No. 16 of 1994. The Telecomminications (Prevention and 1 ANTIGUA
Prohibition of Unauthorised Use and AND

Services) Act, 1994. BARBUDA

[L.S. ]

I Assent,

James B. Carlisle,
Governor-General.

10th November, 1994.

ANTIGUA AND BARBUDA

No. 16 of 1994

AN ACT to prevent and prohibit the unauthorised use of the
telecommunications system of Antigua and Barbuda; to take
appropriate measues to deal with those who abuse the tele-
communication services provided by or authorised by the
Government; and for those matters connected therewith.

[ 24th November, 1994. ]

ENACTED by the Parliament of Antigua and Barbuda as
follows-

1. This Act may be cited as the Telecommunications (Preven- she* title.
tion and Prohibition of Unauthorised Use and Services) Act,
1994.

2. In this Act- Interpretation.

"call" includes any communication between two users by
means of a telecommunication system and the completion
of a call attempt and the use of the associated telecommu-
nication service;

"call attempt" includes any one or more actions taken by a
user of a telecommunication system in an attempt to obtain
the desired use or service;

ANTIGUA 2 The Telecomminications (P~evention and No. 16 of 1994.
AND Prohibition of Unauthorised Use and

BARBUDA Services) Act, 1994.

"call back service" includes

(i) any means which enables calls to be made from
Antigua and Barbuda to a destination outside
Antigua and Barbuda without such calls being
recorded on the exchange of a licensee in
Antigua and Barbuda as outgoing calls from
Antigua and Barbuda and any of the means
specified in Schedule I.

(ii) Any means for the making of calls from An-
tigua and Barbuda through a toll free number,
but does not include a call or a call attempt
which concludes with either:

(a) that toll free number; or

(b) any number that terminates on the same
private telecommunication system as
that toll free number; and

(c) any of the means specified in Schedule
2.

"call details" means any details of a call to be made on any
telecommunication system;

"carrier" means aperson who either alone or in conjunction
with others, owns or operates a telecommunication system
or provides telecommunication services;

"exchange" means any facility which controls telecommu-
nication;

"foreign service operator" includes a carrier-

(a) whether or not incorporated in Antigua and Barbuda
having its principal or any place of business in a
foreign territory; or

(b) providing any telecommunication service from a
foreign territory

but excludes the licensee.

No. 16 of 1994. The Telecomminications (Prevention and 3 ANTIGUA
Prohibition of Unauthorised Use and AND

Services) Act, 1994. BARBUDA

"gives" when used in conjunction with "call detads" or
"user details" means giving such details by means of
facsimile, voice or data transmission or by any other
method;

"inputs" means entering any infcrmation into a telecommu-
nication system whether by means of tone, keypad, &al-
ling, voice, facsimile or otherwise;

"Minister" means the Minister responsible for public utili-
ties;

"number" means any telephonenumber and any method of
identifying the origin or destination of a call;

"outgoing call" means a call from a point in Antigua and
Barbuda to adestination outside Antigua and Barbuda, the
destination being selected by a person in Antigua and
Barbuda;

"person" means any individual, body corporate or
unincorprated entity;

" telecomnii;nicat~on" means any transmission, emission or
reception of signs, signals, writing, images, sounds or
intelligence of any nature by wire, radio, optical or any
visual or orher electromagnetic systems or any other system
used for any such transmission, emission or reception;

"telecommunication apparatus" means apparatus used or
capable of being used for the purpose of

(i) transmitting or receiving any telecommunica-
tion which is to be or has been conveyed by
means of a telecommunication system; or

(ii) conveying telecommunication for the purposes
of such a system;

"telecommunications authority'' means the officer appointed
by the Minister under section 3 of the Telecommurkations
Act (Cap. 318);

"telecommunication service" means a service consisting of
the provision of or access to or facilities in connection with
a telecommunication system;

ANTIGUA 4 The Telecornrninications {Prevention and NO. 16 of 1994.
AND Prohibition of Unauthorised Use and

BARBUDA Services) Act, 1994.

"telecommunication system" means a system or other
means used for the conveyance of telecommunication;

"the licensee" means any person to whom Government has
granted a licence to own, provide, install, maintain, operate
or promote telecommunication systems and services from
a point in Antigua and Barbuda to a destination outside
Antigua and Barbudaor from adestination outside Antigua
and Barbuda to a destination inside Antigua and Barbuda,

"toll free number" includes any number commencing with
thedigits 0-800,l-800,800 and any other number that may
be added from time to time by order made by the Minister;

"user" includes any user of a telecommunication service
and any person sending or receiving message signals on a
telecommunication system;

"user details" means any details relating to a user or a
number from which a user makes or intends to make a call
attempt and includes the identification of that user and the
location of the number;

Proh~brt~on f use 3. No person, shall use or permit or suffer to be used any
of te~ecommunl- telecommunication system or telecommunication apparatus in
catlon system and connecBon with the provision of acall back service or do anything
apparatus for
unauthor~sed so s to facilitate the use of any telecommunication system or
servlcw telecommunication apparatus in connection with the provision,

operation or use of such a service.

Authority to
track unauthor~sed
use of telecommu-
nication System
etc.

Authority to carry
out examination
and tests.

4. Subject to section 5 the telecommunication authority or any
person authorised by the telecommunication authority may take
all necessary steps to track any unauthorised use of the telecom-
munication system or telecommunication apparatus.

5. (1) The telecommunications authority may, by writing,
authorise a licensee or any other person to use any technical or
other moniioring devise to carry out any examination and test to
ascertain whether section 3 is being contravened.

(2) For the purpose of subsection (1) the ~lecommunications
authority or any person authorised by the telecommunication
authority may, upon giving reasonable prior written notice to the
user of such services or on leaving such notice at such premises,

No. 16 of 1994. Tihe Telecomminications (Prevention and 5 ANTIGUA
Prohibition of Unauthorised Use and AND

Services) Act, 1994. BARBUDA

enter upon any premises to which telecommunication services
have been supplied by the telecommunication authority or the
licensee in order to examine and test the telecommunication
apparatus located at such premises.

6. (1) If the telecommunications authority or a licensee is rise of the
satisfied that the telephone service is being used to transmit voice

Services for
or data services from a point m Antigua and Barbuda to a Unlawful purpose
destination outside Antigua and Barbuda by a route other than a
routeestablishedby the licensee andapproved by the telecommu-
nications authority for such transmission, the telecommunica-
uons authonty or the licensee may take any step it considers
necessary to-

(a) block transmission over that other route or call
attempts which contravene the provision of this Act;
or

(b) suspend the provision of telecomnunication ser-
vices to such user; or

(c) modify its terms and conditions of service to such
user; or

(d) withdraw the telecommunication sen ices supplied
to any such user.

(2) Any licensee who blocks transmission over any route or
withdraws telecommunication servicesunder subsection (1) shall
immediately make a report of the action taken to the telecommu-
nications authority.

(3) Where telecommunicahon services to any user have been
suspended or withdrawn under this secuon, such services shall
not be restored unless the user has pad a restoration fee of five
thousand dollars to the telecommunication authority.

7. Any person who contravenes the provisions of section 3 is p,,dty.
guilty of an offence and is liable on summary conviction to a fine
of fifty thousand dollars or to a term of imprisonment of two (2)
years.

ANTIGUA 6 The Telecomminicarions (Prevention and No. 16 of 1994.
AND Prohibition of Unauthorised Use and

BARBUDA Services) Act, 1994.

Notices. 8. Where under this Act a notice is required to be served on a
user the notice may be served:

(a) by delivering it personally to the person to be served;
or

(b) by sending it by post to or by leaving it at-

(i) the usual or last known place of resi-
dence or business of the person to be
served; or

(ii) the place in which any telecommunica-
tion apparatus is installed.

Amendments to 9. The Minister may by regulation amend the Schedules to this
Schedules. Act.

SCHEDULE I

Means which are included within paragraph (i) of the definition of "call back
service" in section 2.

(a) any sequence of actions which include the following:

(i) a call made from a number in Antigua and Barbuda to a
foreign service operator which remains unanswered;

(ii) the foreign service operator makes a call to a number in
Antigua and Barbuda or causes such a call to be made
following which a user inputs call details;

(b) any sequence of actions which include the following:

(i) a user makes a call from a number in Antigua and Barbuda
to a foreign service operator and gives user details;

(ii) the foreign service operator makes a call to a number in
Antigua and Barbuda following which the user inputs call
details;

(c) any sequence of ac~ions which include the following:

(i) a call is made from a number in Antigua and Barbuda to a
foreign service operator and a user gives user details and
call details;

No. 16 of 1994. The Telecomminicotions (Prevention and 7 ANTIGUA
Prohibition of Unauthorised Use and AND

Services) Act, 1994. BARBUDA

(ii) the foreign service operator makes a call or a call attempt
to a deshnation in a foreign territory in accordance with the
detailsprovidedby the user before connecting that call with
a number in Antigua and Barbuda or causes the aforesaid
acts; and

(d) any sequence of actions which include the following:

(i) aforeign service operatormakes or causes to bemademore
than one call or call atempt to a number in Antigua and
Barbuda which may or may not be answered;

(ii) a user answers any such call and inputs call details.

SCHEDULE I1

Permitted activities for the purposes of paragraph (ii) of the definition of "call
back service" in section 2.

Such "Country Direct" services as defined in the recommendations of the
International Telegraph and Telephone Consultative Committee (CCITT) as are
authorised by the licensee from time to time,

Passed the House of Representatives Passed the Senate this 10th d a y
this 8th day of September, 1994. of October,1994.

B. Harris,
Speaker.

M. Percival,
President.

S. Walker, S. Walker,
Acting Clerk to the House of representative.^. Acting Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Rupert Charity, Government Printer

-By Authority, 1994.
800--11.94 [Price $3.301