Singapore legislation
Section 26
Section 26
Prohibition against exclusive agreements or arrangements
(1)
The developer or owner of any land or building —
must not enter into or enforce any agreement or arrangement with any occupier of the land or building that restricts or prevents the occupier from selecting any supplier of telecommunication systems and services to provide telecommunication services to the occupier; and
must not enter into or enforce any agreement or arrangement with any telecommunication licensee that restricts or prevents other telecommunication licensees from installing their installation, plant or system in the land or building or supplying telecommunication systems and services to the land or building or supplying telecommunication services to any occupier of the land or building.
(2)
The Authority may give such directions as the Authority thinks fit to be observed by the telecommunication licensee, or the developer, owner or occupier of the land or building, to ensure compliance with subsection (1).
(3)
To avoid doubt, the Authority may give directions under subsection (2) 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.
(4)
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 (2).
(5)
Subsection (4) does not affect the operation of the Frustrated Contracts Act 1959.
(6)
The Authority may at any time vary, suspend or revoke the whole or any part of a direction given under subsection (2).
(7)
Any person who fails to comply with any requirement in a direction under this section shall be guilty of an offence.[22