Sri Lanka Telecommunications (Amendment) Act 2024 · As enacted
18. Amendment of section 22 of the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Section 22 of the principal enactment is hereby amended as follows:-
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in subsection (1) thereof, by the substitution for the words “use any radio frequency or radio frequency emitting apparatus” of the words “use any radio frequency or use or possess any radio frequency emitting apparatus”;
in paragraph (b) of subsection (2) thereof, by the substitution for the words “as may be determined by the Commission by rules made in that behalf:”
of the words “as may be prescribed:”;
by the insertion immediately after subsection (2)
thereof, of the following new subsection:-
“(2A) A licence issued under subsection (1)
shall specify the service or services or purpose for which such radio frequency or radio frequency emitting apparatus are used and the period of the validity of such licence.”;
by the repeal of subsection (3) thereof, and the substitution therefor of the following subsection:-
“(3) The Commission shall have power to revoke any licence issued under subsection (1)
on the breach of any condition or restriction to which it is subject to or in the event of any default in the payment of any consideration payable thereunder or on the failure of the licensee to comply with any regulation for the time being in force under this Act relating to the same.”;
by the insertion immediately after subsection (3)
thereof, of the following new subsections:-
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“(3A) In the overall planning and management of radio frequency spectrum, the
Commission shall have power to-
direct any person to whom a licence has been issued under subsection (1) to comply with and to implement new technologies for the efficient use of radio frequency spectrum in the public interest; and
vary any radio frequency after giving written notice to the relevant person prior to a reasonable period of such variation and giving reasons therefor.
Any person who is aggrieved by the variation of the radio frequency referred to in paragraph (b) of subsection (3A) may appeal to the Commission within three weeks from the receipt of such notice referred to in that paragraph.
The Commission shall, after giving such aggrieved person a fair hearing on any objection to such variation communicate its decision to the person who made an appeal to the Commission within three weeks from the date of receipt of such appeal.
The Commission may consider payment of any compensation to the relevant person whose radio frequency has been varied under paragraph (b) of subsection (3A). ”;
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by the insertion immediately after subsection (4)
thereof, of the following new subsections:-
“(4A) Any person who is aggrieved by the decision referred to in subsection (3C) of this section may appeal to the Court of Appeal within one month from the date of communication of the decision of the
Commission.
The Court of Appeal may grant any interim relief to such aggrieved person pending the final determination of the appeal.”;
in subsection (5) thereof, by the substitution for the words “A person uses” of the words and figure “Save as provided for in subsection (6), a person who uses”; and
by the addition immediately after subsection (5)
thereof, of the following new subsections:-
“(6) Notwithstanding the preceding provisions of this section, the Commission may, in the public interest and in order to promote the common use of any radio frequency exempt by rules made in that behalf, any person or class of persons from having to obtain a licence for the use or possession, establishment or installation of any radio frequency emitting apparatus either absolutely or subject to such terms, conditions and restrictions as may be imposed under such rules.
The Commission may adopt the competition-based methodology in assigning radio frequencies and such methodology shall be promulgated by regulations made under this
Act as and when required.”.
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