Singapore legislation
Section 25
Section 25
Provision of space or facility or installation, plant or system by direction of Authority
(1)
Where the Authority considers it necessary that any telecommunication service should be provided to any land or building (whether completed or not) or any occupier of the land or building, or that the quality of a telecommunication service provided to any land or building or to any occupier of that land or building should be enhanced, the Authority may by direction —
require the developer or owner of the land or building to provide, at the developer’s or owner’s expense and within such period as may be specified in the direction, such space or facility within or on that land or building, and access to that land or building, as the Authority may specify in its direction; and
require any telecommunication licensee to install, within such period as may be specified in the direction, such installation, plant or system in that space or facility as the Authority considers necessary for the provision, or the enhancement of quality, of the telecommunication service to that land or building or to the occupier of that land or building.
(2)
Where the Authority considers it necessary that any broadcasting service, the operation of which requires a telecommunication system, should be provided to any land or building, whether completed or not, or that the quality of any such broadcasting service provided to any land or building should be enhanced, the Authority may by direction —
require the developer or owner of the land or building to provide at the developer’s or owner’s expense and within such period as may be specified in the direction, such space or facility within or on the land or building, and access thereto, as the Authority may specify in its direction; and
require any telecommunication licensee to install, within such period as may be specified in the direction, such installation, plant or system as the Authority considers necessary for the provision, or the enhancement of quality, of the broadcasting service to the land or building.
(3)
Where the Authority —
considers it necessary that in relation to any land or building, whether completed or not (called in this section the relevant property), a radio‑communication service should be provided to the relevant property or the quality of a radio‑communication service provided to the relevant property should be enhanced; and
is satisfied that it would be in the public interest for a telecommunication licensee providing the radio‑communication service to install any installation, plant or system within or on another land or building (called in this section the subject property) in order to serve the relevant property or enhance the quality of the radio‑communication service provided to the relevant property,the Authority may by direction —
require the developer or owner of the subject property in paragraph (b) to provide, at the developer’s or owner’s expense and within such period as may be specified in the direction, such space or facility within or on the subject property, and access to the subject property, as the Authority may specify in its direction; and
require the telecommunication licensee to install within or on the subject property, within such period as may be specified in the direction, such installation, plant or system as the Authority considers necessary for the provision or enhancement of the quality of the radio‑communication service to the relevant property.
(4)
To avoid doubt, the Authority may give directions under subsection (1), (2), (3) or (13) even though such directions 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.
(5)
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 direction of the Authority under subsection (1), (2), (3) or (13).
(6)
Subsection (5) does not affect the operation of the Frustrated Contracts Act 1959.
(7)
Where a telecommunication licensee that is using any space or facility within or on any land or building pursuant to a direction under subsection (1), (2) or (3), or any code of practice issued by the Authority, intends to use that space or facility —
to provide any telecommunication service or broadcasting service, or to enhance the quality of any telecommunication service or broadcasting service provided, to any land or building not in the direction to the licensee under subsection (1) or (2);
to provide any radio‑communication service, or to enhance the quality of any radio‑communication service provided, to any land or building that is not the relevant land or building in the direction to the licensee under subsection (3); or
to provide any telecommunication service, broadcasting service or radio‑communication service that is not in the direction to the licensee under subsection (1), (2) or (3) (as the case may be) whether or not to the same land or building in the direction,the licensee must give 14 days’ notice to the developer or owner of that land or building, stating as fully and accurately as possible the nature and extent of the acts intended to be done for the purpose of paragraph (a), (b) or (c), as the case may be.
(8)
The developer or owner of the land or building may, within 14 days after receiving a notice under subsection (7), lodge a written objection with the Authority.
(9)
Where a written objection is lodged by the developer or owner of the land or building under subsection (8) (called in this section the objector), the Authority must notify the telecommunication licensee concerned to resolve the dispute with the objector due to the objection.
(10)
On receipt of the Authority’s notice under subsection (9), the telecommunication licensee must take genuine steps to resolve the dispute with the objector due to the objection.
(11)
If the telecommunication licensee fails to resolve the dispute due to the objection, the licensee must inform the Authority in writing and also furnish all relevant information relating to the steps taken by the licensee to resolve the dispute due to the objection.
(12)
After receipt of the information mentioned in subsection (11), the Authority —
must notify the telecommunication licensee and the objector as to whether the Authority is satisfied that the licensee has taken genuine steps to resolve the dispute due to the objection; and
if so satisfied, must hold an inquiry (in such manner as the Authority thinks fit) on the objection, giving each party a reasonable opportunity to be heard if the objection is not withdrawn.
(13)
Upon the conclusion of the inquiry, the Authority may, upon being satisfied that the use of the space or facility for a purpose in the notice given under subsection (7) would be reasonable, by directions to the telecommunication licensee or the developer or owner of the land or building require either or both to give effect to the notice in such manner and on such terms, conditions and stipulations as the Authority may specify in the direction, including directions that —
require the developer or owner to allow the licensee to use the space or facility; or
require the licensee to install and operate any installation, plant or system within the space or facility.
(14)
The telecommunication licensee may enter on the land or building and do all or any of the acts mentioned in the notice given under subsection (7) —
where no written objection is lodged within the period specified in subsection (8), after the expiry of that period; or
where a written objection is lodged under subsection (8) —
after the objection is withdrawn;
after the telecommunication licensee resolves the dispute with the objector due to the objection; or
on the Authority’s direction under subsection (13), subject to the terms, conditions and stipulations imposed by the Authority under that subsection.
(15)
Any direction under subsection (1), (2), (3) or (13) may include —
a requirement that the telecommunication licensee must contribute, wholly or partly, to such costs and expenses incurred for the provision and use of any space or facility or installation, plant or system under subsection (1), (2), (3) or (13) as the Authority may determine;
terms and conditions relating to the payment of costs and expenses necessary for any alteration, removal, relocation or diversion of the installation, plant or system that may subsequently be required; and
such other requirements as the Authority may specify.
(16)
The Authority may at any time vary, suspend or revoke the whole or any part of a direction under subsection (1), (2), (3) or (13).
(17)
Any person who fails to comply with any requirement in a direction under this section shall be guilty of an offence.[21