Sri Lanka Telecommunications (Amendment) Act 2024

This Act may be cited as the Sri Lanka

Telecommunications (Amendment) Act, No. 39 of 2024.

Section 4 of the Sri Lanka Telecommunications Act,

No. 25 of 1991 (hereinafter referred to as the “principal enactment”) is hereby amended as follows:-

by the substitution for the words “his powers” and

in paragraph (b) thereof, by the substitution for the word “operator” of the words “operator and provider”; and

in paragraph (f) thereof, by the substitution for the word “operators” of the words “operators and providers”.

Section 5 of the principal enactment is hereby amended as follows: -

in paragraph (b) thereof, by the substitution for the words “to operate telecommunication systems” of the words “to operators”;

in paragraph (d) thereof, by the substitution for the words “an operator” of the words “an operator and a provider”;

in paragraphs (g) and (h) thereof, by the substitution for the words “operator” and “operators”, of the words “operator and provider” and “operators and providers”, respectively;

in paragraph (k) thereof -

in paragraph (m) thereof, by the substitution for the words “operators of telecommunication systems”

in paragraph (r) thereof, by the substitution for the words “operators” of the words “operators and providers”;

in paragraph (w) thereof, by the substitution for the words “unauthorized radio frequency emissions;

by the insertion immediately after paragraph (w)

The following new section is hereby inserted immediately after section 6 of the principal enactment and shall have effect as section 6A of that enactment:-

6A. (1) The Commission shall approve or determine tariffs based on the following principles:-

tariffs shall be non-discriminatory;

tariffs shall be oriented towards cost, in general cross subsidies shall be eliminated.

An operator or provider may propose tariffs or adjustments to tariffs subject to paragraphs (a) and (b) of subsection (1).

Where an operator or a provider proposes tariffs or adjustment of tariffs, the Commission may approve or reject such tariffs or adjustment of tariffs subject to subsection (1), taking into consideration –

the government policy and industry requirements; and

the facilities or services provided by the operator or provider to the particular class of users or in a particular area:

The Commission may determine to forbear any tariff of any service in whole or a part of such tariff, subject to such conditions or without conditions.

The Commission may, in consultation with the Minister, by way of rules make provision for a special tariff plan which shall include manner of setting, reviewing, publishing and approving adjustments of tariff generally or for any particular telecommunication service provided by an operator or a provider.

An operator or a provider shall not provide any telecommunication service without obtaining approval to a tariff plan from the Commission under this section.

Every operator or provider who contravenes the provisions of subsection (6)

Section 7 of the principal enactment is hereby amended by the substitution for the word “operator” of the words

“operator or the provider, as the case may be”, wherever that word appears in that section.

Section 8 of the principal enactment is hereby amended by the substitution for the words “every operator” of the words “every operator and provider”.

Section 9 of the principal enactment is hereby amended as follows:-

in subsection (1) thereof, by the substitution for the words “an operator,” of the words “an operator or a provider,”; and

in subsection (2) thereof, by the substitution for the words “such operator” of the words “such operator or provider”.

The following new section is hereby inserted immediately after section 9 of the principal enactment and shall have effect as section 9A of that enactment:-

9A. (1) The Commission shall, on its own motion or on a complaint or request made to the Commission by any person with respect to-

“Resolution of disputes on anti competitive practices, etc.

Act, No. 39 of 2024

the existence or the construed existence of any anti-competitive practice;

the acquisition, existence or construed existence of an abuse of a dominant position (significant market power) which may affect the conditions in one or more markets in which an operator or provider operates a telecommunication service;

the creation or construed creation of a merger situation; or

not having the right of access market network at fair, cost based and non-discriminatory terms and conditions, carry out an investigation as in the manner it may deem necessary.

The Commission shall give any operator or provider, who is the subject of an investigation commenced under subsection (1), an opportunity of being heard and of producing any documentary evidence.

Where upon investigation the

Where upon investigation the

Where upon investigation, the

Rules may be made in respect of the following:-

to impose specific obligations on operators and providers with significant market power as may be defined by the Commission, with a view of promoting fair competition, preventing market distortions and safeguarding consumer interests;

to facilitate non–discriminatory access and to ensure equal opportunities to all operators and providers.”.

Section 10 of the principal enactment is hereby amended by the insertion immediately after subsection (1)

thereof, of the following new subsections:-

“(1A) The Commission shall have the power to –

divide and allocate any part of the radio frequency spectrum into number of bands based on the

specify frequency channel plans; and

assign the radio frequency or any band of radio frequencies to users of radio communication apparatus in the manner provided in section 22.

The Commission may issue to any person who intends to obtain a licence for any purpose specified under section 22, a frequency reservation permit for a period specified by the Commission on a payment of a fee subject to the right of cancellation and such other terms and conditions as may be determined by the

The following new section is hereby inserted immediately after section 10 of the principal enactment and shall have effect as section 10A of that enactment:-

Act, No. 39 of 2024

10A. (1) The Commission shall be the sole authority vested with the power to manage the use of numbers, names, codes and identifiers.

The Commission shall be responsible for promoting the efficient allocation of numbers, names, codes and identifiers under subsection (1).

The Commission shall have the power to prepare, specify, publish, and administer the plans for the use of numbers, names, codes, and identifiers, including the power-

to assign numbers, a block or blocks of numbers, codes, and names in accordance with respective plans;

to grant approval to lease or sell the right to use a number, a block or blocks of numbers or codes;

to amend the plans for numbering, names, codes and identifiers so prepared;

to make rules-

for specifying charges for using numbers, a block or blocks of numbers, codes and names so assigned;

relating to managing of numbers, names, codes, and identifiers in the respective plans; and

for determining conditions relating to the withdrawal of numbers, block or blocks of numbers, codes, and name assigned under this section; and

to issue directions to any person to-

submit information on the utilization of numbers, names, codes, and identifiers allocated under this section; and

adhere to the respective plan for the use of numbers, names, codes and identifiers.

The Commission shall have the power to implement number portability and issue rules, guidelines and directions to operators for such implementation.

The Commission may withdraw numbers, codes, a block or blocks of numbers, code or codes of numbers allocated under this section by giving prior notice in writing to the person to whom such allocation was made after affording an opportunity to such person to make representations.”.

Section 11 of the principal enactment is hereby amended as follows:-

in subsection (1) thereof, by the substitution for the words and figures “authorized by a licence under section 17 to operate a telecommunication system”

in subsections (4) and (5) thereof, by the substitution for the word “operator” of the words

by the addition, immediately after subsection (5)

Section 17 of the principal enactment is hereby amended as follows:-

in paragraph (b) of subsection (6) thereof, by the substitution for the words “revoked in accordance with any terms in that behalf contained in the licence” of the words and figures “revoked in terms of the provisions of section 17A”; and

by the addition immediately after subsection (9)

The following new sections are hereby inserted immediately after section 17 of the principal enactment and shall have effect as sections 17A and 17B of that enactment:-

17A. (1) A licence issued under section 17

may be revoked by the Minister assigning reasons therefor, on the breach of terms and conditions of the licence.

The Minister shall by Order published in the Gazette specify the date of such revocation (not being a date earlier than thirty days from the date of publication of the Order)

The Order referred to in subsection (2)

Where the Minister revokes a licence under section 17, the licensee may within a period of thirty days from the date of the communication to him the decision of the

A person shall not engage in the following activities except under the authority of a licence issued by the Commission in that behalf:-

providing infrastructure services specified by rules, required for operating a telecommunication system;

providing telecommunication services specified by rules; or

providing cable landing station facilities.

For the purpose of paragraph (c) of subsection (1), the facilities shall include submarine cables laid within the territorial waters of Sri Lanka.

The charges for cable landing station facilities including access to the submarine cables shall be approved or determined by the

A licence issued under subsection (1)

in such form and on payment of such fee as may be determined by the

required to conform to such technical standards as may be determined by the Commission from time to time by rules made under this

Any person who engages in any activity specified in paragraph (a) or (b) of subsection (1) without obtaining a licence under subsection (1), commits an offence under this

The Commission may, at any time revoke a licence granted under this section on the failure by the licensee to comply with the technical standards he was required to conform to.

Where the Commission refuses an application for a licence under subsection (1)

Rules shall be made under this Act to specify-

the manner of making an application for a licence under subsection (1);

requirements to be fulfilled by an applicant to make an application for each category of licence under subsection (1); and

period of validity and the manner of renewal of a licence.”.

Section 18 of the principal enactment is hereby amended as follows:-

by the substitution for the words “modification of any condition of a licence” of the words

by the addition immediately after subsection (3)

in the marginal note thereof, by the substitution for the word and figures “section 17.” of the words and figures “sections 17 and 17B.”.

Section 18A of the principal enactment is hereby amended as follows:-

in subsection (1) thereof, by the substitution for the words “without obtaining the prior approval of the

by the repeal of subsections (2) and (3) thereof and the substitution therefor of the following subsection:-

in subsection (4) thereof, by the substitution for the words “ten thousand rupees” of the words “one hundred thousand rupees”.

The following new section is hereby inserted immediately after section 20 of the principal enactment and shall have effect as section 20A of that enactment:-

20A. (1) The Commission may require an operator to enter into an agreement with another operator for the interconnection between their telecommunication systems, in the circumstances where the Commission deems that interconnection is necessary for the provision of efficient telecommunication service or for the public interest.

It shall be the duty of the operators required by the Commission under subsection (1) to enter into an agreement for interconnection between their telecommunication systems, to provide access to the telecommunication systems, telecommunication services and telecommunication apparatus of each other.

The terms and conditions to be incorporated in an interconnection agreement shall be negotiated in accordance with the terms and conditions of the respective licences issued to the operators to such interconnection agreement, and shall further provide for the following:-

conditions of the interconnection agreement shall conform with the conditions of the respective licences issued to each operator who is a party to the interconnection agreement;

consumers connected to the telecommunication system of one operator shall have access to the telecommunication system of other operator who is a party to the interconnection agreement;

operators who are parties to the interconnection agreement shall maintain the same level of quality in their respective telecommunication systems;

interconnection arrangement shall be efficient and fair and the parties to an interconnection agreement shall ensure that services are supplied on non-discriminatory basis with regard to capacity, interfaces and technical standards;

the terms and conditions subject to which interconnected services are provided shall reflect internationally accepted best practices;

interconnection services shall ensure effective and sustainable competition; and

interconnection rates for services shall be cost oriented and be subject to the methodology determined by the Commission.

The Commission may stipulate the terms and conditions to be incorporated in an interconnection agreement if necessary.

If the Commission is satisfied that the parties to an interconnection agreement under this section have resorted to an anti-competitive practice in contravention of the respective licences issued under this Act or receives a complaint from a third party to that effect, the Commission shall, after giving reasonable notice to the parties to the interconnection agreement commence an investigation into the same.

The Commission shall give the parties to the interconnection agreement, who is the subject of an investigation commenced under subsection (5), an opportunity of being heard and of producing any documentary evidence.

Where upon investigation, the

Where any operator fails to comply with the requirement imposed by the Commission under subsection (1), any other operator who seeks access to the telecommunication system, telecommunication services and telecommunication apparatus of such operator may inform the Commission in respect of such failure and the Commission shall, within thirty working days of the receipt of such information, determine , in consultation with both operators, the terms and conditions of the proposed interconnection agreement including the access to interconnection services and charges to be levied for such service.

The determination made under subsection (8) by the Commission shall be binding on the operators proposed to be entered into an interconnection agreement under this section.

Any operator who fails to comply with determination made under subsection (8) by the Commission commits an offence and shall be liable to a fine not exceeding ten million rupees and in the event of the offence being committed continuously, to an additional fine of three hundred thousand rupees for each day on which the offence is so committed after conviction.

Any operator who is aggrieved by the determination under subsection (8), may appeal against such determination to the Court of

The Commission may make rules for -

stipulating the terms and conditions to be incorporated in an interconnection agreement;

determining methodology relating to interconnection rates for services;

issuing guidelines and directions to the parties to the interconnection agreement to implement the interconnection agreement.”.

Section 21 of the principal enactment is hereby amended as follows:-

in subsection (1) thereof, by the substitution for the word “import,” of the words “import, export,”;

in subsection (5) thereof, by the substitution for the words commencing from “to a fine not exceeding ten thousand rupees” to the end of that subsection of the words “to a fine not exceeding one million rupees or to an imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment and in the event of the offence being committed continuously, to a fine of one thousand five hundred rupees for each day on which the offence is so committed after conviction.”.