Singapore legislation
Section 5
Section 5
Power to license telecommunication systems and services
(1)
A licence may, with the consent of, or in accordance with the terms of a general authority given by the Minister, be granted by the Authority either unconditionally or subject to such conditions as the Authority may impose and specify in the licence and either irrevocably or subject to revocation as therein specified for the running of such telecommunication systems and services falling within section 3 as are specified in the licence.
(2)
A licence granted under subsection (1) may be granted either to any person, class of persons or a particular person, and may include (without affecting the power to impose conditions conferred by that subsection) conditions requiring —
the licensee to enter into agreements or arrangements with any person, class of persons or another telecommunications licensee for —
the interconnection of, and access to, telecommunication systems;
the sharing of installation or plant used for telecommunications belonging to any telecommunication licensee; and
such other purpose as may be specified in the licence,and on such terms and conditions as may be agreed to by the licensee and such other persons or licensees or, in default of agreement, as may be determined by the Authority;
the sharing and trading of radio frequency spectrum;
the licensee to comply with any direction given by the Authority as to such matters as are specified in the licence or are of a description so specified;
the licensee to comply with codes of practice and standards of performance that are applicable to the licensee; and
the licensee to do, or not to do, such things as are specified in the licence or are of a description so specified.
(3)
The grant of a licence under subsection (1) is subject to the payment to the Authority of such fees for the grant of the licence as may be prescribed.
(4)
A licensee must also pay to the Authority such other fees for the licence, or such periodic fees for the duration of the licence, or both —
as may be prescribed; or
if not prescribed, as may be specified by the Authority in the licence conditions.
(5)
Any fees payable under subsection (3) or (4) in respect of a licence —
need not bear any relationship to the cost of granting or administering the licence; and
are recoverable by the Authority from the licensee as a debt due to the Authority.
(6)
A licensee is not entitled to the refund of any fee paid under subsection (3) or (4) if —
the licence is cancelled or suspended, or the period of the licence is reduced, under section 10; or
the licence is terminated at the request of the licensee.
(7)
No person is to question whether the grant of a licence under subsection (1) was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister, and the validity of a licence granted under that subsection must not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by the Minister.
(8)
The grant of licences under this section is at the discretion of the Authority.
(9)
This section does not prevent the Minister from directing the Authority to grant a licence in any specific case.
(10)
Anything done under and in accordance with a licence granted under subsection (1) does not constitute an infringement of the privilege conferred by section 3.