Telecommunications (CAP. 423 1

CHAPTER 423

THE TELECOMMUNICATIONS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Appointment of telecommunications officer.
4. Licence for telecommunications.
5. Dealer's licence.
6. Grant of licences and fees thereon.
7. Record book to be kept by licensed dealer.
8. Inspection of licence.
9. Liability of occupier.

10. Telecommunications apparatus on ships and aircraft.
11. Disposal of privately owned telecommunications

apparatus.
12. Disclosure of communications.
13. Stoppage of transmission of telegram.
14. Injury to apparatus etc., and obstruction.
15. Search warrant.
16. Control of telecommunications in case of emergency.
17. Suppressors or other devices required to be used for

reducing electrical interference.
18. Rules.
19. Right of entry, etc.
20. Penalties.
21. Exemption.
22. Licence to Cable and Wireless (West Indies) Limited

not to be affected.

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Telecommunications (CAP. 423 3

TELECOMMUNICATIONS

1. This Act may be cited as the Telecommunications Shorttide.
Act.

2. (1) In this Act- Interpretation.

"dealer" means a person having in his possession for
sale in the way of his business any telecommunica-
tions apparatus;

"occupier" means a person having the charge, manage-
ment or control of any premises or place and
includes a sub-tenant or lodger occupying separate
rooms in any premises;

"telecommunications" means any transmission, emis-
sion, or reception of signs, signals, writing, images
and sound or intelligence of any nature by wire,
radio, visual or other electro-magnetic systems;

"telecommunications apparatus" includes any appli-
ance used or intended to be used for the purpose
of telecommunications;

"telecommunications officer" means the person
appointed by the Governor-General under
section 3;

"telecommunications receiving set" means a telecom-
munications apparatus used or intended to be
used for the reception of messages, entertainment '

or other communications by means of telecommu-
nications;

"telecommunications station" means a station used for
telecommunications and includes a mobile station;

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 423) Tebcommunications

"television" means a system of telecommunications for
the transmission of transient images of fixed or
moving objects.

(2) Any term used in this Act or in the rules made
thereunder if not otherwise defined shall have the meaning
assigned thereto in the Radio Regulations annexed to the
International Telecommunication Convention, 1947, or in
any International Telecommunication Convention amend-
ing or substituted for the same.

Appointment of 3. The Governor-General may appoint a telecommu-
telecommunica- nications officer for Antigua and Barbuda to carry out the

provisions of this Act.

Licence for 4. (1) No person shall establish any telecommunica-
telecommunica-
tions. tions station or install, work or operate any telecommunica-

tions apparatus in any place in Antigua and Barbuda or on
board any ship or aircraft registered in Antigua and
Barbuda except under and in accordance with a licence
granted in that behalf under the provisions of this Act and
subject to such conditions and restrictions as may be pre-
scribed by rules made under this Act.

(2) In any case in which it shall appear to the Cabinet
that no provision has been made by rules made under this
Act for the issue of an appropriate licence, or that the cir-
cumstances of the case justify the issue of a special licence,
the Cabinet may, notwithstanding the provisions of section 6,
issue a special licence for the establishment of a telecommu-
nication station and the installation, working and operation
of telecommunication apparatus therein on payment of
such fees and on such terms and conditions as to the
Cabinet may seem fit.

(3) Any person who contravenes the provisions of sub-
section (1) shall be guilty of an offence under this Act and
on conviction the Court, in addition to any penalty provided
by this Act, may order that any telecommunications apparatus
in connection with which the offence was committed be
forfeited to Her Majesty.

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Telecommunications (CAP. 423 5

5. (1) No person shall sell, offer for sale, let on hire, Dealer'slicence.
or otherwise deal in telecommunications apparatus unless
he is the holder of a dealer's licence issued to him under
the provisions of this Act.

( 2 ) Every licensed dealer shall at all times afford to the
telecommunications officer or any person authorized in
writing by him all information in his possession with respect
to any sale or otherwise of telecommunications apparatus.

6. (1) Licences under this Act may be granted by the 2;::::::;;.
telecommunications officer and by any person duly autho-
rized in writing by the Governor-General in that behalf and
shall be for such period and subject to such fees, if any, as
the Cabinet may determine.

( 2 ) The telecommunications officer and every person
authorized as aforesaid shall keep a register in which he
shall enter the particulars contained in every licence issued
by him.

7. (1) Every licensed dealer shall keep a book to be ::;;;$:,",kS2be
called the "Telecommunications Receiving Set Record dealer.
Book" and shall, immediately after receipt of any telecom-
munications receiving set, make or cause to be made entry
therein of the date of such receipt, the number and full
description of each kind of receiving set received, and the
name and address of the person or persons from whom
received. The licensed dealer shall also enter in such record
book any telecommunications apparatus which he has con-
structed or assembled together for the purpose of use, sale
or hire.

( 2 ) Every licensed dealer shall immediately after delivery
of a telecommunications receiving set, make or cause to be
made in the Telecommunications Receiving Set Record Book
entry of the date of such delivery, the name and address of
the person to whom delivered, the description of every
telecommunications receiving set delivered, and the cause of
such delivery whether on sale, hire, loan or otherwise.

LAWS OF ANTIGUA AND BARBUDA

Inspection of
licence.

Liability of
occupier.

Telecommunica-
tions apparatus on
ships and
aircraft.

Disposal of
privately owned
telecommunica-
tions apparatus.

CAP. 423) Telecommunications

(3) Any person who contravenes any of the provisions
of this section or who in the purchase, sale, hire, or delivery
of any telecommunications apparatus knowingly makes or
causes to be made any false entry or statement as to any mat-
ter which he is required by this section to make, shall be
liable, on summary conviction, to a penalty not exceeding
five hundred dollars.

8. Every person who is required to possess a licence
under this Act shall exhibit his licence for inspection on
demand to the telecommunications officer or any person
duly authorized in writing by him to make such demand or
to a police officer.

9. The occupier of any premises or place in which is
installed any telecommunications apparatus in respect of
which a licence is not in force shall be deemed to have
installed the same unless and until the contrary is proved.

10. (1) No person shall work any telecommunica-
tions apparatus installed on-

( a ) any ship whilst that ship is in the territorial sea
of Antigua and Barbuda; or

( b ) any aircraft whilst that aircraft is in or over
Antigua and Barbuda or the territorial sea thereof,

otherwise than in accordance with rules made in that behalf
by the Cabinet.

(2) Any person who contravenes or permits, procures
or assists in the contravention of any such rules shall be
guilty of an offence under this Act.

11. (1) Notwithstanding anything contained in this
Act any person who owns any telecommunications appara-
tus for his own private use, and in respect of which he holds
the appropriate valid licence, may sell or otherwise dispose
of such telecommunications apparatus to any other person
without being licensed as a dealer:

Provided that in the case of the sale or disposal of any
telecommunications apparatus forming part of any telecom-
munications station licensed under this Act, the person so
selling or disposing of the same shall within fourteen days of

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Telecommunications (CAP. 423 7

such sale or disposition notify the telecommunications offi-
ccr thereof in writing, stating the name and address of the
person to whom such telecommunications apparatus has
been sold or otherwise disposed of, and the description of
such telecommunications apparatus.

(2) Every person who contravenes the provisions of
sub-section (1) shall be guilty of an offence and shall be
liable on summary conviction to a penalty not exceeding
two hundred and fifty dollars.

12. Any person who- Disclosure of
communications.

( a ) without authority in writing first had and
received from the Cabinet intercepts any telecommuni-
cations not intended for the general public and disclos-
es or makes use of the contents, or even discloses the
existence of such telecommunications; or

(6) being employed or engaged in any capacity
whatsoever at a telecommunications station, contrary
to his duty discloses or in any way makes use of, or
intercepts the contents or any part of the contents of
any message transmitted or received or to be transmit-
ted or delivered at or from such station,

shall be guilty of an offence under this Act.

13. It shall be lawful for the Governor-General or any Stoppage of
transmission of

person duly appointed by him in writing in that behalf to ,leg,.
stop the transmission of any telegram in any case where it
appears to the Governor-General that the contents thereof
are dangerous to the security of the Commonwealth or any
part thereof, or contrary to the laws of Antigua and Barbuda
or to public order or decency.

14. Any person who unlawfully and maliciously- ~ p ~ $ m etc.,
and obstruction.

( a ) removes, injures or destroys any apparatus or
installation for the purpose of telecommunications or
any part of such apparatus or installation; or

( b ) obstructs or prevents in any manner whatsoever
the sending, conveying, delivery or receipt of any mes-
sage or signal by telecommunications,

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8 CAP. 423) Telecommunications

shall be guilty of an offence and shall on summary convic-
tion be liable to a penalty not exceeding five thousand dollars
or to imprisonment with or without hard labour for a term
not exceeding six months, or on conviction on indictment
to' imprisonment with or without hard labour for a term not
exceeding two years.

Search warrant. 15. (1) If a Magistrate is satisfied by information on
oath that there is reasonable ground for supposing that a
telecommunications station has been or is being established
without a licence in that behalf or that any telecommunica-
tions apparatus has been installed, worked, operated or con-
cealed in any place in Antigua and Barbuda or on board any
ship or aircraft registered in Antigua and Barbuda without a
licence in that behalf or contrary to the provisions of this Act
or any rules made thereunder or of any licence granted
under this Act, he may grant a search warrant authorizing
the telecommunications officer or any police officer with
such assistance as may be necessary to enter, inspect and
search at any time of the day or night the station, place, ship
or aircraft, and to seize any apparatus which appears to him
to be used or intended to be used for telecommunications.

(2) All telecommunications apparatus that may be
found upon any such search may, by order of a Magistrate,
be forfeited to Her Majesty.

Control of
telecommunica-

16. It shall be lawful for the Governor-General,
tionsincase of where in his opinion an emergency has arisen in which it is
emergency. expedient for the public service or in the public interest

that Her Majesty should have control over the transmission
and reception of messages to or from any telecommunica-
tions station in Antigua and Barbuda during such emergency,
to take possession of and assume control of any telecommu-
nications station or apparatus in Antigua and Barbuda, to
be used for Her Majesty's service and subject thereto for
such ordinary service as may seem fit, or to direct and
authorize such persons as he tliinks fit to assume the control
of the transmission and reception of messages either wholly
or partly and in such manner as he directs.

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Telecommunications (CAP. 423 9

17. NO person shall use or cause to be used any vehicle, suppre=ors or
other devices apparatus, motor, machinery, installation or appliance required to be

which is capable of causing electrical interference with the usedforreducing
electrical lawful and normal operation or use of any duly licensed ~,erferen,e.

telecommunications station, telecommunications receiving
set or telecommunications apparatus unless such vehicle,
apparatus, motor, machinery, installation, or appliance be
first equipped with filters, suppressors, or other devices or
otherwise so modified as to reduce such electrical interfer-
ence to a negligible and acceptable amount to the satisfac-
tion of the teie~ommunicatio~s officer.

18. (1) The Cabinet may make rules in respect of Rules.
any matter and for any purpose relating to telecommunica-
tions and for more effectually carrying into effect the pur-
poses of this Act and may attach to any breach of any such
rules a penalty not exceeding five hundred dollars recover-
able on summary conviction.

(2) In particular and without prejudice to the generality
of the foregoing power such rules may provide for the fol-
lowing matters-

(a ) regulating and prescribing the duties of
telecommunications officers;

( 6 ) the types and forms of licences and the man-
ner in which applications for licences are to be made;

( c ) the licensing of dealers in and the sale or
transfer of telecommunications apparatus;

(d) the terms on which and the conditions and
restrictions subject to which licences shall be granted
and the duties of licensees;

( e ) the conditions under which telecommunica-
tions may be worked in Antigua and Barbuda and on
ships or on any aircraft while in or over Antigua and
Barbuda or the territorial sea thereof;

V) the securing of the safety of the public from
personal injury;

(g) the control, measurement and suppression of
electrical interference in relation to the working of
telecommunications apparatus;

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10 CAP. 423) Telecommunications

(h) controlling the user of any instrument or
apparatus erected, constructed, established or main-
tained under a licence granted under this Act and the
transmission or reception of any messages thereby;

(i) for obtaining secrecy on the part of all persons
employed in or in any way connected with the mainte-
nance and working of any telecommunications station
and prescribing the form and nature of any oath of
secrecy to be taken by any such person;

0) the examination of applicants for licences to
establish and to operate a telecommunications station
and for the examination of apparatus and equipment;
and

(k) the register and records to be kept with
respect to licences issued under this Act.

(3) All such rules shall be published in the Gazette, and
as from the date of publication or from the date specified
therein shall have the same force and effect as if they were
contained in and formed part of this Act.

Right of
entry, etc.

Penalties.

19. (1) A telecommunications officer or any person
duly authorized by him shall have the right at all reasonable
hours to enter and inspect any telecommunications station
in respect of which a licence is issued under this Act. If on
such inspection it is found that the terms, conditions or
restrictions laid down in the licence or in any rule under
this Act are not being complied with, the telecommunications
officer may order the use of the telecommunications station
and apparatus to be discontinued and thereupon the
licence in respect thereof shall be cancelled.

(2) Every person who obstructs the telecommunica-
tions officer or any person duly authorized by him in the
course of his duties under this section shall be guilty of an
offence under this Act.

20. Any person guilty of an offence under this Act
shall, where no penalty is expressly provided, be liable on
summary conviction to a penalty not exceeding three
thousand dollars or to imprisonment with or without hard

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Telecommunications (CAP. 423 1 1

labour, for a term not exceeding six months, or to both such
imprisonment and fine.

21. Nothing in this Act extends to any ship or aircraft Exemption.
belonging to or exclusively employed in the service of Her
Majesty or any foreign warship or service aircraft, or to any
telecommunications apparatus thereon.

22. Nothing in this Act contained shall in any way Licencetocable
and Wireless

affect or restrict the operation of any licence granted to (WestIndies)
Cable and Wireless (West Indies) Limited or its assignee 4 2 : ; t ~ t t o b e
under the provisions of any law in force in Antigua and
Barbuda on the coming into operation of this Act.