Singapore legislation
Section 23
Section 23
Provision of space or facility under code of practice
(1)
The Authority may, from time to time —
issue one or more codes of practice for or in connection with the provision, maintenance and use of, and access to, space and facilities within or on any land or building for the operation of any installation, plant or system used for telecommunications, and the allocation of costs and expenses incurred for such provision, maintenance, use and access; and
amend, suspend or revoke the whole or any part of any code of practice issued under paragraph (a).
(2)
A code of practice issued under subsection (1) may, in particular —
require the developer or owner of any land or building to provide, maintain or give access to, at the developer’s or owner’s expense, such space or facility within or on the land or building, for the installation, operation or maintenance of any installation, plant or system used for either or both of the following purposes:
the provision of any telecommunication service or radio‑communication service to that land or building;
the provision of any telecommunication service or radio‑communication service to any other land or building; and
provide for such fees and charges as may be payable to the Authority in relation to any application or request made to the Authority under the code of practice.
(3)
If any provision in any code of practice issued under subsection (1) is inconsistent with any provision of this Act, that provision in that code of practice, to the extent of the inconsistency —
has effect subject to the provisions of this Act; or
having regard to the provisions of this Act, does not have effect.
(4)
A code of practice issued under subsection (1) does not have legislative effect.
(5)
Subject to subsection (6), every developer or owner of any land or building, and every telecommunication licensee, to whom any code of practice issued under subsection (1) applies must comply, at that person’s expense, with that code of practice.
(6)
The Authority may, either generally or for such time as the Authority may specify, waive the application, to any developer or owner of any land or building or to any telecommunication licensee, of any code of practice issued under subsection (1) or of any part thereof.
(7)
The Authority may give a written notice to a telecommunication licensee, or a developer, owner or occupier of any land or building, requiring compliance with any code of practice issued under subsection (1).
(8)
The Authority may at any time vary, suspend or revoke the whole or any part of a written notice given under subsection (7).
(9)
To avoid doubt, the Authority may give a written notice under subsection (7) even though such written notice may prejudice the contractual obligations of the telecommunication licensee, or the developer, owner or occupier of any land or building, whether the obligation relates to a contract made before, on or after 1 February 2017.
(10)
No liability shall lie against any party to a contract made before, on or after 1 February 2017 for or in relation to, any breach of the contract where the breach is solely attributable to, or occasioned by, the compliance by that party with any written notice given under subsection (7).
(11)
Subsection (10) does not affect the operation of the Frustrated Contracts Act 1959.
(12)
Where any code of practice issued under subsection (1) applies to a person who is a developer or an owner of any land or building, and the Authority is satisfied that the person is contravening, or has contravened, whether by act or omission, any provision of that code of practice, the Authority may issue such written order to the person as the Authority considers necessary for the purpose of securing compliance with that provision.
(13)
An order under subsection (12) —
may require the person concerned (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the order, or as are of a description specified in the order; and
takes effect at such time (being the earliest practicable time) as is determined by or under that order.
(14)
The Authority may at any time vary, suspend or revoke the whole or any part of an order under subsection (12).
(15)
Any person referred to in subsection (12) who fails to comply with an order under that subsection shall be guilty of an offence.
(16)
Any relevant specifications in force immediately before 1 February 2012 —
are deemed to be a code of practice issued under subsection (1); and
remain in force until revoked or replaced by a code of practice issued under subsection (1).
(17)
In subsection (16) “relevant specifications” means any specifications published by the Authority under section 23 in force immediately before 1 February 2012.[19