single tariff without offering to its customers the services separately at individual tariffs.

(4) The Authority may require a carrier licensee to provide a telecommunications service, which the licensee includes in a tariff for a combination of a number of telecommunications services, separately at a specified single tariff.

7G. Price control

The Secretary may by regulations provide---

(a) for a fixed carrier licensee who is in a dominant position in a telecommunications market to be subject to the price control measures that the Secretary determines on the advice of the Authority; and

(b) for a carrier licensee who is in a dominant position in a telecommunications market specified by the Authority for the purposes of tariff control not to charge more or less than its published tariffs.

7H. Accounting practices

A licensee shall adopt the accounting practices, consistent with accounting practices generally accepted, that the Authority specifies.

7I. Information

(1) A person who provides or offers a public telecommunications service shall supply the Authority in the manner and at the times the Authority requests the information relating to its business that the Authority may reasonably require to perform his functions.

(2) A person shall not refuse to supply information reasonably requested under subsection (1) on the basis that the information is the subject of a confidentiality agreement that prevents the person from releasing the information.

(3) The Authority may disclose information supplied to him under this section subject to the requirement in subsection (4) and if the Authority considers that it is in the public interest to disclose that information.

(4) The Authority shall give a person a reasonable opportunity to make representations on a proposed disclosure of information obtained under this section before the Authority makes a final decision to disclose the information if the Authority considers that the disclosure---

(a) would result in the release of information concerning the business, commercial or financial affairs of the person supplying the information; and

(b) could reasonably be expected to affect adversely the person's lawful business, commercial or financial affairs.

7J. Inspection, etc., of facilities

(1) The Authority may, on giving reasonable prior written notice to a licensee, enter and inspect the offices, premises and places in Hong Kong where the licensee has installed a facility (including equipment associated with the facility), or used for providing services, to verify that the licensee is complying with the licence conditions.

(2) A licensee shall provide and maintain, up to the reasonable technical standards set by the Authority, facilities to enable the Authority to inspect, test, read or measure, as the case may require, any telecommunications installations, equipment (including but not limited to testing instruments), premises or places used or to be used for the installation of a telecommunications facility or the provision of a telecommunications service.

(3) A licensee may, at its option, and shall, on the prior written request of the Authority, and subject to the Authority giving reasonable prior written notice, provide a representative to be present at any inspection, testing, reading or measurement by the Authority.

(4) The Authority may, on giving reasonable prior written notice to a licensee, direct the licensee to demonstrate that a telecommunications installation complies with the technical requirements imposed under this Ordinance and regulations made under this Ordinance or any other directions that the Authority issues under this Ordinance or regulations made thereunder.

(5) A licensee shall provide adequate testing instruments and operating staff for the purposes of this section and otherwise comply with the directions of the Authority under this section.

7K. Anti-competitive practices

(1) A licensee shall not engage in conduct which, in the opinion of the Authority, has the purpose or effect of preventing or substantially restricting competition in a telecommunications market.

(2) The Authority in considering whether conduct has the purpose or effect prescribed under subsection (1) is to have regard to relevant matters including, but not limited to---

(a) agreements to fix the price in a telecommunications market;

(b) an action preventing or restricting the supply of goods or services to competitors;

(c) agreements between licensees to share any telecommunications market between them on agreed geographic or customer lines;

(d) the conditions of relevant licences.

(3) Without limiting the general nature of subsection (1), a licensee engages in conduct prescribed under that subsection if he---

(a) enters into an agreement, arrangement or understanding that has the purpose or effect prescribed by that subsection;

(b) without the prior written authorization of the Authority, makes the provision of or connection to a telecommunications network, system, installation, customer equipment or service conditional upon the person acquiring it also acquiring or not acquiring a specified telecommunications network, system, installation, customer equipment or service, either from the licensee or from another person;

(c) gives an undue preference to, or receives an unfair advantage from, an associated person if, in the opinion of the Authority, a competitor could be placed at a significant disadvantage, or competition would be prevented or substantially restricted.

(4) The Authority may issue guidelines as to whether any conduct would in his opinion have the purpose or effect prescribed by subsection (1).

7L. Abuse of position

(1) A licensee in a dominant position in a telecommunications market shall not abuse its position.

(2) A licensee is in a dominant position when, in the opinion of the Authority, it is able to act without significant competitive restraint from its competitors and customers.

(3) In considering whether a licensee is dominant, the Authority shall take into account relevant matters including, but not limited to---

(a) the market share of the licensee;

(b) the licensee's power to make pricing and other decisions;

(c) any barriers to entry to competitors into the relevant telecommunications market;

(d) the degree of product differentiation and sales promotion;

(e) such other relevant matters as may be stipulated in guidelines concerning the test of dominance issued by the Authority in consultation with the licensees in the relevant telecommunications market.

(4) A licensee who is in a dominant position is deemed to have abused its position if, in the opinion of the Authority, the licensee has engaged in conduct which has the purpose or effect of preventing or substantially restricting competition in a telecommunications market.

(5) The Authority may consider conduct to fall within the conduct referred to in subsection (4) as including, but not limited to---

(a) predatory pricing;

(b) price discrimination, except to the extent that the discrimination only makes reasonable allowance for differences in the costs or likely costs of supplying telecommunications networks, systems, installations, customer equipment or services;

(c) making conclusion of contracts subject to acceptance by other parties of terms or conditions which are harsh or unrelated to the subject of the contract;

(d) arrangements (other than arrangements the subject of an authorization referred to in section 7K(3)(b)) requiring a person seeking the provision of or connection to a telecommunications network, system, installation, customer equipment or service conditional upon the person acquiring it also acquiring or not acquiring a specified telecommunications network, system, installation, customer equipment or service either from the licensee providing the service or from another person;

(e) discrimination in supply of services to competitors.

7M. Misleading or deceptive conduct

(1) A licensee shall not engage in conduct which, in the opinion of the Authority, is misleading or deceptive in providing or acquiring telecommunications networks, systems, installations, customer equipment or services including (but not limited to) promoting, marketing or advertising the network, system, installation, customer equipment or service.

(2) The Authority may issue guidelines as to whether any conduct has the purpose or effect prescribed by subsection (1).

7N. Non-discrimination

(1) Subject to subsection (4) and without prejudice to the operation of section 7K, a licensee who is in a dominant position in a telecommunications market shall not discriminate between persons who acquire the services in the market on charges or the conditions of supply.

(2) Subject to subsection (4), an exclusive licensee or a carrier licensee shall not discriminate between a person who lawfully acquires and uses telecommunications networks, systems, installations, customer equipment or services to provide services to the public and any other person who is not providing a service to the public.

(3) Discrimination includes discrimination relating to---

(a) charges, except to the extent that the discrimination only makes reasonable allowance for difference in the cost or likely cost of supplying the service;

(b) performance characteristics; and

(c) other terms or conditions of supply.

(4) The prohibitions in subsections (1) and (2) apply only where in the opinion of the Authority such discrimination has the purpose or effect of preventing or substantially restricting competition in a telecommunications market.

7O. Transitional provisions applicable
to the repealed section 7

Where, immediately before the commencement of section 4 of the Telecommunication (Amendment) Ordinance 1999 ( of 1999), there was in existence a licence granted or deemed to be granted under section 7, then, on and after that commencement, the licence shall, for the unexpired period of validity it had left to run immediately before that commencement and subject to the same conditions to which it was subject immediately before that commencement, be deemed to be a licence granted under this Ordinance, and the other provisions of this Ordinance (including any power under this Ordinance to cancel, withdraw or suspend a licence granted under this Ordinance) shall apply accordingly.'.

5. Prohibition of establishment and maintenance
of means of telecommunications, etc., except
under licence

Section 8 is amended---

(a) in subsection (1)---

(i) by adding 'or licensed' after 'registered';

(ii) by adding---

'(aa) offer in the course of business a telecommunications service; or';

(b) by adding---

'(1A) For the purpose of subsection (1)(aa), a person is to be regarded as offering a telecommunications service if---

(a) he makes an offer which, if accepted, would give rise to an agreement, arrangement or understanding for the provision of a telecommunications service by him or by another person with whom he has made an arrangement for the provision of the telecommunications service; or

(b) he invites a person to make an offer of the kind referred to in paragraph

(a).'.

6. Control of use of radiocommunications apparatus
on vessel in Hong Kong waters

Section 10 is amended---

(a) in subsection (3), by repealing 'Radiocommunication' and substituting 'Radiocommunications';

(b) in subsection (6), by repealing 'INMARSAT' where it twice appears and substituting 'Inmarsat';

(c) in subsection (9)---

(i) in paragraphs (a), (b) and (e), by repealing 'INMARSAT' and substituting 'Inmarsat';

(ii) in paragraph (b)---

(A) by repealing 'Maritime' where it twice appears and substituting 'Mobile';

(B) by repealing '(國際海事' and substituting '(國際移動'.

7. Power to place and maintain telecommunications
lines, etc., on land, etc.

Section 14 is amended---

(a) in subsection (1)---

(i) by adding 'or seabed and may enter upon the land or seabed for the purpose of site inspection, or other activities for or incidental to placement and maintenance of a telecommunications line' after 'any land';

(ii) in paragraph (a), by adding 'or seabed' after 'land';

(b) by adding---

'(1A) Notwithstanding any other law, but subject to subsections (1B) and (2), any licensee authorized by the Authority for any particular occasion may---

(a) place and maintain a radiocommunications installation in, over or upon any land for the purpose of providing a radiocommunications service to a public place;

(b) enter any such land for the purpose of---

(i) inspecting it; or

(ii) other activities which are for the purpose of or incidental to the maintenance and placement of the installation.

(1B) The Authority shall not grant an authorization referred to in subsection

(1A)---

(a) unless he is satisfied that the authorization is in the public interest; and

(b) except after taking into account---

(i) whether an alternative location can be reasonably utilized for placing the radiocommunications installation to which the authorization, if granted, will relate;

(ii) whether or not there are technical alternatives to the installation;

(iii) whether or not the utilization of the public place to which the authorization, if granted, will relate is critical for the supply of the service by the licensee seeking the authorization;

(iv) whether or not that public place has available capacity to be so utilized having regard to the current and reasonable future needs of the occupants of that public place; and

(v) the costs, time, penalties and inconvenience to the licensee and the public of the alternatives, if any, referred to in subparagraph (ii).

(1C) Paragraph (a) of subsection (1) shall apply to land referred to in subsection (1A) as it applies to land referred to in subsection (1).';

(c) by repealing subsection (2) and substituting---

'(2) In exercising the powers conferred by subsection (1) or (1A), as the case may be, the Authority or the licensee, as the case may be, shall---

(a) give reasonable notice to the owner of any land or seabed or to the person in control of any land or seabed of his or its intention to enter upon that land or seabed;

(b) do as little damage as possible,
and---

(i) full compensation shall be paid by the Authority, or the licensee, as the case may be, to any person having a lawful interest in the land or seabed, or being lawfully thereon, who suffers physical damage as a result of the exercise of those powers;

(ii) where subsection (1A) is applicable, a fee (which may be a once only fee or a monthly or annual fee) shall be paid---

(A) which is, in the opinion of the Authority, fair and reasonable in all the circumstances of the case; and

(B) by the licensee to any person having a lawful interest in the land.'; (d) in subsection (3)---

(i) by adding 'or (1A), as the case may be' after 'subsection (1)';

(ii) in paragraph (b), by adding 'or upon the seabed' after 'Government land';

(e) by adding---

'(4) The Authority, or a licensee authorized by the Authority under subsection (1) or (1A), as the case may be, may apply to a magistrate for an order that a person shall not prevent or obstruct the Authority or the licensee, as the case may be, from exercising the powers conferred by that subsection.

(5) Where subsection (1A) is applicable---

(a) the licensee and the person having a lawful interest in the land concerned shall endeavour to come to an agreement as to the fee to be paid under that subsection by the licensee to that person;

(b) in the absence of any such agreement within a reasonable time---

(i) the Authority shall determine the fee; and

(ii) the fee so determined shall be---

(A) fair and reasonable in all the circumstances of the case; and

(B) payable in accordance with the terms and conditions specified by the Authority in the determination.

(6) (a) The Authority may issue a certificate certifying that a licensee has the right of access under subsection (1) or (1A) to the land or seabed specified in the certificate to place and maintain telecommunications lines, or a radiocommunications installation, as the case may be, in, over or upon the land or seabed.

(b) Where a person having an interest in the land or seabed specified in a certificate referred to in paragraph (a) does not allow the licensee concerned to gain access to the land or seabed for the purpose of placing and maintaining telecommunications lines, or a radiocommunications installation, as the case may be, in, over or upon the land or seabed, the licensee may apply to the court for an injunction.

(c) The Authority may issue guidelines setting out the manner in which the right of access under subsections (1) and (1A) is to be exercised by the licensee with such right.

(7) In subsections (1) and (1A), 'land' (土地) does not include land for the exclusive occupation or use of any person whilst the land is being so occupied or used.'.

8. Removal, etc., of line, post or installation
where necessary by reason
of use of land, etc.

Section 16(1) is repealed and the following substituted---

'(1) Where any person desires to use land or seabed in a way that makes it necessary to remove to another part of the land or seabed a telecommunications line, post or radiocommunications installation maintained by the Authority or a licensee in, over or upon the land or seabed under section 14 or to alter such telecommunications line, post or radiocommunications installation in any way, he may by written notice served upon the Authority or licensee, as the case may be, require the removal or alteration of the telecommunications line, post or radiocommunications installation.'.

9. Trees interrupting telecommunications

Section 17(1) is amended by adding 'or radiocommunications installation' after 'line' where it twice appears.

10. Work affecting telecommunications lines, etc.

Section 18 is amended---

(a) by adding 'or seabed' after 'land' wherever it appears;

(b) in subsections (1) and (2), by adding 'or radiocommunications installation' after 'line' wherever it appears.

11. Section substituted

Section 19 is repealed and the following substituted---

'19. Power to enter on land, etc., to inspect, repair, etc., telecommunications lines, etc.

The Authority and a licensee may at such times as may be necessary enter upon any land or seabed in, over or upon which he maintains a telecommunications line, post or radiocommunications installation for the purpose of inspecting, repairing, removing or altering the telecommunications line, post or radiocommunications installation.'.

12. Interpretation

Section 19A is amended---

(a) by renumbering it as section 19A(1);

(b) by adding---

'(2) In this Part 'seabed' (海床) includes an estuary or arm of the sea or the shore or bed of any tidal waters within the boundaries of Hong Kong.'.

13. Section added

The following is added in Part IV---

'19B. Right of access to public telecommunications services

(1) A term in a lease agreement, deed of mutual covenant or commercial contract that restricts the right of a resident or occupier, or deprives a resident or occupier of the right, to have access to the public telecommunications services of his choice is void on and after the day on which this section comes into operation.

(2) Subsection (1) shall apply to any agreement, deed or contract entered into before, on or after the day on which this section comes into operation.'.

14. Part heading amended

The heading to Part V is amended by adding ', Enforcement' after 'Offences'.

15. Sections added

The following are added---

'32A. Use of unauthorized frequencies

A licensee who possesses or uses a radio transmitter operating on a frequency, or installed at a location, not authorized under its licence commits an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years.

32B. Unauthorized dealing in radio transmitters

A licensee authorized to deal in radio transmitters in the course of trade or business---

(a) who sells or offers to sell or delivers a radio transmitter to a person who is not licensed, or issued with a permit, or exempt from licensing, to possess or use that transmitter;

(b) who sells or offers to sell or delivers a radio transmitter the sale or delivery of which is prohibited under a condition of the licence; or

(c) where the licence conditions provide that the sale or delivery of a particular class of radio transmitters shall be recorded in a transaction register in accordance with the licence conditions, who fails to make the record upon sale or delivery, commits an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years.

32C. Unauthorized modification of
radio transmitters

A person who knowingly, and without lawful excuse, modifies, or causes to be modified, a radio transmitter that is licensed or authorized under a permit under this Ordinance so that the possession or use of the modified radio transmitter contravenes the licence or permit commits an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years.'.

16. Parts added

The following are added---

'PART VA

Technical Regulation

32D. Standards

(1) The Authority may prescribe standards and specifications of---

(a) telecommunications networks, systems, installations, customer equipment and services;

(b) other non-telecommunications equipment generating, deliberately or incidentally, radio frequency energy that may cause interference to telecommunications networks, systems, installations, customer equipment and services; and

(c) other non-telecommunications equipment that may suffer interference from telecommunications networks, systems, installations, customer equipment and services,

in pursuit of the following objectives---

(i) to prevent or reduce radio interference or the risk of interference to telecommunications networks, systems, installations, customer equipment and services;

(ii) to facilitate correct, efficient or reliable operation of telecommunications;

(iii) to ensure safety and health of users and personnel affected by electrical voltages or non-ionising electromagnetic radiation from telecommunications apparatus;

(iv) to ensure that equipment complies with international or recognized industrial standards;

(v) to ensure the compatibility of the interfacing equipment between 2 or more interconnecting telecommunications networks, systems, installations, customer equipment or services;

(vi) to ensure the interoperability of customer equipment with the telecommunications system to which it is connected;

(vii) to ensure an acceptable quality of reception of telecommunications services;

(viii) as a means to achieve the objectives of this Ordinance.

(2) Before prescribing the standards and specifications under subsection (1), the Authority shall consult with the telecommunications industry.

32E. Certification requirements

The Authority may---

(a) test or require the testing of equipment or installations against prescribed specifications;

(b) determine the measuring apparatus to be used, the method by which and the conditions under which tests are to be made;

(c) issue certificates to certify that the equipment or installation complies with prescribed specifications if the Authority is satisfied that the equipment or installation complies with the specifications;

(d) prescribe the labels to be affixed to the equipment or installation to show that the equipment or installation complies with the prescribed specifications and to impose requirements for securing information to be marked on, to be given in advertisements or to accompany specified telecommunications equipment or a specified installation;

(e) by order prescribe that equipment or an installation shall not be offered for sale unless the equipment or installation complies with the prescribed specifications or bears the prescribed label;

(f) recover the actual costs incurred plus overhead from persons submitting equipment or installations for testing against the prescribed specifications;

(g) accredit other organizations or institutions for the purpose of carrying out the responsibilities set out in paragraphs (a) and (c).

32F. Power of Authority in relation to
numbering plan

(1) All powers and privileges relating to or connected with the numbering plan, including its ownership and control, are vested in the Authority.

(2) The Authority shall promote the efficient and equitable allocation and use of numbers and codes in the numbering plan.

(3) The Authority may---

(a) prepare, specify, approve, publish, administer (including, in particular, allocate, assign, lease or sell the right to use a number or a code, a block or blocks of numbers or a block or blocks of codes), enforce and amend the numbering plan;

(b) issue codes of practice relating to the use of numbers and codes in the numbering plan, and any code so issued may include provisions relating to number portability;

(c) designate, or approve on request by any person, a number or a code, a block or blocks of numbers or a block or blocks of codes in the numbering plan to be the subject of special allocation, assignment, lease or sale as provided for under regulations made by the Secretary under subsection (5);

(d) recover the cost of administration of the numbering plan from the allocation, assignment, lease or sale of right to use numbers and codes in the numbering plan;

(e) delegate the administration of the numbering plan or a part of the numbering plan to any person.

(4) The Authority may issue directions in writing to require a licensee or a person who is exempted from licensing under section 39 to---

(a) submit information on the utilization of numbers and codes to which it has been allocated or assigned;

(b) adhere to the numbering plan; and

(c) observe the codes of practice issued by the Authority under subsection (3)(b).

(5) The Secretary may by regulation---

(a) provide for---

(i) the allocation, assignment, lease or sale, whether by auction, tender or for consideration, or otherwise of;

(ii) the amount of fees to be levied for,

the right to use a number, a code, a block or blocks of numbers or a block or blocks of codes designated, or approved on request by any person, by the Authority under subsection (3)(c);

(b) require any proceeds arising out of any allocation, assignment, lease or sale referred to in paragraph (a), less the administrative costs of carrying out the allocation, assignment, lease or sale, to be---

(i) either---

(A) paid to a charitable institution or an institution carrying out education, or research and development, activities connected with telecommunications; or

(B) applied towards promoting education, or research and development, connected with telecommunications; or

(ii) paid into a fund established by the Authority for the purpose of holding such proceeds prior to the payment or application of the funds referred to in subparagraph (i);

(c) impose requirements on the Authority in relation to the establishment and management of any such fund.

(6) The amount of any fees prescribed under subsection (5) need not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in relation to the allocation, assignment, lease or sale of a number or code.

PART VB

Management of Radio Spectrum and
Prevention of Interference

32G. Spectrum management

(1) The Authority shall promote the efficient allocation and use of the radio spectrum as a public resource of Hong Kong.

(2) Before exercising his powers under sections 32H(2)(a) and (b) and 32I(1), the Authority shall consult with the telecommunications industry.

32H. Power to allocate frequency

(1) The Authority may assign---

(a) frequencies and bands of frequencies in all parts of the radio spectrum used in Hong Kong or on board a ship, aircraft or space object that is registered or licensed in Hong Kong; and

(b) satellite orbital positions and parameters for satellites registered or licensed in Hong Kong, and shall keep a central register of the frequencies, bands of frequencies and satellite orbital positions and parameters assigned.

(2) The Authority may---

(a) subject to the consultation requirement under section 32G(2), divide any part of the radio spectrum into the number of bands of frequencies he thinks appropriate and specify the general purpose for which each band may be used;

(b) subject to the consultation requirement under section 32G(2), divide a frequency band into the channels he considers appropriate and specify the general purpose for which each channel may be used;

(c) assign the frequencies or bands of frequencies to users of radiocommunications apparatus and specify the purpose for which and the conditions under which the frequencies or bands of frequencies are to be used.

(3) Subject to subsection (4), the Authority may vary or withdraw frequencies, bands of frequencies or satellite orbital positions or parameters assigned, or vary the purposes for which and the conditions under which the frequencies, bands of frequencies or satellite orbital positions or parameters are to be used.

(4) The Authority may only exercise its authority under subsection (3) if the Authority has given reasonable notice of the intended variation or withdrawal to the licensee which has been assigned the relevant frequency, band of frequency or satellite orbital position or parameter.

(5) A person shall not, in Hong Kong or on board any ship, aircraft or space object that is registered or licensed in Hong Kong, use a frequency in any part of the radio spectrum unless the frequency is assigned, or located within a band of frequencies assigned, by the Authority or the use is for the purpose and in compliance with the conditions specified by the Authority.

32I. Spectrum utilization fee

(1) Subject to the consultation requirement under section 32G(2), the Authority may by order designate the frequency bands in which the use of spectrum is subject to the payment of spectrum utilization fee by the users of the spectrum.

(2) The Secretary may by regulation prescribe the level, or the method for determining the level, of spectrum utilization fees.

(3) A spectrum utilization fee may be calculated on the basis of a royalty or any other basis that includes an element in excess of the simple recovery of the cost of providing a service by the Authority.

32J. Interference

(1) A person shall not knowingly, and without lawful excuse, use an apparatus, whether or not it is an apparatus for telecommunications, in a manner that causes direct or indirect harmful interference with any telecommunications service lawfully carried on, or other apparatus for telecommunications lawfully operated, in or outside Hong Kong.

(2) The Authority may, by notice in writing, direct a person possessing an apparatus, whether or not it is an apparatus for telecommunications, to take such measures as the Authority specifies and within the time directed to prevent the interference specified in the notice.

(3) A person who contravenes subsection (1) or fails to comply with the direction in subsection (2) commits an offence and shall be liable on summary conviction to a fine at level 5 and to imprisonment for 6 months.

(4) The Authority may, by order, specify the limits of conducted or radiated interference from any apparatus which is not subject to the licensing requirement under section 8, to prevent harmful interference with telecommunications networks, systems, installations or services.

(5) The powers of the Authority under Part VA extend to the apparatus mentioned in subsection (4).

(6) The Authority may require an apparatus mentioned in subsection (4) to be submitted to the Authority for testing to verify whether the apparatus complies with the limits specified by the Authority under that subsection.

(7) A magistrate may, if he is satisfied by information on oath that---

(a) access to premises, vessel, aircraft or vehicle has been requested; or

(b) permission to examine or test any apparatus has been requested, and in either case has been unreasonably refused, issue a warrant empowering the Authority, or an authorized officer, to enter and search the premises, vehicle, aircraft or vessel specified in the warrant and to examine, test and confiscate any apparatus found on or in the premises, vehicle, aircraft or vessel.

32K. Examination, certification and authorization of operating personnel

(1) The Authority may conduct an examination of the competence of a person in the operation of a particular class of apparatus for radiocommunications.

(2) The Authority may issue a certificate of competency to a person whom he considers suitably qualified to certify that the person is competent in the operation of a particular class of apparatus for radiocommunications and may revoke the certificate issued if he considers that the person holding the certificate is no longer competent in the operation.

(3) A condition of a licence under this Ordinance may require that a particular radiocommunications station or a class of radiocommunications stations must be operated only by persons with the appropriate authority to operate issued by the Authority.

(4) The Authority may issue an authority to operate to a person whom he considers fit to authorize that person to hold the position in a particular radiocommunications station or a class of radiocommunications stations.

(5) The Authority may suspend or revoke such an authority to operate issued if he considers the person holding the authority to operate is no longer fit to hold the position in the radiocommunications station or class of radiocommunications stations concerned.

(6) The Authority may by order provide for the examination of persons in connection with the operation of apparatus for radiocommunications, the issue and revocation of certificates of competency in the operation of apparatus for radiocommunications and the issue, suspension and revocation of authority to operate to hold positions in radiocommunications stations and the fees payable in respect of such examination, certification and authorization.'.

17. General provisions as to licences, etc.

Section 34 is amended---

(a) by repealing subsections (1), (2) and (3);

(b) by adding---

'(7) In the exercise of the power under subsection (4) by the relevant authority to cancel, withdraw or suspend a licence, permit, permission or consent granted under this Ordinance, the authority may cancel, withdraw or suspend (at such times and for such period as the authority determines) any part of the licence, permit, permission or consent without affecting the validity of the remaining part of the licence, permit, permission or consent.'.

18. Sections added

The following are added---

'35A. Inspection of records, documents
and accounts

(1) The Authority or a person whom he authorizes in writing may at all reasonable times enter the premises of a licensee and inspect and make copies of, or make or take an abstract of or extract from, a document or an account relating to a telecommunications network, system, installation or service conducted by the licensee.

(2) The Authority or an authorized person in exercising his powers under this section may require a licensee to produce to him the document or account.

(3) To enable the Authority or an authorized person to exercise his powers under this section, a licensee shall give the Authority or authorized person access to the documents or accounts the Authority or authorized person may reasonably require for inspection, and shall produce to the Authority or authorized person the documents or accounts as he may reasonably require.

(4) A document or account includes information recorded by electronic or other means and the licensee's requirement to provide access to documents and accounts includes a requirement to provide the appropriate system for reading and reducing the information into a written form on paper.

(5) Where---

(a) a copy of a document or an account is supplied by a person under this section; or

(b) a copy of a document or an account is made under this section, and a facility of a person other than the Authority is used to make the copy, the Authority shall reimburse the expenses which, in the opinion of the Authority, have been reasonably incurred by the person in making the copy.

(6) A person who, without reasonable excuse, contravenes subsection (3) commits an offence and shall be liable on conviction to a fine at level 6 and to imprisonment for 6 months.

(7) A person who, without reasonable excuse, in purported compliance with a requirement made under this section, produces a document or an account, or gives information, which he knows to be false or misleading in a material particular commits an offence and shall be liable on summary conviction to a fine at level 6 and to imprisonment for 6 months.

35B. Universal service obligation

(1) The Authority may require that one or more fixed carrier licensees have a universal service obligation.

(2) A universal service obligation requires a licensee to ensure that a good, efficient and continuous basic service is, in the Authority's opinion, reasonably available to all persons within the areas of Hong Kong covered by that obligation.

(3) The Authority may establish a system for licensees prescribed by the Authority to meet a reasonable contribution to the cost of providing the universal service obligation and managing the fund established under subsection (4).

(4) The Authority may establish and manage a fund for the purpose of holding the contributions under subsection (3) prior to payment to the carrier licensee with the obligation.

(5) The Authority may---

(a) recover the cost of the managment of the fund established under subsection (4);

(b) delegate the management of the fund to any person and prescribe the requirements for the management of the fund.'.

19. Authority may determine terms of
interconnection

Section 36A is amended---

(a) by repealing subsections (1), (2) and (3) and substituting---

'(1) The Authority may determine the terms and conditions of interconnection of the type mentioned in subsection (3D).

(2) The Authority may make a determination on the request of a party to the interconnection or, in the absence of a request, if he considers it is in the interest of the public to do so.

(3) The terms and conditions in a determination may include any technical, commercial and financial terms and conditions that the Authority considers fair and reasonable.

(3A) Without limiting the general nature of subsection (3), the terms and conditions in a determination may include---

(a) the level of, and the method of calculating, the charges that any party will pay to another;

(b) the points at which interconnection is to be made;

(c) the technical standards for interconnection;

(d) the supply by any party to another of any element of a telecommunications network, system or installation;

(e) the supply by any party to another of any telecommunications or ancillary service;

(f) the supply by any party to another of any information necessary for the efficient planning and handling of services through the interconnection;

(g) the sharing of facilities referred to in section 36AA.

(3B) The charges in a determination may be based on the relevant reasonable costs attributable to interconnection and, in determining the level, or method of calculation, of the relevant reasonable costs attributable to interconnection, the Authority may select from among alternative costing methods what he considers to be a fair and reasonable costing method.

(3C) The terms and conditions in a determination---

(a) are deemed to be of the essence of any agreement for the interconnection to which the determination is made unless the Authority otherwise directs for any particular term or condition; and

(b) override a different intention arising from the provisions of the agreement.

(3D) The type of interconnection includes an arrangement among 2 or more parties for---

(a) interconnection to and between telecommunication systems or services including---

(i) those licensed under section 7, expressed as being licensed under section 7 or 34 or deemed licensed by the Chief Executive in Council under this Ordinance under section 8(3) of the Television Ordinance (Cap. 52);

(ii) those of a description mentioned in section 8(4)(e) and (f);

(iii) telecommunications services that are the subject of an order made under section 39;

(b) access to, or interconnection with, any element of a telecommunications network, system, installation or service on an unbundled basis at any point that is technically feasible;

(c) the supply of a telecommunications service in connection with paragraph (a) or (b).

(3E) In this section---

'element' (元件) means any cable, component, unit, equipment, hardware or software used to provide a telecommunications service and includes the facilities referred to in section 36AA;

'interconnection' (互連) means any connection between systems or services or elements of systems or services for the delivery of any communication, message or signal over the connection and, without limiting the generality of the foregoing, includes interconnection to a system, to a service, between systems, between services and between a system and a service;

'service' (服務) includes elements of a service;

'system' (系統) includes elements of a system.';

(b) by repealing subsections (5) and (6) and substituting---

'(5) Written notice of a determination, or of the completion or adjournment of a determination process commenced, under subsection (1) shall be served personally or by registered post on the parties to the arrangement for interconnection or, in the absence of a concluded arrangement, the parties who in the Authority's opinion would have been parties to the interconnection arrangement had it been concluded.

(5A) Subject to subsection (5B), parties to an interconnection agreement shall ensure a copy of the agreement is filed with the Authority within 14 days of it being made.

(5B) The obligation to file a copy of an interconnection agreement under subsection (5A) may be waived by the Authority in relation to a particular interconnection agreement or interconnection agreements of a certain kind.

(5C) The Authority may publish all or any part of an interconnection agreement if he---

(a) considers it is in the interest of the public to do so;

(b) has first given the parties an opportunity to make representations on which parts of the interconnection agreement should not be published; and

(c) has considered such representations received within the time specified by him.

(5D) A determination takes effect even though it is under review or appeal unless stayed by a court of competent jurisdiction.

(6) The amount of any costs or expenses incurred, including, without limitation, staff costs and expenses, and the financing of liabilities paid out of the Telecommunications Authority Trading Fund in respect of a determination or determination process under subsection (1) is a debt due to the Government, and is on service of a notice under subsection (5), recoverable from a person on whom notice has been served.';

(c) by adding---

'(9) The Authority may, after consultation with the parties to an interconnection agreement, issue codes of practice---

(a) relating to the efficient and reliable provision of interconnection; and

(b) which shall be observed by the parties.'.

20. Section added

The following is added---

'36AA. Sharing of use of facilities

(1) The Authority may direct a licensee or a person to coordinate and cooperate with another licensee or another person specified by the Authority in the public interest to share the use of any facility owned or used by it.

(2) Prior to forming an opinion and issuing a direction, the Authority shall provide a reasonable opportunity for the licensee or person, and any other interested party, to make representations on the matter to the Authority.

(3) In considering a direction in the public interest to share a facility, the Authority shall take into account relevant matters including, but not limited to---

(a) whether the facility is a bottleneck facility;

(b) whether the facility can be reasonably duplicated or substituted;

(c) the existence of technical alternatives;

(d) whether the facility is critical to the supply of service by the licensees and persons;

(e) whether the facility has available capacity having regard to the current and reasonable future needs of the licensee or person to whom the facility belongs;

(f) whether joint use of the facility encourages the effective and efficient use of telecommunications infrastructure;

(g) the costs, time, penalties and inconvenience to the licensees and the public of the alternatives to shared provision and use of the facility.

(4) Where another licensee, or another person authorized by the Authority, reasonably requests to share a facility, the licensee or person shall endeavour to come to an agreement with the requesting party on the conditions, including but not limited to providing for fair compensation to the licensee or person for the provision, use or sharing of the facility.

(5) A shared facility may include a building, place or premises that is exclusively occupied and operated by one of the parties to the sharing agreement.

(6) If the parties do not reach an agreement within a reasonable time, and the Authority requires shared use of the facility, the Authority may determine the terms and conditions for the shared use of the facility.

(7) For the purposes of this section 'facility' (設施) includes---

(a) a cable, wire, telecommunications line, duct, pit, tunnel and manhole;

(b) a tower, mast, pole and antenna;

(c) land, buildings and ancillary equipment at sites on which radiocommunications facilities have been established;

(d) reasonable space within a carrier licensee's exchange buildings or other sites to locate equipment of another licensee required to establish interconnection between the licensee's and that other licensee's network at the exchange or sites;

(e) other installations, including but not limited to in-building risers, cable trays and cable entry points into buildings, reasonably necessary for the efficient provision of a telecommunications network; and

(f) services incidental to the building, place and premises in which the facility is situated that are reasonably necessary or incidental to the efficient operation by all parties to the sharing of the facility.'.

21. Directions by Authority

Section 36B(1)(a)(iii) and (b) is amended by repealing 'section 36A(3)' and substituting 'section 36A(3D)'.

22. Authority or court may impose
financial penalties

Section 36C is amended---

(a) in subsection (1)---

(i) by repealing 'pay to the Authority' and substituting 'pay to the Government';

(ii) by repealing everything after 'to comply with' and substituting--- '---

(a) any licence condition;

(b) any provision of this Ordinance or any regulation made thereunder; or

(c) any direction issued in respect of the licensee by the Authority under section 36AA(1) or 36B(1)(a).';

(b) in subsection (2)---

(i) by adding ', or any person referred to in section 36AA(1)' after 'section 36B(1)(b)';

(ii) by repealing 'pay to the Authority' and substituting 'pay to the Government';

(iii) by adding 'any licence condition or' after 'requirement of';

(c) in subsection (3), by repealing '$20,000', '$50,000' and '$100,000' and substituting '$200,000', '$500,000' and '$1,000,000' respectively;

(d) by adding---

'(3A) Without prejudice to subsections (3) and (3B), the Authority may, by notice to a licensee who has committed a breach of a licence condition or provision in this Ordinance or regulation made thereunder, or a breach of a direction, require the licensee---

(a) to disclose to the public, to a particular person or to a class of persons, in such manner as is specified in the notice, such information, or information of such a kind, as is so specified, being information that relates to the breach and is in the possession of the licensee or to which the licensee has access;

(b) to publish, at its own expense, in newspapers corrective advertisements in such manner, at such times and on such terms as are specified in the notice and for this purpose, the Authority may specify among other things the newspapers in which the advertisements shall be published, the languages that shall be used, the days on which the advertisements shall be published, the content of the advertisements and the size and prominence of the advertisements in the newspapers.

(3B) Where the Authority considers that a financial penalty under subsection (3) is not adequate for a breach referred to in subsection (1)---

(a) the Authority may---

(i) within 3 years of the commission of the breach; or

(ii) if the breach comes to the notice of the Authority within 3 years of its commission, within 3 years of it so coming to the notice of the Authority, whichever is the later, make an application to the Court of First Instance; and

(b) upon such application, the Court of First Instance may, without prejudice to any powers conferred on the Authority by any provision of this Ordinance or any regulation made thereunder or any licence condition, impose upon the licensee who has committed the breach a financial penalty of a sum not exceeding 10% of the turnover of the licensee in the relevant telecommunications market in the period of the breach, or $10,000,000, whichever is the higher.';

(e) in subsection (4)---

(i) by repealing 'financial';

(ii) by repealing 'so imposed' and substituting 'imposed under subsection (3) or (3A)';

(iii) by adding 'any licence condition, provision of this Ordinance or regulation made thereunder or' after 'requirement of';

(f) in subsection (5), by adding 'up to $120,000 and the Court of First Instance for penalty above $120,000' after 'District Court'.

23. Section added

The following is added---

'36D. Authority may obtain information

(1) If a magistrate is satisfied by information on oath that there are reasonable grounds for believing that a person, other than a licensee, is, or is likely to be, in possession of information or a document that is relevant to the performance of any of the Authority's functions or the exercise of any of the Authority's powers, he may issue an order that the person shall, within the time specified in the order, give the information or document to the Authority in writing or to produce the document to the Authority, as the case requires.

(2) A person commits an offence if he---

(a) fails to comply with an order issued under subsection (1); or

(b) in purported compliance with the order issued under that subsection, knowingly gives information that is false or misleading, and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years.'.

24. Regulations

Section 37(1)(h) and (i) is repealed.

25. Section added

The following is added---

'39A. Remedies

(1) A person who is aggrieved by a breach of section 7K, 7L, 7M or 7N, or a breach of a licence condition, determination or direction relating to that section, may bring an action for damages, an injunction or other appropriate remedy, order or relief against the person who is in breach.

(2) No action may be brought under subsection (1) more than 3 years after---

(a) the commission of the breach concerned referred to in that subsection; or

(b) the imposition of a penalty in relation to the breach by the Authority under section 36C, or, as the case may be, by the Court of First Instance under section 36C (3B),

whichever is the later.'.

26. Schedule added

The following is added---

'SCHEDULE [ss. 2(1) & 7(4)]

Licences Which are not Carrier Licences
within the Meaning of Section 2

1. Public Radiocommunications Service Licence for radio paging services

2. Public Radiocommunications Service Licence for trunked radio services

3. Public Radiocommunications Service Licence for radiolocation services

4. Broadcast Relay Station Licence

5. Broadcast Radio Relay Station Licence

6. Closed Circuit Television Licence

7. Satellite Master Antenna Television Licence'.

27. Consequential and miscellaneous amendments

(1) The enactments specified in Schedule 1 are amended as set out in that Schedule.

(2) The titles to the subsidiary legislation set out in Part 1 of Schedule 2 are amended by repealing 'TELECOMMUNICATION' wherever it appears and substituting 'TELECOMMUNICATIONS'.

(3) The citations to the subsidiary legislation set out in Part 2 of Schedule

2 are amended by repealing 'Telecommunication' and substituting 'Telecommunications'.

(4) The provisions set out in Part 3 of Schedule 2 are amended by repealing 'telecommunication' wherever it appears and substituting 'telecommunications'.

(5) The provisions set out in Part 4 of Schedule 2 are amended by repealing 'Telecommunication' wherever it appears and substituting 'Telecommunications' except in any case where 'Telecommunication' is immediately followed by 'Convention'.

(6) The provisions set out in Part 5 of Schedule 2 are amended by repealing 'TELECOMMUNICATION' wherever it appears and substituting 'TELECOMMUNICATIONS' except in any case where 'TELECOMMUNICATION' is immediately followed by 'CONVENTION'.

(7) The provisions set out in Part 6 of Schedule 2 are amended by repealing 'International Telecommunication Convention' wherever it appears and substituting 'Constitution and Convention of the International Telecommunication Union'.

(8) The provisions set out in Part 7 of Schedule 2 are amended by repealing 'radiocommunication' wherever it appears and substituting 'radiocommunications'.

(9) The provisions set out in Part 8 of Schedule 2 are amended by repealing 'Radiocommunication' wherever it appears and substituting 'Radiocommunications'.

(10) The provisions set out in Part 9 of Schedule 2 are amended by repealing 'RADIOCOMMUNICATION' wherever it appears and substituting 'RADIOCOMMUNICATIONS'.

(11) The Authority within the meaning of the principal Ordinance may by order published in the Gazette amend any reference to 'telecommunication' or 'radiocommunication' in any Ordinance.

SCHEDULE 1 [s. 27(1)]

Consequential Amendments
Television Ordinance

1. Grant of licences

Section 8(3) of the Television Ordinance (Cap. 52) is amended by repealing 'by the Governor in Council'.

Import and Export (Strategic Commodities) Regulations

2. Strategic Commodities

Schedule 1 to the Import and Export (Strategic Commodities) Regulations (Cap. 60 sub. leg.) is amended, under the heading 'DEFINITIONS OF TERMS', in the definition of 'ITU', by repealing 'Telecommunications' and substituting 'Telecommunication'.

Telecommunication Regulations

3. Citation amended

Regulation 1 of the Telecommunication Regulations (Cap. 106 sub. leg.) is amended by repealing 'Telecommunication' and substituting 'Telecommunications'.

4. Form of Licences

Schedule 3 is amended---

(a) in the form of the Public Non-exclusive Telecommunications Service Licence, in general condition 2, by repealing 'International Telecommunications Convention' and substituting 'Constitution and Convention of the International Telecommunication Union';

(b) in the form of the Radiodetermination and Conveyance of Commands, Status and Data Licence, in condition 11, by repealing 'International Telecommunication Convention' and substituting 'Constitution and Convention of the International Telecommunication Union'.

Charges for Radiotelegrams Order

5. Repeal

The Charges for Radiotelegrams Order (Cap. 106 sub. leg.) is repealed.

Telecommunication (Closed Circuit
Television Systems) Regulations

6. Repeal

The Telecommunication (Closed Circuit Television Systems) Regulations (Cap. 106 sub. leg.) is repealed.

Telecommunication (Cable and Wireless
(Hong Kong) Limited) (Exemption
from Licensing) Order

7. Repeal

The Telecommunication (Cable and Wireless (Hong Kong) Limited) (Exemption from Licensing) Order (Cap. 106 sub. leg.) is repealed. Telecommunication (Model Control Equipment) (Exemption from Licensing) Order

8. Citation amended

Paragraph 1 of the Telecommunication (Model Control Equipment) (Exemption from Licensing) Order (Cap. 106 sub. leg.) is amended by repealing 'Telecommunication' and substituting 'Telecommunications'.

9. Interpretation

Paragraph 2 is amended, in the definition of 'spurious emission', by repealing 'Telecommunications' and substituting 'Telecommunication'. Telecommunication (Public Radiocommunication Service Customers) (Exemption from Licensing) Order

10. Citation amended

Paragraph 1 of the Telecommunication (Public Radiocommunication Service Customers) (Exemption from Licensing) Order (Cap. 106 sub. leg.) is amended by repealing 'Telecommunication' and 'Radiocommunication' and substituting 'Telecommunications' and 'Radiocommunications' respectively.

Telecommunication (Possession and Export of
Radiocommunication Apparatus by Visitors)
(Exemption) Order

11. Title amended

The title to the Telecommunication (Possession and Export of Radiocommunication Apparatus by Visitors) (Exemption) Order (Cap. 106 sub. leg.) is amended by repealing 'TELECOMMUNICATION' and 'RADIOCOMMUNICATION' and substituting 'TELECOMMUNICATIONS' and 'RADIOCOMMUNICATIONS' respectively.

Miscellaneous Licences Regulations

12. Forms

The Second Schedule to the Miscellaneous Licences Regulations (Cap. 114 sub. leg.) is amended, in Form 13, in condition 3, by repealing 'Radio Regulations annexed to the International Telecommunication Convention of Buenos Aires, 1952,' and substituting 'regulations and recommendations annexed to or made under the Constitution and Convention of the International Telecommunication Union'.

Telephone Ordinance

13. Repeal

The Telephone Ordinance (Cap. 269) is repealed.

Shipping and Port Control Regulations

14. Interpretation

Regulation 3 of the Shipping and Port Control Regulations (Cap. 313 sub. leg.) is amended, in the definition of 'Radio Regulations', by repealing 'International Telecommunications convention' and substituting 'Constitution and Convention of the International Telecommunication Union'.

SCHEDULE 2 [s. 27(2) to (10)]

Miscellaneous Amendments

PART 1

REPEAL 'TELECOMMUNICATION' AND SUBSTITUTE

'TELECOMMUNICATIONS' Telecommunication (Cordless Telecommunications Apparatus) (Exemption from Licensing) Order (Cap. 106 sub. leg.)

Telecommunication (Radio Receivers) (Exemption from Licensing) Order (Cap. 106 sub. leg.)

Telecommunication (APSTAR-1) (Exemption from Licensing) Order (Cap. 106 sub. leg.)

Telecommunication (Fixed Telecommunication Network Services) (Exemption from Licensing) Order (Cap. 106 sub. leg.)

Telecommunication (APSTAR-IA) (Exemption from Licensing) Order (Cap. 106 sub. leg.)

Telecommunication (APSTAR-IIR) (Exemption from Licensing) Order (Cap. 106 sub. leg.)

Telecommunication (Mobile Earth Stations) (Exemption) Order (Cap. 106 sub. leg.)

PART 2

REPEAL 'Telecommunication' AND SUBSTITUTE

'Telecommunications' IN CITATION

Telecommunication (Control of Interference) Regulations (Cap. 106 sub. leg.) regulation 1.

Telecommunication (Essential Services Corps Fuel Oil Unit) (Exemption) Order (Cap. 106 sub. leg.) paragraph 1.

Telecommunication (Public Non-exclusive Telecommunications Service Customers) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 1.

Telecommunication (China Light and Power Company Limited) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 1.

Telecommunication (Low Power Devices) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 1.

PART 3

REPEAL 'telecommunication' AND SUBSTITUTE 'telecommunications'

Bankruptcy Ordinance (Cap. 6) section 30E.

Defamation Ordinance (Cap. 21) section 2.

Television Ordinance (Cap. 52) sections 2, 8, 10, 17B and 20A and Schedules 1 and 1A.

Import and Export (Strategic Commodities) Regulations (Cap. 60 sub. leg.) Schedule 1.

Telecommunications Ordinance (Cap. 106) long title and sections 3, 4, 8(1) and (2), 12, 13(1) and (3), 14(1), 17(1), 18(1) and (2), 23, 24, 25, 26, 27, 27A(1), 28, 29, 35(1)(d), 36B(1), 37(1) and 40(2).

Telecommunications Regulations (Cap. 106 sub. leg.) regulations 2, 11, 12, 13 and 14 and Schedules 1 and 3.

Telecommunications (Control of Interference) Regulations (Cap. 106 sub. leg.) regulations 1A, 5 and 9.

Telecommunications (Model Control Equipment) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 2 and the Schedule.

Telecommunications (Public Non-exclusive Telecommunications Service Customers) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 2.

Telecommunications (China Light and Power Company Limited) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 3.

Telecommunications (Low Power Devices) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 2 and the Schedule.

Telecommunications (APSTAR-1) (Exemption from Licensing) Order (Cap. 106 sub. leg.) section 2.

Telecommunications (Fixed Telecommunications Network Services) (Exemption from Licensing) Order (Cap. 106 sub. leg.) section 2.

Telecommunications (APSTAR-IA) (Exemption from Licensing) Order (Cap. 106 sub. leg.) section 2.

Telecommunications (APSTAR-IIR) (Exemption from Licensing) Order (Cap. 106 sub. leg.) section 2.

Eastern Harbour Crossing Road Tunnel Regulations (Cap. 215 sub. leg.) regulation 3.

Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276) sections 4 and 13.

Air Pollution Control (Construction Dust) Regulation (Cap. 311 sub. leg.) section 2.

Arbitration Ordinance (Cap. 341) the Fifth Schedule.

Merchant Shipping (Safety) (GMDSS Radio Installations) Regulation (Cap. 369 sub. leg.) section 2.

Roads (Works, Use and Compensation) Ordinance (Cap. 370) sections 13 and 20.

Tate's Cairn Tunnel Regulations (Cap. 393 sub. leg.) regulation 3.

Electricity (Exemption) Regulations (Cap. 406 sub. leg.) regulation 2.

Electricity (Wiring) Regulations (Cap. 406 sub. leg.) regulation 2.

Western Harbour Crossing Regulation (Cap. 436 sub. leg.) section 2.

Bills of Lading and Analogous Shipping Documents Ordinance (Cap. 440) sections 2 and 7.

Land Drainage Ordinance (Cap. 446) section 37.

Tai Lam Tunnel and Yuen Long Approach Road Regulation (Cap. 474 sub. leg.) section 2.

Non-local Higher and Professional Education (Regulation) Ordinance (Cap. 493) section 2.

Environmental Impact Assessment Ordinance (Cap. 499) Schedule 2 (Part I).

Railways Ordinance (Cap. 519) sections 2, 18 and 25.

Copyright Ordinance (Cap. 528) sections 8 and 9.

Legislative Council Ordinance (Cap. 542) Schedule 1 (item 28).

PART 4

REPEAL 'Telecommunication' AND SUBSTITUTE

'Telecommunications' Bankruptcy Ordinance (Cap. 6) section 30E.

Defamation Ordinance (Cap. 21) section 2.

Television Ordinance (Cap. 52) sections 2, 8, 10 and 17B and Schedules 1, 1A and 2.

Import and Export (Strategic Commodities) Regulations (Cap. 60 sub. leg.) Schedule 1 (but excluding the definition of 'ITU' under the heading 'DEFINITIONS OF TERMS').

Telecommunications Ordinance (Cap. 106) section 41 (where it secondly appears).

Telecommunications Regulations (Cap. 106 sub. leg.) Schedule 1 (but excluding the definition of 'radio frequency co-ordination' in the Self-provided External Telecommunication System Licence in Part II) and Schedule 3 (but excluding condition 6(b) in the forms of the Self-provided External Telecommunication System Licence and the Self-provided External Telecommunication System (Short Term) Licence and general conditions 4 and 10 in the form of the Public Radiocommunication Service Licence (For Services other than Land Mobile Service)).

Telecommunications (Essential Services Corps Fuel Oil Unit) (Exemption) Order (Cap. 106 sub. leg.) paragraph 2.

Telecommunications (Public Non-exclusive Telecommunications Service Customers) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 2.

Telecommunications (Cordless Telecommunications Apparatus) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraphs 2 and 4.

Telecommunications (Public Radiocommunications Service Customers) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 2.

Shipping and Port Control Regulations (Cap. 313 sub. leg.) regulation 6.

Merchant Shipping (Safety) Ordinance (Cap. 369) section 82.

Merchant Shipping (Safety) (Navigational Equipment) Regulations (Cap. 369 sub. leg.) regulation 2.

Merchant Shipping (Safety) (GMDSS Radio Installations) Regulation (Cap. 369 sub. leg.) section 2.

Smoking (Public Health) Ordinance (Cap. 371) section 13B.

Broadcasting Authority Ordinance (Cap. 391) sections 2, 9, 11, 14, 16, 19, 20, 24 and 26.

Office of the Telecommunications Authority Trading Fund (Cap. 430 sub. leg.) Schedule 1.

Non-local Higher and Professional Education (Regulation) Ordinance (Cap. 493) section 2.

Railways Ordinance (Cap. 519) section 2.

Official Secrets Ordinance (Cap. 521) section 17.

Copyright Ordinance (Cap. 528) sections 82 and 259.

Legislative Council Ordinance (Cap. 542) Schedule 1 (item 28).

PART 5

REPEAL 'TELECOMMUNICATION' AND SUBSTITUTE
'TELECOMMUNICATIONS'

Television Ordinance (Cap. 52) Schedule 3.

Telecommunications Ordinance (Cap. 106) the heading to Part IV.

Telecommunications Regulations (Cap. 106 sub. leg.) Schedules 1 and 3.

PART 6

REPEAL 'International Telecommunication Convention'

AND SUBSTITUTE 'Constitution and Convention of
the International Telecommunication Union'

Telecommunications Regulations (Cap. 106 sub. leg.) Schedule 3.

Merchant Shipping (Safety) (Radio Installations) Regulations (Cap. 369 sub. leg.) regulation 2.

Merchant Shipping (Safety) (GMDSS Radio Installations) Regulation (Cap. 369 sub. leg.) section 2.

Merchant Shipping (Seafarers) (Certification and Watchkeeping) Regulation (Cap. 478 sub. leg.) Schedule 3.

PART 7

REPEAL 'radiocommunication' AND SUBSTITUTE
'radiocommunications'

Television Ordinance (Cap. 52) section 2.

Telecommunications Ordinance (Cap. 106) sections 8, 10, 11, 12 and 22.

Telecommunications Regulations (Cap. 106 sub. leg.) regulations 2, 3 and 4 and Schedules 1, 2 and 3.

Telecommunications (Control of Interference) Regulations (Cap. 106 sub. leg.) regulation 2.

Telecommunications (Model Control Equipment) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 2.

Telecommunications (Cordless Telecommunications Apparatus) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 2.

Telecommunications (Public Radiocommunications Service Customers) (Exemption from Licensing) Order (Cap. 106 sub. leg.) paragraph 2.

Telecommunications (Possession and Export of Radiocommunications Apparatus by Visitors) (Exemption) Order (Cap. 106 sub. leg.) sections 1 and 2.

Telecommunications (Fixed Telecommunications Network Services) (Exemption from Licensing) Order (Cap. 106 sub. leg.) section 2.

Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations (Cap. 369 sub. leg.) the Schedule (Part E, Annex IV, paragraph 1(o)).

Merchant Shipping (Safety) (Navigational Equipment) Regulations (Cap. 369 sub. leg.) regulation 2.

Merchant Shipping (Safety) (Radio Installations) Regulations (Cap. 369 sub. leg.) regulations 2 and 28.

Merchant Shipping (Safety) (GMDSS Radio Installations) Regulations (Cap. 369 sub. leg.) sections 2, 5, 6, 10, 16, and 17.

Merchant Shipping (Seafarers) (Certification and Watchkeeping) Regulation (Cap. 478 sub. leg.) Schedule 1.

Legislative Council Ordinance (Cap. 542) Schedule 1 (item 28).

PART 8

REPEAL 'Radiocommunication' AND SUBSTITUTE

'Radiocommunications'

Telecommunication Regulations (Cap. 106 sub. leg.) Schedules 1 and 3.

Merchant Shipping (Safety) (Radio Installations) Regulations (Cap. 369 sub. leg.) regulation 27.

PART 9

REPEAL 'RADIOCOMMUNICATION' AND SUBSTITUTE

'RADIOCOMMUNICATIONS'

Telecommunications Regulations (Cap. 106 sub. leg.) Schedules 1 and 3.

Explanatory Memorandum

This Bill amends the Telecommunication Ordinance (Cap. 106) ('the principal Ordinance') with a view to enhancing competition safeguards, to improve interconnection and access arrangements to telecommunications services, to streamline licensing procedures and to provide the Telecommunications Authority ('the Authority') with powers over certain technical areas.

2. Clause 2 repeals and replaces sections 1 and 2. New section 1 provides that the principal Ordinance may be cited as the 'Telecommunications Ordinance' in place of the previous citation 'Telecommunication Ordinance'. New section 2(1) sets out all the definitions of terms used in the principal Ordinance as amended by the Bill.

3. Clause 3 adds 2 new sections that set out the powers of the Authority.

4. The licensing arrangements are reorganized in clause 4 (new sections 7 to 7O). The Chief Executive in Council is to issue exclusive licences. The Secretary (see the definition of Secretary in new section 2(1)) is to specify by regulation the general conditions applicable to carrier licences other than exclusive licences. The Authority will issue all licences other than exclusive licences. The Authority will also specify class licences to regulate non-essential services which do not require the licensee to take up an actual licence if he meets the licence conditions published in the Gazette.

5. The Authority may also issue a permit under new section 7E that will enable the operating of telecommunications equipment for a limited period not exceeding 6 months without the issue of a formal licence.

6. Public telecommunications services will be monitored and regulated under new sections 7F to 7L in areas including tariffs, accounting practices, information, inspection of facilities and consumer protection aspects. Clause 5 adds the requirement that providers of telecommunications services for business are to have a licence.

7. Clauses 7(a), 8, 10 and 11 clarify the power to lay telecommunications lines on the seabed. New section 14(1A) at clause 7(b) provides for the power of licensees authorized by the Authority to have access to land to place and maintain a radiocommunications installation for the purpose of providing a radiocommunications service to a public place. New section 14(2) at clause 7(c) requires a licensee to pay a fee to any person who has a lawful interest in the land on which the licensee has (pursuant to new section 14(1A)) placed a radiocommunications installation.

8. Clause 13 adds new section 19B that gives a right of access to public telecommunications services.

9. Clause 15 introduces 3 additional offences relating to the contravention of licensing requirements, the use of unauthorized frequencies and the unauthorized dealing in radio transmitters.

10. Clause 16 introduces new Parts to the principal Ordinance dealing with technical regulation, including standards and certification requirements, the management of the radio spectrum and prevention of interference, including the power to allocate frequencies, the payment of a spectrum utilization fee and the examination, certification and authorization of operating personnel.

11. Clause 17 amends section 34 as a consequence of the inclusion of new section 34(7).

12. Clause 18 adds new section 35A dealing with the inspection of records, documents and accounts and new section 35B that deals with the universal service obligation for fixed carrier licensees.

13. Clause 19 amends section 36A to clarify the Authority's power to determine the terms and conditions applicable to an interconnection.

14. Clause 20 adds new section 36AA to empower the Authority to direct a licensee to share a facility in certain circumstances.

15. Clause 23 adds new section 36D that enables the Authority to obtain a magistrate's order to obtain information from non-licensees.

16. Clause 25 adds new section 39A giving the right to civil remedies by way of, inter alia, an action for damages or an injunction against any person who is in breach of the principal Ordinance, licence conditions, determinations or directions of the Authority relating to anti-competitive practices, abuse of position, misleading or disceptitive conduct or discrimination.

17. Clause 27 of and Schedules 1 and 2 to the Bill provide for consequential and minor miscellaneous amendments to a number of enactments. It should be noted that section 13 of Schedule 1 repeals the Telephone Ordinance (Cap. 269).