Telecommunications Act

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202005/Telecommunications_Act_2005_-_Eng.pdf
Published: 2005

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Arrangement of Provisions

PART I
PRELIMINARY
1. Short title and
commencement
2. Interpretation 3. Objectives of this Act 4. Application of this Act 5. Repeal of Acts
PART II
THE REGULATOR
6. Appointment of Regulator 7. Disqualification 8. Responsibilities, Functions
and Powers of the
Regulator
9. Office of the Regulator 10. Licence, Radio Spectrum
and Numbering Fees
11. Appeal and Review of Orders of the Regulator

PART III
TELECOMMUNICATIONS
LICENCES
12. Requirement to Hold Licence
13. General Provisions Related to Licences
14. Exemption Orders 15. Types of Licences

16. Licensing Procedures 17 Licence Conditions 18 Amendment and
Revocation of Licences
19 Term and Renewal
PART IV
UNIVERSAL ACCESS
20. Universal Access Policy 21. Universal Access Fund
PART V
RADIO SPECTRUM
MANAGEMENT
22. Spectrum Management Functions
23. Radio Spectrum Regulation
24. Interference Disputes and Coordination

PART VI
COMPETITION POLICY
25. Functions and Duties of Regulator Regarding
Competition
26. Designation of Dominant Service
Providers
27. Abuse of Dominance
88 Telecommunications Act 2005 2005, No.20

28. Other Anti-Competitive Practices
29. Determination of Abuse of Dominance and Anti-
Competitive Practices
30. Remedies for Abuse of Dominance and Anti-
Competitive Practices
31. Transfers of Control of Service Providers

PART VII
INTERCONNECTION
32. Functions and Duties of the Regulator Regarding
Interconnection
33. Interconnection by All Service Providers
34. Interconnection by Dominant Service
Providers
35. Requests for Interconnection
36. Interconnection Charges 37. Reference Interconnection
Offers
38. Publication of Interconnection
Agreements
39. Non-compliant Interconnection
Agreements

PART VIII
TARIFFS
40. Tariff Filings and Approval
41. Publication of Tariffs 42. Tariffs for Services to
Other Service Providers
43. General Principles for Tariff Regulation
44. Cost Studies 45. Price Cap Regulation
Method
PART IX
RELATIONS BETWEEN
SERVICE PROVIDERS AND
CUSTOMERS
46. Application
47. Fair Dealing Practices
48. Confidentiality of
Customer Information
49. Confidentiality of
Customer
Communications
50. Protection of Personal
Information
51. Access by Government
Authorities
52. Customer Complaints
53. No Unjustified
Discrimination
54. Terms of Service
55. Information on Terms of
Service
56. Telephone Directories
57. Quality of Service
58. Access to Customer
Premises
59. Liability, Refunds and
Damages
PART X
TELECOMMUNICATIONS
EQUIPMENT
60. Telecommunications
Equipment
PART XI
NUMBERS
61. National Numbering
Plan
62. Use of Numbers
63. Number Portability
64. Service Provider
Selection
PART XII
ACCESS TO PROPERTY
65. Access to Government
Land and Facilities
2005, No.20 Telecommunications Act 2005 89

66. Access to Private Land
and Facilities
67. Access to Customary
Land and Facilities
68. Co-location

PART XIII
NATIONAL SERCURITY
AND PUBLIC
EMERGENCIES
69. National Security
70. Public Disaster and State
of Emergency

PART XIV
DISPUTES, OFFENCES AND
ENFORCEMENT
71. Service Provider
Disputes
72. Customer Disputes
73. Alternative Dispute
Resolution
74. Telecommunications
and Computer Offences
75. Other Offences and
Penalties
76. Judicial Enforcement
77. Monitoring and
Enforcement
78. Civil Liability
79. Jurisdiction of the
Supreme and District
Courts

PART XV
MISCELLANEOUS
80. Civil Protection for the
Regulator
81. Regulations
82. Evidence by Certificate
83. Service of Notices etc
84. Amendments to
Schedule
85. Savings and Transitional
Provisions
86. Transitional Provisions
for Prior Licences

Schedule


____________

2005, No.20


AN ACT to establish a new legislative framework for the
telecommunications sector, and to repeal and
harmonize certain provisions of the Post Office Act
1972, the Postal and Telecommunications Services
Act 1999 and the Post and Telecommunications
Internet Act 1997. [29th
June 2005]

BE IT ENACTED by the Legislative assembly of Samoa in
Parliament assembled as follows:
90 Telecommunications Act 2005 2005, No.20

PART I
PRELIMINARY

1. Short Title and commencement-(1) This Act may be cited as the Telecommunications Act 2005.
(2) This Act shall commence, in whole or parts or sections or paragraphs thereof, on a date or dates nominated by the
Minister.
(3) Notice of commencement of this Act, in whole or parts or sections or paragraphs, shall be published in Samoan and
English in the Savali and one other newspaper circulating in
Samoa.

2. Interpretation-(1) In this Act, unless the context
requires otherwise:
“Act” means the Telecommunications Act 2005;
“Affiliate” means, in relation to any one person, any other
person directly or indirectly controlling or controlled by
or under direct or indirect common control with such
specified person;
“Broadcasting service” means the transmission of radio or
video programming to the public on a free, pay,
subscription or other basis, whether by cable television,
terrestrial or satellite means, or by other electronic
delivery of such programming;
“Class licence” means a licence issued pursuant to sections
13 and 15 to a defined class of service providers and
which applies to a person falling within the defined class
without that person having to apply for the licence;
“Commencement date” means the date or dates on which
this Act commences, in whole or parts or section or
paragraphs, as specified in section 1(2);
“Control” means the power to determine the actions of
another person in any manner, whether directly through
the ownership of shares or other securities or indirectly
through an agreement or arrangement of any type;
“Exemption order” means an order made by the Regulator
pursuant to section 14;
2005, No.20 Telecommunications Act 2005 91

“Government” means the Government of the Independent
State of Samoa;
“Individual licence” means a licence issued pursuant to
sections 13 and 15 to an individual person upon the
application of that person;
“Interconnection” means the physical and logical linking of
telecommunications networks used by the same or a
different service provider in order to allow the users of
one service provider to communicate with users of the
same or another service provider, or to access the
facilities and/or services of another service provider, and
includes „access‟, meaning the making available of
telecommunications facilities or services by one service
provider to another for the purpose of providing
telecommunications services;
“Licence” means an individual licence or a class licence
issued pursuant to this Act, but does not include a radio
spectrum licence or a licence issued prior to the coming
into force of this Act;
“Licensee” means a person who holds a licence under this
Act;
“Minister” means the Minister responsible for
Communications and Information Technology;
“Ministry” means the Ministry responsible for
Communications and Information Technology;
“Office of the Regulator” means the entity established by
section 9;
“Order” means a written order made by the Regulator
pursuant to this Act, a regulation or rule;
“Public voice telephony services” means the commercial
provision to the public of the direct transport and
switching of voice telephony in real time from and to
network termination points;
“Prior licence” means an authorization for the operation of a
telecommunications network or provision of a
telecommunications service issued prior to the coming
into force of this Act;
“Radio spectrum licence” means a licence issued pursuant
to section 22;
92 Telecommunications Act 2005 2005, No.20

“Reference interconnection offer” has the meaning assigned
to it in section 37;
“Regulation” means a regulation made pursuant to the
Ministry of Communications and Information
Technology Act 2005;
“Regulator” means the person appointed pursuant to section
6 to head the Office of the Regulator;
“Rule” means a rule made by the Regulator pursuant to this
Act;
“Samoa” means the Independent State of Samoa;
“Service provider” means a person that provides a
telecommunications service to the public or that owns or
operates a telecommunications network used to provide
telecommunications services to the public;
“Telecommunications equipment” means equipment
intended to be connected directly or indirectly to a
telecommunications network in order to send, transmit
or receive telecommunications services;
“Telecommunications facility” means any facility, apparatus
or other thing that is used or is capable of being used for
telecommunications or for any operation directly
connected with telecommunications;
“Telecommunications network” means any wire, radio,
optical or other electromagnetic system for routing,
switching or transmitting telecommunications services
between network termination points;
“Telecommunications service” means any form of
transmission of signs, signals, text, images or other
intelligence by means of a telecommunications network,
but does not include a broadcasting service;
“Terms of Service” means the general terms and conditions
upon which a service provider shall provide
telecommunications services to customers and which are
set out in a document prepared in accordance with Part
IX of this Act. Once approved by the Regulator, the
Terms of Service shall, together with this Act, the
regulations, rules, orders and approved tariffs, be
binding upon a dominant service provider and its users;
and
2005, No.20 Telecommunications Act 2005 93

“Universal Access Fund” means the fund established
pursuant to section 21.

3. Objectives of this Act-The objectives of this Act are to;
(a) facilitate the development of the telecommunications
sector in order to promote social and economic
development;
(b) promote universal access to telecommunications
services at a affordable prices;
(c) promote the efficient and reliable provision of
telecommunications services, relying as much as
possible on market forces, such as competition
and private sector investment, to achieve this
objective;
(d) promote the introduction of advanced and innovative
information and communications technologies to
meet the needs of the people of Samoa;
(e) encourage sustainable foreign and domestic
investment in the telecommunications sector;
(f) establish a framework for the control of anti-
competitive conduct in the telecommunication
sector;
(g) promote efficient interconnection arrangements
between service providers;
(h) protect the interests of subscribers and other
customers of telecommunications services;
(i) define and clarify the institutional framework for
policy development and regulation of the
telecommunications sector, as well as the
separation of government policy and regulatory
functions from those of providing
telecommunications services;
(j) promote efficient management and use of radio
spectrum and other scarce resources;
(k) establish a fair, objective and transparent licensing
regime for service providers;
(l) establish and efficient approvals regime for
telecommunications equipment; and
94 Telecommunications Act 2005 2005, No.20

(m) establish measures to enforce the implementation of
this Act and to prohibit certain types of conduct
contrary to the orderly development and
regulation of the telecommunications sector.

4. Application of this Act-(1) This Act shall bind the
State.
(2) This Act applies to any act or omission or event which
occurs in Samoa or any other place.

5. Repeal of Acts-The Acts, or parts or sections of the
Acts, listed in the Schedule are repealed.


PART II
THE REGULATOR

6. Appointment of Regulator-Subject to sections 7 and 8
and this section:
(1) There shall be appointed by the Head of State, acting on
the advice of Cabinet, a Regulator who shall have and exercise
the responsibilities, functions and powers conferred by this Act
an any applicable law.
(2) The appointment of the Regulator shall be for a term of
three years, which term may be renewed by the Head of State,
acting on the advice of the Cabinet, for additional terms of three
years.
(3) A person may not be removed as Regulator prior to the
completion of a three year term of an appointment unless the
person:
(a) at the time of appointment and while holding the
position of Regulator, has a conviction or is
convicted for any offence, in Samoa or
elsewhere:
(i) involving dishonesty or corruption; or
(ii) where the penalty for such offence
includes imprisonment for one year or longer
(irrespective of whether such penalty has been or
is imposed concerning such conviction); or
2005, No.20 Telecommunications Act 2005 95

(b) is an undischarged bankrupt; or
(c) is determined by a medical practitioner to be unable
to perform the Regulator‟s responsibilities,
functions, duties and powers due to any physical
or mental incapacity; or
(d) breaches the Code of Conduct detailed in section 19
of the Public Service Act 2004.
(4) The Head of State, acting on the advice of Cabinet, may
appoint the Minister or another person to exercise the
responsibilities, functions and powers conferred by this Act and
any applicable law on the Regulator, on an interim basis,
during:
(a) the period until the first Regulator is appointed;
(b) any period of time after a Regulator ceases to hold
office and before a replacement is appointed; and
(c) a period of temporary absence or incapacity of the
Regulator
(5) A person appointed under subsection (4) may exercise
all of the responsibilities, functions and powers conferred on the
Regulator by this Act and any applicable law notwithstanding
any other provision of this Act.
(6) An appointment under subsection (4) may not continue
for a period longer than six months.

7. Disqualification-(1) Subject to this section, a person is
not eligible to be appointed or to continue as the Regulator or as
a member of the professional staff of the Regulator if the
person, directly or indirectly, as owner, shareholder, director,
officer, partner or otherwise, has any pecuniary or proprietary
interest in:
(a) a service provider; or
(b) a manufacturer or supplier of telecommunications
equipment, except where the supply is incidental
to the general merchandising of goods by
wholesale or retail.
(2) Where any interest prohibited by subsection (1) vests in
the Regulator or a member of the professional staff by will or
succession for the benefit of the Regulator or a member of the
professional staff, as the case may be, such interest shall be
96 Telecommunications Act 2005 2005, No.20

absolutely disposed of within three months of vesting, and any
failure to act in accordance with this subsection shall make the
Regulator or member of the professional staff, as the case may
require, liable under subsection (1).
(3) For the purpose of this section:
(a) a pecuniary or proprietary interest shall include, but
is not limited to, a pecuniary or proprietary
interest held by a spouse or parent or child or
brother or sister of the Regulator or member of
the professional staff, as the case may require;
and
(b) the professional staff of the Regulator shall be any
member of staff of the Regulator nominated as
such by the Regulator, as a class of such persons
or individually, or both.

8. Responsibilities, Functions and Powers of the
Regulator-(1) The Regulator shall:
(a) advise the Minister on policy for the
telecommunications sector;
(b) implement this Act, the regulations and other
elements of the legal and regulatory framework
for the telecommunications sector;
(c) issue individual and class licences, and design and
run the process for issuance of such licences;
(d) monitor and enforce compliance by licences with the
conditions of their licences;
(e) amend or revoke licences in accordance with this Act
and the regulations;
(f) define network termination points, if required for the
proper interpretation and administration of this
Act, the regulations and rules;
(g) prescribe procedures for the approval of
telecommunications equipment for attachment to
telecommunications networks in Samoa, using
the least onerous method available, such as
approval of equipment previously approved for
attachment in specified countries or regions;
2005, No.20 Telecommunications Act 2005 97

(h) establish a radio spectrum plan and manage radio
spectrum allocated to the telecommunications
sector;
(i) regulate interconnection between telecommunications
networks of different service providers;
(j) establish and manage a numbering plan and assign
numbers to service providers;
(k) resolve disputes between service providers, and
between customers and service providers.
(l) institute and maintain appropriate measures for the
purpose of preventing dominant
telecommunications service providers from
engaging in or continuing anti-competitive
practices;
(m) represent Samoa in international
telecommunications organizations, in cases
where the Minister decides the Regulator is the
appropriate representative;
(n) carry out any responsibilities, functions and powers
assigned to the Regulator in any universal access
program or arrangements established pursuant to
Part IV of this Act;
(o) maintain records of licences and licence applications,
equipment approvals and applications and
interconnection agreements and, except where
the Regulator considers it justified for reasons of
commercial confidentiality, make the documents
in such records available to the public;
(p) publish procedures, guidelines and interpretations to
facilitate the implementation of this Act;
(q) make rues for such matters as are contemplated by or
necessary for giving full effect to the provisions
of this Act and for the due administration thereof
by the Regulator;
(r) make orders respecting any matter or thing within the
jurisdiction of the Regulator under this Act, a
regulation or rule, including orders to compel a
person to comply with or implement the
purposes of this Act, a regulation, rule or licence,
98 Telecommunications Act 2005 2005, No.20

and, upon publication by the Regulator such
orders shall have the same legal force as a rule;
(s) on the initiative of the Regulator or upon request by
another person, investigate complaints against
licencesees or other service providers, and
conduct such other investigations as the
Regulator deems necessary to ensure compliance
with this Act, a regulation, rule or order, and
issue an order in respect of anything prohibited,
required or permitted to be done under this Act, a
regulation, rule or order;
(t) comply with the Code of Conduct detailed in section
19 of the Public Service Act 2004;
(u) in exercising the Regulator‟s powers and performing
duties under this Act, a regulation or rule,
determine any question of law or fact, and
despite any other law, the Regulator‟s
determination on a question of fact is binding
and conclusive for all purposes, including but not
limited to any proceedings in any Court, tribunal
or other adjudicative body; and
(v) take such other actions as are reasonably required to
carry out this Act, the regulations and rules, and
to perform such other responsibilities, functions,
and powers conferred on the Regulator under any
other law.
(2) The Regulator shall carry out the responsibilities,
functions and powers of the Regulator with a view to
implementing the objectives set out in section 3 of this Act.
(3) The Regulator shall act independently in performing the
responsibilities, functions and powers of the Regulator set out in
this Act and other laws, and in this regard:
(a) the Regulator shall act in a manner that is separate
from, and not accountable to, any service
provider, including a service provider owned by
the Government;
(b) the orders and rules made and the procedures used
by the Regulator shall be impartial with respect
to all service providers and other market
2005, No.20 Telecommunications Act 2005 99

participants; provided however that nothing in
this section shall be interpreted to prevent the
Regulator from:
(i) consulting with any person or
organization on any matter related to the
Regulator‟s responsibilities, functions and
powers; or
(ii) making a decision that is in
accordance with this Act but that has a
differential or prejudicial impact on a service
provider or other market participant.

9. Office of the Regulator-(1) There is hereby established
an Office of the Regulator, which shall function in accordance
with this section.
(2) The Regulator shall be responsible for the management
of the Office of the Regulator.
(3) The Office of the Regulator shall consist of the
Regulator, the staff of the Office of the Regulator and
employees and such other persons as may be seconded or
appointed in accordance with this section.
(4) Except as provided in this Act, the Regulator and the
Office of the Regulator shall function in accordance with the
laws governing the public service and the finances of the
Government of Samoa, and in particular:
(a) the staff and employees of the Office of the
Regulator shall be appointed or employed under
the Public Service Act 2004;
(b) the Public Service Commission shall appoint such
staff and employees on the recommendation of
the regulator; and
(c) the budget of the Office of the Regulator shall be
approved pursuant to the national budgetary
process for the Government taking into account
any fees collected pursuant to a regulation made
under sections 10(1) and (3).
(5) The Minister, acting on the advice of the Chief
Executive Officer of the Ministry and of the Regulator, may by
notice in writing:
100 Telecommunications Act 2005 2005, No.20

(a) designate one or more persons employed by the
Ministry or other Ministries or Government
organizations to work with the Office of the
Regulator on a secondment basis. Such
secondments may be part-time or full time, and
shall last for such period of time as indicated in
the notice; and
(b) determine that the Office of the Regulator may share
or otherwise utilize support staff, office premises
and other resources of the Ministry, or another
Government organization.
(6) A person who has been appointed or seconded to the
Office of the Regulator and to whom the Regulator delegates a
responsibility or function or power in writing, shall perform
such of the responsibilities, functions and powers of the
Regulator, as are specified in the delegation, and a delegation
under this subsection may:
(a) authorize a person to make orders or issue licences;
(b) restrict the delegation to specific types of matters, or
to a specific period of time;
(c) be subject to terms, conditions or restrictions; and
(d) be revoked by notice in writing.
(7) In addition to the persons appointed or seconded to the
Office of the Regulator under this section, the Regulator may
appoint such consultants as may be necessary for the efficient
performance of the functions of the Regulator.
(8) all persons appointed or seconded under this section
shall work under the direction of the Regulator in the discharge
of their functions, powers and duties.
(9) The Regulator shall conduct the affairs of the Office of
the Regulator in an open and transparent manner. To this end,
the Regulator shall, from time to time, publish or cause to be
published, notices, rules and procedures governing the operation
of the Office of the Regulator and the Office‟s dealings with the
public.
(10) The regulator shall cause the Office of the Regulator to
establish an official web site to increase the transparency of the
Office‟s affairs to persons inside and outside of Samoa.
2005, No.20 Telecommunications Act 2005 101

(11) All rules, orders, notices and other important
documents issued by the Office of the Regulator regarding the
regulation of the telecommunications sector shall be posted on
the Regulator‟s official web site, and published in any other
media that the Regulator considers necessary or appropriate to
provide adequate notice to interested persons.
(12) Within six months after June 30th
of each year the
Regulator shall cause the Office of the Regulator to prepare and
provide to the Minister an annual report on the work of the
Office of the Regulator, such report to include:
(a) a summary of the activities of the Office of the
Regulator;
(b) financial statements and accounts and audit report on
such statements and accounts (including the
Universal Access Fund) in a form approved and
audited by or under the direction and control of
the Controller and Chief Auditor;
(c) a list of licences in force and issued;
(d) a list of interconnection agreements filed with the
Regulator;
(e) a summary of material litigation involving the
Regulator;
(f) a report on the Universal Access Fund;
(g) a summary of rules and major orders made in the
period since publication of the last annual report;
(h) a description of major procurement and outsourcing
activities undertaken by the Regulator;
(i) a list of staff, employees and consultants appointed or
seconded to the Office of the Regulator; and
(j) such other information as the Minister may determine
by notice in writing.
(13) The Minister shall table the annual report in the
Parliament at the fist available opportunity.

10. Licence, Radio Spectrum and Numbering Fees- (1)
The Regulator may propose a regulation to establish:
(a) licence fees, including licence application fees and
annual licence fees;
(b) radio spectrum usage fees; and
102 Telecommunications Act 2005 2005, No.20

(c) fees for the use of telecommunications numbers.
(2) The fees provided for in subsection (1) shall not come
into effect until assent by the Head of State, acting on the advice
of Cabinet, of a regulation establishing the fees and related
payment and administration procedures.
(3) A regulation made under this section may provide that
licence fees and fees for radio spectrum usage and
telecommunications numbers shall be collected from all
licensees taking into account the following principles.
(a) such fees may be used to fund, in whole or in part,
the responsibilities, functions and powers of the
Regulator and the operations of the Office of the
Regulator under this Act and other laws;
(b) funding of the Regulator and the Office of the
Regulator may be made indirectly, with fees
payable in the first instance to the Treasury
Fund, and then taken into account by the
Ministry of Finance in funding the budget of the
Regulator through the normal Government
budgetary process;
(c) fees shall be levied on different licensees and users
of spectrum and numbers in an impartial and
competitively neutral manner; and
(d) licence fees may be based on a percentage of the
revenues of licensees from the provision of their
licenced telecommunications services.
(4) Fees required to be paid under this section constitute a
debt due to the Government and may recovered in a court of
competent jurisdiction.

11. Appeal and Review of Orders of the
Regulator-(1) An appeal from an order of the Regulator may
be made only:
(a) on any question of law; and
(b) to the Supreme Court with the leave of the Court.
(2) An application for leave to appeal shall be made within
thirty days after the date of the order appealed from.
(3) An appeal shall be brought within sixty days after the
day on which leave to appeal is granted.
2005, No.20 Telecommunications Act 2005 103

(4) On an appeal under this section the Supreme Court may
draw any inference that is not inconsistent with the findings of
fact made in the order.
(5) Despite any other law, on hearing an appeal under this
section the Supreme Court shall have only the jurisdiction and
power to:
(a) Determine the applicable law; and/or
(b) Declare the order subject to appeal, or part of the
order, to be lawful or unlawful; and/or
(c) Remit the order to the Regulator for further
determination by the Regulator in accordance
with any determination and/or declaration made
under paragraphs (a) and/or (b).


PART III
TELECOMMUNICATIONS LICENCES

12. Requirement to Hold Licence-(1) No person shall:
(a) provide a telecommunications service to the public
for direct or indirect compensation; or
(b) own or operate a telecommunications network used
to provide a telecommunications service to the
public for direct or indirect compensation, except
under and in accordance with a licence or an
exemption order issued by the Regulator:
(2) For the purposes of this section:
(a) the public includes persons in Samoa or elsewhere;
and
(b) the provision of telecommunications services to the
public includes the provision or offering of such
a service to any segment of the public, including
the resale of telecommunications services
obtained from another person, even if only one
person is provided or offered such a service.
(3) All telecommunications services and
telecommunications networks, other than those described in
subsection (1), may be provided without a licence.
104 Telecommunications Act 2005 2005, No.20

13. General Provisions Related to Licences-(1) Licences
shall be issued by the Regulator, and shall be signed by the
Regulator or a delegate of the Regulator to whom authority has
been delegated under section 9.
(2) A licence is a unilateral grant of permission from the
Regulator to provide a telecommunications service or operator a
telecommunications network, and for all purposes it shall not be
regarded as a contract or bilateral agreement.
(3) Licences shall be in writing, and the Regulator shall
make copies of them available for inspection by the public.
(4) In all circumstances where a licence is required, the
following shall be made publicly available by the Regulator:
(a) the applicable licensing procedures and licensing
criteria; and
(b) the period of time normally required to reach a
decision concerning an application for a licence.
(5) The reasons for denial of a licence shall be provided in
writing by the Regulator to an applicant upon request.
(6) Licences for service providers that provide the same
telecommunications services or own or operate the same
telecommunications networks shall not unfairly discriminate
between such licensees.
(7) The Regulator may issue licences under section (1)
notwithstanding:
(a) any law, including but not limited to this Act, the
Post Office Act 1972 and the Postal and
Telecommunications Services Act 1999; or
(b) any agreement, contract, arrangement, licence or
other provision in existence at the
commencement date.
(8) Where:
(a) the Regulator has issued a licence under subsection
(1); and
(b) the Attorney General and the Chief Executive Office
of the Ministry of Finance have advised Cabinet
in writing that the grant of such licence has
adversely affected the rights of a party under an
existing agreement, contract, arrangement,
licence or other provision,
2005, No.20 Telecommunications Act 2005 105

Cabinet, in its absolute discretion, may authorize the provision
of compensation to such party in the form of money,
concessions, benefits or otherwise in such amount and/or form
as the Attorney General and the Chief Executive Officer of the
Ministry of Finance in writing may recommend.

14. Exemption Orders-(1) The Regulator may issue an
order (an “exemption order”) exempting specified activities or
classes of persons from the requirement to hold a licence.
(2) An exemption order may be made subject to such
conditions as the Regulator deems necessary and that are
consistent with this Act; the regulations and rules.

15. Types of Licences-(1) The Regulator may issue two
types of licences:
(a) individual licences; and
(b) class licences
(2) The rules shall specify which type of
telecommunications services require individual licences and
class licences. Until such a rule comes into force, the Regulator
may issue an order prescribing which types of
telecomuunications services require individual licences and
class licences.

16. Licensing Procedures-(1) The procedures for issuing
licence shall be fair and objective.
(2) The procedures and criteria for issuing licences shall be:
(a) published in Samoan and English in the Savali and
one other newspaper circulating in Samoa; and
(b) posted on the Regulator‟s official web site.

17. Licence Conditions-(1) The Regulator shall establish
the conditions of all licences.
(2) Licence conditions shall be kept to a minimum and used
only where rules of general application cannot adequately
provide regulatory controls that the Regulator considers
necessary to implement this Act.
106 Telecommunications Act 2005 2005, No.20

18. Amendment and Revocation of Licences-(1) The
Regulator may amend or revoke a licence if:
(a) the amendment or revocation has been requested or
agreed to by the licensee;
(b) the licensee has been in breach of a material licence
condition or this Act or a regulation, rule or
order made under this Act;
(c) changes to international treaties, commitments,
recommendations, standards or the laws of
Samoa require an amendment or a revocation; or
(d) the Regulator decides that the amendment or
revocation is required to implement this Act in a
manner consistent with the objectives listed in
section 3.
(2) Prior to amendment or revocation of a licence pursuant
to this section, the Regulator shall notify the licensee in writing
that the Regulator in considering the relevant action, and shall
consider any comments made by the licensee in a timely
manner.
(3) Notice under subsection (2):
(a) shall give the licensee at least 14 days from service
of the notice to prepare comments on the
relevant actions;
(b) shall set out any procedures the Regulator will use
in considering the relevant action; and
(c) may invite comments from other interested parties
or the public.
(4) If the Regulator amends or revokes a licence pursuant to this section, the Regulator shall provide the licensee with
reasonable time to comply with the amendment or revocation.
(5) Where a licence is revoked the Regulator shall take into account continuity of service to customers and include in the
revocation order such terms and conditions as the Regulator
deems appropriate.
(6) Further procedures related to the amendment or revocation of a licence may be set out in rules or orders.

19. Term and Renewal-(1) The term of a licence shall be
stated in the licence.
2005, No.20 Telecommunications Act 2005 107

(2) Subject to subsection (3), upon application of the licensee, a licence shall be renewed by the Regulator on the
same conditions.
(3) The Regulator may renew a licence on new conditions or deny the renewal of a licence if:
(a) the licence has been in breach of one or more
material licence conditions, or this Act, or a
regulation, rule or order made under this Act; or
(b) changes to:
(i) any international treaty to which Samoa is a party; or
(ii) any commitment or recommendation or standards applicable to the Government or Samoa; or
(iii) any applicable law, require a renewal on new conditions or denial of a renewal, as the case
may require; or
(c) the Regulator decides that a renewal on new
conditions or the denial of a renewal is required
to implement this Act in a manner consistent
with the objectives listed in section 3.


PART IV
UNIVERSAL ACCESS

20. Universal Access Policy-(1) The Regulator may
propose, and the Minister may approve, a policy setting out
specific objectives and related principles and service obligations
relating to the provision of universal access to
telecommunications services in Samoa.
(2) The Minister may establish an advisory body, in
accordance with Part VI of the Ministry of Communications and
Information Technology Act 2005, to advise the Regulator and
the Minister on the preparation of a universal access policy.
(3) In preparing a universal access policy, the Regulator
shall consider:
(a) the objectives for the development of universal
access;
108 Telecommunications Act 2005 2005, No.20

(b) the basic telecommunications services to be included
in universal access obligations;
(c) the geographical areas in which specified levels of
universal access should be achieved; and
(d) the costs of the universal access service obligations.
(4) In preparing a universal access policy, the Regulator
shall ensure that any universal access obligations of service
providers:
(a) are administered in a transparent, non-discriminatory and competitively neutral manner; and
(b) are bit more burdensome than necessary for the universal access objectives to be achieved.
(5) The Regulator shall consult with interested parties when
preparing a universal access policy.
(6) Part III of the Public Bodies (Performance and
Accountability) Act 2001 relating to Community Service
Obligations shall not apply to Part IV of this Act

21. Universal Access Fund-(1) Following approval of a
universal access policy, the Minister, by notice in writing, may
establish a Universal Access Fund to be used to subsidize the
net costs of providing universal access.
(2) A Universal Access Fund established under this section
shall be administered by the Regulator and in accordance with
any financial and administrative directors issued in writing by
the Chief Executive Officer of the Ministry of Finance.
(3) The Universal Access Fund shall be operated out of a
separate account from the Ministry or the operational accounts
of the Regulator.
(4) Subject to subsection (5), where the Minister has
established a Universal Access Fund under subsection (1), the
Minister, by notice in writing from time to time, shall:
(a) Require all licencees to contribute to the Fund; and
(b) Determine the contribution obligations of licencees
and the disbursement procedures of the Fund.
(5) The disbursement procedures of the Universal Access
Fund shall be competitively neutral and market-oriented.
2005, No.20 Telecommunications Act 2005 109

PART V
RADIO SPECTRUM MANAGEMENT

22. Spectrum Management Functions-(1) The Regulator shall be responsible for the orderly and efficient management,
allocation and assignment of frequencies in the radio spectrum.
(2) In relation to radio spectrum management, the
Regulator shall:
(a) advise the Minister on matters relating to the use or
management of the radio spectrum;
(b) conduct public inquiries relating to the use or
management of radio spectrum, where the
Regulator determines such inquiries to be
necessary or useful for the Regulator‟s
management of the radio spectrum;
(c) prepare and publish a national radio spectrum plan
and any other required radio spectrum plans,
frequency band plans, marketing plans and plans
for the migration of spectrum users to different
bands;
(d) ensure that the use of the radio spectrum is consistent
with any applicable international treaties,
commitments, protocols and standards;
(e) intervene in and resolve interference disputes, where
such disputes are not resolved by the disputing
parties to the satisfaction of the Regulator;
(f) make advisory guidelines relating to the use of radio
spectrum, where the Regulator determines such
guidelines to be necessary or useful for the
Regulator‟s management of the radio spectrum;
(g) issue radio spectrum licences to authorize persons to
use the radio spectrum and make transmissions
by radio;
(h) administer matters related to radio spectrum fees,
including fees established by regulation under
section 10;
(i) determine, allocate and assign frequency bands or
any other matters relating to the transmission of
110 Telecommunications Act 2005 2005, No.20

radio communications (whether by satellite,
terrestrial or other transmissions); and
(j) perform such other radio spectrum-related functions
as are conferred on the Regulator by another Act
or by a regulation or rule.

23. Radio Spectrum Regulation-(1) The Regulator shall develop a rule to implement an efficient approach to
management of the radio spectrum in Samoa. this rule may
provide, among other things:
(a) classes or other types of radio spectrum and radio
equipment;
(b) requirements for radio spectrum licences authorizing
the use of the radio spectrum;
(c) requirements for authorization for the use of radio
apparatus;
(d) technical requirements and standards in relation to
radio equipment, interference-causing equipment
and radio-sensitive equipment; and
(e) procedures, conditions and restrictions applicable to
the use of the radio spectrum and radio
equipment.
(2) The rules under subsection (1) shall be binding on all
users of the radio spectrum or radio apparatus in Samoa.

24. Interference Disputes and Coordination-(1) In
resolving radio spectrum interference disputes, the Regulator
may:
(a) appoint an arbitrator to settle the dispute in
accordance with the provisions of the Arbitration
Act 1976;
(b) assign staff or technical experts retained by the
Regulator to mediate the dispute, and failing
successful mediation, to report to the Regulator
on possible resolutions of the dispute; or
(c) issue an order to resolve the dispute, with or without
receipt of a report pursuant to paragraph (b).
(2) The Regulator shall consult with and coordinate the use
of the radio spectrum with other countries, international users
2005, No.20 Telecommunications Act 2005 111

and international organizations, such as the International
Telecommunications Union, as required by law or treaty in
force or as other wise determined by the Regulator.


PART VI
COMPETITION POLICY

25. Functions and Duties of Regulator Regarding
Competition-(1) The Regulator shall perform the following
functions and duties in relation to competition among service
providers in telecommunications markets in Samoa:
(a) promote efficient and sustainable competition for the
benefit of end-users;
(b) establish an open and transparent regulatory
framework that minimizes regulatory and other
barriers to entry into telecommunications
markets;
(c) make orders defining markets and relevant markets
for the purpose of this Act;
(d) make orders designating dominant service providers
in relevant markets in Samoa, based on their
market share and other factors as determined in
accordance with section 26;
(e) monitor and prevent abuses of a service provider‟s
dominant position, pursuant to section 27;
(f) monitor and prevent practices that would restrict
competition, in accordance with section 28;
(g) review and decide upon proposed transfers of control
of service providers, in accordance with section
31;
(h) undertake market reviews from time to time to
evaluate market conditions and the state of
competition in those markets; and
(i) dispose of complaints and resolve disputes related to
anti-competitive practices in a timely and
impartial manner.
(2) Wherever a conflict arises between the provisions of
this Act and the provisions of any other legislation regulating
112 Telecommunications Act 2005 2005, No.20

competition in telecommunications markets in Samoa,
including but not limited to the Fair Trading Act 1998, the
provisions of this Part shall prevail.
(3) The Regulator may issue an order that authorizes a
person to provide a telecommunications service and to construct
and operate telecommunications facilities, notwithstanding that
a service provider has been granted exclusive rights by licence,
agreement or other wise, to engage in such service provision,
construction or operation, provided that:
(a) the Regulator has given the service provider with
exclusive rights notice of:
(i) the Regulator‟s intention to issue an
order under this subsection; and
(ii) at least 21 days to comment before
such an order is made; and
(b) after taking into account any comments received
under paragraph (a), the Regulator has made an
order that the service provider with exclusive
rights has unreasonably failed or refused to
provide such services, or to construct and operate
such facilities.

26. Designation of Dominant Service
Providers-(1) Every service provider whose gross revenues in
a specific telecommunications market constitutes forty per cent
(40%) or more of the total gross revenues of all service
providers in that market, shall be designated a dominant service
provider in that market, unless and until the Regulator specifies
otherwise in an order.
(2) The Regulator may designate a service provider with less than forty per cent (40%) of the total gross revenues in a
specific telecommunications market as a dominant service
provider if, either individually or acting together with others,
the service provider enjoys a position of economic strength
affording it the power to behave to an appreciable extent
independently of competitors or customers.
(3) The Regulator shall post and maintain on its official web site a current list of all dominant service providers
2005, No.20 Telecommunications Act 2005 113

specifying the markets in which such providers have been
designated to be dominant.
(4) Orders designating dominant service providers shall specify and define the relevant markets for which a service
provider is designated to be dominant and the circumstances
relied on by the Regulator to support any findings regarding
dominance.

27. Abuse of Dominance-A dominant service provider is
prohibited from undertaking activities or actions that abuse the
service provider‟s dominant position, and for the purposes of
this section the following types of actions and activities shall be
considered an abuse of dominant position:
(a) failing to supply essential facilities to a competitor
within a reasonable time after a request and on
reasonable conditions, or discriminating in the
provision of interconnection or other
telecommunications service providers; except
under circumstances that are objectively justified
based on differences in supply conditions,
including different costs or a shortage of
available facilities or resources;
(b) bundling of telecommunications services, whereby
the service provider requires, as a condition of
supplying a service to a competitor, that the
competitor does not require;
(c) offering a competitor more favourable terms or
conditions that are not justified by cost
differences if the competitor acquired another
service that the competitor does not require;
(d) pre-emptively acquiring or securing scarce facilities
or resources, including but jot limited to rights of
way, required by another service provider for the
operation of such service provider‟s business,
with the effect of denying the use of the facilities
or resources to such service provider;
(e) supplying competitive telecommunications services
at prices below long run average incremental
114 Telecommunications Act 2005 2005, No.20

costs or such other cost standard as may be
established by the Regulator;
(f) using revenues or the allocation of costs from one
telecommunications service to cross-subsidize a
competitive telecommunications service with the
objective of lessening competition, except where
such cross subsidy is specifically approved by
order of the Regulator or by approval of tariffs
for relevant telecommunications services;
(g) failing to comply with the interconnection
obligations of a dominant service provider
specified in Part VII of this Act;
(h) performing any of the following actions, where such
actions have the effect of impeding or preventing
a competitor‟s entry into, or expansion in, a
market:
(i) deliberately reducing the margin of
profit available to a competitor that requires
wholesale telecommunications services from
the dominant service provider, by increasing
the prices for the wholesale
telecommunications services required by that
competitor, or decreasing the prices of the
retail telecommunications services in markets
where they compete, or both;
(ii) requiring or inducing a supplier to
refrain from selling to a competitor;
(iii) adopting technical specifications for
networks or systems to deliberately prevent
interoperability with a network or system of
a competitor;
(iv) failing to make available to other
service providers on a timely basis technical
specifications, information about essential
facilitie or other commercially relevant
formation which is required by such other
service providers to provide
telecommunications services and which is
not available from other sources; and
2005, No.20 Telecommunications Act 2005 115

(v) using information obtained from
competitors for purposes related to
interconnection of supply of
telecommunications services by the dominant
service provider to compete with such
competitors;
(i) any other action or activity engaged in by a dominant
service provider that the Regulator determines in
accordance with section 29 to have the effect, or
likely to have the effect, of materially restricting
or distorting competition in a
telecommunications market

28. Other Anti-Competitive Practices-No person shall
engage in a practice restricting or distorting competition in
telecommunications markets, including the following:
(a) arrangements between two or more service providers
that directly or indirectly fix the prices or other
terms or conditions of telecommunications
services in telecommunications markets;
(b) arrangements between two or more service providers
that directly or indirectly determine which
person will win a contract or business
opportunity in a telecommunications market; and
(c) arrangements between two or more service providers
to apportion, share or allocate
telecommunications markets among themselves
or other service providers.

29. Determination of Abuse of Dominance and Anti-
Competitive Practices-The Regulator may, on application by
any person, or on the Regulator‟s own initiative, determine:
(a) whether or not the actions or activities of a dominant
service provider constitute an abuse of the
dominant service provider‟s dominant portion
within the meaning of section 27;
(b) whether or not the actions or activities of any service
provider amount to an anti-competitive practice
within the meaning of section 28; and
116 Telecommunications Act 2005 2005, No.20

(c) that an action or activity of a service provider under
sections 27 or 28 are authorized and shall not be
considered to contravene this Act, on the
grounds that such actions or activities are in the
public interest and are otherwise consistent with
the objectives set out in section 3.

30. Remedies for Abuse of Dominance and Anti-
Competitive Practices-(1) If the Regulator determines that the
actions or activities of a service provider constitute an abuse of
the service provider‟s dominant position or an anti-competitive
practice within the meaning of this Act or a regulation or rule,
the Regulator may issue an order to:
(a) require one or more persons named in the order to
take one or more of the following actions:
(i) cease the actions or activities
specified in the order immediately, or at such
time specified in the order, and subject to
such conditions specified in the order;
(ii) make specific changes in actions
or activities specified in the order, as a means
of eliminating or reducing the abusive or
anti-competitive impact; and/or
(b) impose a financial surcharge not exceeding
SAT$100,000 on a service provider whose
actions constitute:
(i) an abuse of the service provider‟s
dominant position; or
(ii) an anti-competitive practice; and/or
(c) require the service provider involved in the abusive
action or activity or anti-competitive practice and
any persons affected by such action, activity or
practice to meet and attempt to determine
remedies to prevent or eliminate continuation of
such action, activity or practice, and to resolve
any remaining dispute; and/or
(d) require the service provider responsible for the
abusive or anti-competitive action or activity
specified in the order to publish an
2005, No.20 Telecommunications Act 2005 117

acknowledgement and apology for such action,
activity or practice in Samoan and English in the
Savali and one other newspaper circulating in
Samoa, in such a form and at such time as the
Regulator specifies in the order; and/or
(e) require the service provider to provide periodic
reports to the Regulator to assist in determining
whether the action or activity is continuing and
to determine their impact on telecommunications
markets, competitors and customers.
(2) A financial surcharge imposed under subsection (1)(b)
shall be payable to the Treasury Fund.
(3) For the purpose of removal of doubt, the Regulator may
revoke a licence where a licensee fails to pay a financial
surcharge imposed under subsection (1)(b).

31. Transfers of Control of Service
Providers-(1) Subject to this section, no approvals shall be
required for the transfer of control of a service provider.
(2) No transfer of control of a service provider shall be
effected without the prior approval of the Regulator if:
(a) a dominant service provider or an affiliate of a
dominant service provider is:
(i) the person ultimately acquiring control
of the service provider; or
(ii) the person whose control is being
transferred; or
(b) as a result of the transfer, a person, alone or with
affiliates, would control service providers whose
gross revenues in a specific telecommunications
market constitutes forty per cent (40%) or more
of the total gross revenues of all service
providers in that market.
(3) No transfer of control that requires approval under
subsection (2) shall be completed or have any legal force or
effect unless the person applying for approval of the transfer has
received written approval for the transfer from the Regulator.
(4) Applications for transfers of control that require
approval under subsection (2) shall include such information on
118 Telecommunications Act 2005 2005, No.20

the proposed transfer transaction as the Regulator may require.
Such information shall, at a minimum, include:
(a) the identification of all persons involved in the
transfer transaction, including buyers and sellers,
their shareholders and affiliated companies, and
any other persons that have a greater than five
per cent (5%) ownership interest in all such
persons;
(b) a description of the nature of the transaction and a
summary of its commercial terms;
(c) financial information on the persons involved in the
transaction, including their annual revenues from
telecommunications markets, identified by
specific markets, value of assets devoted to
telecommunications business and copies pf any
recent annual or quarterly financial reports; and
(d) a description of the relevant telecommunications
markets in which the persons involved in the
transaction operate.
(5) The Regulator may request additional information
regarding an application for a transfer of control that requires
approval under subsection (2) at any time.
(6) Subsection to subsection (7), within ninety (90) days of
receipt of a duly completed application for a transfer of control
that requires approval under subsection (2), the Regulator shall:
(a) approve the transfer of control without conditions;
or
(b) approve the transfer of control with such conditions
as are reasonably related to promotion the
development of open and competitive
telecommunications markets in Samoa and
maximizing the benefits of the transaction for
telecommunications customers; or
(c) deny the transfer of control; or
(d) issue a notice initiating an investigation of the
proposed transfer of control, and following such
investigation the Regulator shall take one of the
actions set out in paragraphs (a), (b) and (c).
2005, No.20 Telecommunications Act 2005 119

(7) The Regulator shall only deny a transfer of control or
attach conditions to a transfer of control under this section if the
Regulator determines, acting reasonably, that the transfer would
have serious anti-competitive effects which would outweigh any
positive effects for telecommunications customers.

PART VII
INTERCONNECTION

32. Functions and Duties of the Regulator Regarding
Interconnection-The Regulator shall perform the following
functions and duties in relation to interconnection of
telecommunications networks:
(a) promote adequate, efficient and cost-oriented
interconnection of telecommunications networks
and access by service providers to
telecommunications facilities of other service
providers, in order to permit interoperability of
telecommunications services that originate or
terminate in Samoa and to promote the
development of competitive telecommunications
service market;
(b) establish an open, non-discriminatory and
commercially viable regulatory framework for
interconnection and access with a view to
minimizing regulatory and other barriers to entry
into telecommunication markets;
(c) promote interconnection arrangements, including by
facilitating negotiations between parties to reach
interconnection agreements;
(d) ensure that interconnection agreements otherwise
meet the objectives of this Act;
(e) determine which service providers are dominant
service providers in a telecommunications
market for interconnection;
(f) if considered appropriate by the Regulator, regulate
the prices for interconnection and access services
by dominant service providers in a
telecommunications market for interconnection;
120 Telecommunications Act 2005 2005, No.20

(g) ensure that dominant service providers in a
telecommunications market for interconnection
publish a reference interconnection offer in
accordance with section 37 of this Act and any
regulations, rules and orders applicable to
interconnections;
(h) resolve disputes related to interconnection in a
timely and impartial manner; and
(i) make orders specifying the terms of interconnection
that shall be provided by one or more service
providers, including direct, indirect and virtual
interconnection arrangements.

33. Interconnection by All Service Providers-(1) Upon
receipt of a written request by another service provider, a
service provider shall enter into good faith negotiations to enter
into an interconnection agreement to:
(a) connect and keep connected the telecommunications
networks of both service providers; and
(b) provide access to such telecommunications
facilities, including but not limited to central
officers and other switching equipment locations,
mast sites, towers, poles, subscriber access lines
and underground facilities, as are reasonably
requested in order for the service providers to
provide telecommunications to their customers.
any co-location of facilities shall also be subject
to section 68.
(2) The Following actions or practices shall be deemed to
violate the duty in subsection (1) to negotiate in good faith:
(a) obstructing or delaying negotiations, or failing to
make reasonable efforts to resolve outstanding
disputes;
(b) refusing to provide information about a service
provider‟s own telecommunications services or
telecommunications network or other facilities
that are necessary for the interconnection
arrangements;
2005, No.20 Telecommunications Act 2005 121

(c) misleading or coercing a party into reaching an
agreement the party would not otherwise have
made;
(d) interfering in any way with a service provider‟s
ability to communicate with the Regulator,
including having a service provider sign a non-
disclosure agreement that preludes the service
provider from providing information requested
by the Regulator; or
(e) refusing to permit amendment of the interconnection
agreement to take into account changes in
circumstances, including changes to this Act, a
regulation or rule.
(3) Where the Regulator has not made an order otherwise, a
service provider shall not be required to enter into an
interconnection agreement on terms that would, in the service
provider‟s reasonable opinion:
(a) cause or be likely to cause material danger, damage
or injury to any person or to any property;
(b) cause material damage or otherwise interfere with
the operation of the service provider‟s facilities
or the provision of the service provider‟s
telecommunication services; or
(c) not be reasonable, having regard to technical or
economic constraints.
(4) Service providers and other interested parties may at
any time request the Regulator to issue an order that clarifies or
interprets the interconnection rights or obligations set out in this
Act, a regulation, rule or order.

34. Interconnection by Dominant Service
Providers-(1) Sections 35, 36, 37 and 38 apply only to service
providers that the Regulator has designated as dominant service
providers for interconnection purposes in one or more
telecommunications markets.
(2) The Regulator may issue an order to designate a service
provider as being a dominant service provider for
interconnection purposes in one or more telecommunications
markets if the Regulator considers that:
122 Telecommunications Act 2005 2005, No.20

(a) the service provider is a dominant service provider
within the meaning of this Act; or
(b) the service provider, either individually or jointly
with others, enjoys a position equivalent to that
of a dominant service provider.

35. Requests for Interconnection-(1) Interconnection
arrangements which are offered by dominant service providers
designated in accordance with section 34, in addition to meeting
the requirements of section 33, shall:
(a) be consistent with this Act and any rules and orders
made by the Regulator before the date of the
offer, including any guidelines prescribed therein
relating to interconnection charges and quality of
service;
(b) be no less favourable than any reference
interconnection offer that has been approved by
the Regulator for the service provider;
(c) meet all reasonable requests for interconnection with
the dominant service provider‟s
telecommunications network at any technically
feasible point; and
(d) in all other respects, incorporate reasonable terms
and conditions, including technical standards and
specifications.
(2) Every dominant service provider designated in
accordance with section 34 shall ensure that the dominant
service provider:
(a) applies similar conditions to all interconnecting
service providers under similar circumstances;
(b) provides interconnection to interconnecting service
providers under substantially the same
conditions and of substantially the same quality
as it provides for the dominant service provider‟s
own telecommunications services, or those of the
dominant service provider‟s affiliates;
(c) makes available on request all necessary or
reasonably required information and
2005, No.20 Telecommunications Act 2005 123

specifications to service providers requesting
interconnection; and
(d) only uses information received from a service
provider seeking interconnection for the
purposes for which such information was
supplied and does not disclose the information or
otherwise use the information to obtain a
competitive advantage.

36. Interconnection Charges-(1) Interconnection charges
of dominant service providers designated in accordance with
section 34 shall be cost-based. The Regulator may approve a
plan to phase in this requirement over time, taking into account
the financial impact on the affected dominant services
providers.
(2) In establishing charges for interconnection, dominant
service providers designated in accordance with section 34 shall
comply with any rules or orders applicable to interconnection,
including any pricing, costing and cost separation guidelines
established by order of the Regulator.
(3) The Regulator may require the interconnection charges
of any dominant service provider designated in accordance with
section 34 to be approved by the Regulator in advance,
including the power to direct such dominant service provider to
implement charges determined by the Regulator.

37. Reference Interconnection Offers-(1) Every dominant
service provider designated in accordance with section 34 shall:
(a) prepare a reference interconnection offer for
approval by the Regulator within the time period
specified by order of the Regulator;
(b) periodically update the reference interconnection
offer as determined by order of the Regulator;
and
(c) publish its approved reference interconnection offer
by:
124 Telecommunications Act 2005 2005, No.20

(i) filing a copy with the Regulator, who
shall publish the reference interconnection
offer on the Regulator‟s official web site;
(ii) making a copy available to the public
in the dominant service provider‟s principal
business offices; and
(iii) sending a copy to any service
provider on request.
(2) Every reference interconnection offer shall:
(a) comply with any rules or orders applicable to
interconnection, including any applicable
guidelines for the form and content of a
reference interconnection offer established by
order of the Regulator; and
(b) include a full list of services to be supplied to
service providers, setting out the associated
terms and conditions, including the charges for
each service.

38. Publication of Interconnection
Agreements-(1) Every dominant service provider designated in
accordance with section 34 shall, within ten (10) days after
execution of an interconnection agreement, file a copy of the
agreement with the Regulator.
(2) Subject to subsections (3), (4) and (5), the Regulator
shall place a copy of all interconnection agreements filed with
the Regulator in accordance with subsection (1) on the
Regulator‟s official web site.
(3) Subject to subsections (4) and (5), a service provider
may designate information contained in an interconnection
agreement that the service provider has filed with the Regulator
in accordance with subsection (1) as confidential, and request
that such confidential information be excluded from the copy of
the interconnection agreement placed on the Regulator‟s official
web site.
(4) For the purposes of this section:
(a) details of interconnection charges shall not be
considered confidential unless they are within a
2005, No.20 Telecommunications Act 2005 125

range that has previously been approved by the
Regulator; and
(b) essential terms and conditions of interconnection,
other than interconnection charges, shall not be
considered confidential.
(5) The Regulator shall determine what other information
shall be treated as confidential under this section and resolve in
a final and binding manner all disputes regarding disclosure of
information designated as confidential in interconnection
agreements submitted to the Regulator under this section.

39. Non-compliant Interconnection Agreements–If the
Regulator decides that an interconnection agreement is not in
compliance with this Act, or the requirements of any regulation,
rule, order or licence, the Regulator may issue an order
requiring one or more of the parties to the interconnection
agreement to amend the agreement in accordance with any
directions or other requirements specified in the order.

PART VIII
TARIFFS

40. Tariff Filing and Approval-(1) Dominant service
provider shall file with and obtain the approval of the Regulator
for all tariffs, rates or charges for telecommunications services
in markets the Regulator has designated then as dominant.
(2) The Regulator may issue an order to remove any
requirement for dominant service providers to file and obtain
approval of tariffs under this Part where the Regulator
determines that:
(a) competitive market forces will be sufficient to
protect the interests of customers;
(b) there is not a significant risk of harm to competitive
markets as a result of the removal of the
requirement to file and obtain approval of tariffs;
(c) in the case of Telecom Samoa Cellular Limited,
tariffs are not required to be filed for services
that company was licensed to provide under a
licence issued before the coming into force of
126 Telecommunications Act 2005 2005, No.20

this Act, if the licence provides that the tariffs
are not subject to regulatory approval.
(3) Tariffs for telecommunications service provided by the
dominant service providers shall be based on the cost of
efficient service provision and shall not contain excessive
charges which are made solely as a result of the service
provider‟s dominant position.
(4) The Regulator may issue an order to require a change in
the tariffs for telecommunications services provided by a
dominant service provider where such tariffs are in
contravention of subsection (3). Such an order shall nominate
the new tariff amount and give reasons for the required change.
(5) Tariffs that are subjects to filing with and approval by
the Regulator under this section shall enter into force only after
they have been approved by an order of the Regulator. Any
agreement or arrangement between service providers and any
customer to apply such a tariff, other than one approved by the
Regulator, is prohibited and, despite any other law, shall be
regarded for all purposes as null and void.
(6) Unless the Regulator makes an order to the contrary, a
dominant service provider shall not be required to file or obtain
approval of tariffs for services that are provided in markets
where the service provider is not designated to be a dominant
service provider.
(7) A service provider shall not charge for a accept tariffs,
rates, charges, other consideration or impose terms or
conditions that are contrary to the provisions of an applicable
tariff approved by the Regulator.

41. Publication of Tariffs-(1) Unless the Regulator orders
otherwise, when a dominant service provider files a tariff or
schedule of tariffs with the Regulator, the service provider shall:
(a) from the date on which the tariff or schedule of
tariffs is filed until the tariff is approved:
(i) publish an electronic copy on the
service provider‟s web site; and
(ii) maintain a paper copy available to
the public at the service provider‟s main
business offices; and
2005, No.20 Telecommunications Act 2005 127

(b) within ten (10) days from the day on which the tariff
or schedule of tariffs is filed, place a notice in
Samoan and English in the Savali and one other
newspaper circulating in Samoa detailing the
tariff or schedule of tariffs and advising that such
tariff or schedule is subject to the Regulator‟s
approval.
(2) Unless the Regulator orders otherwise, a dominant
service provider shall maintain a complete and up to date
schedule of its Regulator approved tariffs:
(a) in an electronic copy on the dominant service
provider‟s web site; and
(b) in a paper copy available to the public at the
dominant service provider‟s main business
offices.

42. Tariffs for Services to Other Service
Providers – Tariffs charged by a dominant service provider to
other service providers:
(a) shall be filed with and subject to approval by the
Regulator in accordance with section 40; and
(b) shall comply with any orders made by the Regulator
in relation to such tariffs.

43. General Principles for Tariff Regulation-(1) The
Regulator may issue an order to adopt any approach to tariff
regulation of service providers that is consistent with this Act,
including, but not limited to, price cap regulation, rate-
rebalancing and other forms of cost-based regulation.
(2) The Regulator shall not regulate the tariffs of a service
provider so as to deny that service provider the right to earn a
reasonable return on the service provider‟s investment for the
service provider‟s tariff-regulated services.

44. Cost Studies-(1) Subject to subsection (3), the
Regulator may issue an order to require a dominant service
provider and other specified service providers to prepare, file or
otherwise participate in the development of a cost study of the
dominant service provider‟s telecommunications services if the
128 Telecommunications Act 2005 2005, No.20

Regulator determines that a cost study would be an effective
and necessary means of preventing anti-competitive conduct or
would otherwise be effective and necessary in implementing
any scheme of tariff regulation.
(2) Where the Regulator requires a service provider to
prepare or file or otherwise participate in the development of a
cost study:
(a) the service provider shall file with the Regulator a
study of the service provider‟s costs of providing
the different categories of service;
(b) the Regulator shall issue an order on the cost
categories, form, approach, procedures and
timing of the cost study; and
(c) the purpose of the cost study shall be to determine
the costs to the service provider of providing
different types of telecommunications services.
(3) The Regulator shall consult with any service provider
the Regulator proposes to be required to prepare or file a cost
study before the regulator makes an order under subsection(1)

45. Price Cap Regulation Method-(1) subject to
subsection (4), the Regulator may issue an order to require a
service provider to propose or otherwise participate in the
development of a method of price cap regulation.
(2) where the Regulator requires a service provider to
propose a method of price cap regulation:
(a) the service provider shall file with the Regulator a
proposal for implementation of a method of price
cap regulation of the service provider‟s service
tariffs; and
(b) the proposal shall identify the proposed starting
tariffs for relevant services, proposed groupings
or baskets, the application of price cap formulas
and the specific proposed price cap formulas for
price cap regulation.
(3) The Regulator may issue an order:
(a) prescribing guidelines for the development of a
proposal for a method of price cap regulation; or
2005, No.20 Telecommunications Act 2005 129

(b) setting out directions for the further development of
a proposal that has been filed with the Regulator.
(4) The Regulator shall consult with the service provider
the Regulator proposes to be required to propose a method of
price cap regulation before the Regulator makes an order under
subsection (1).

PART IX
RELATIONS BETWEEN SERVICE PROVIDERS
AND CUSTOMERS

46. Application-(1) Subject subsection (2), the provisions
of the following sections of this Part shall apply only to
SamoaTel and its successor entities and to any other licensee of
fixed public voice telephone services.
(a) Section 52 - Customer Complaints;
(b) Section 54 - Terms of Service;
(c) Section 55 - Information on Terms of Services;
(d) Section 56 – Telephone Directories;
(e) Section 57 – Quality of Service; and
(f) Section 58 – Access to Customer Premises.
(2) Where the Regulator considers that an amendment or
requirement is consistent with the provisions of this Act, the
Regulator may, by order:
(a) amend the provisions of this Part which apply to
SamoaTel and its successor entities and any
other licensee of fixed public voice telephone
services; and/or
(b) require any service provider to comply with
nominated provisions of this Part and, in such an
order, may determine the types of services to
which such nominated provisions shall apply.

47. Fair Dealing Practices-(1) A service provider shall
only charge a customer for the specific telecommunications
service or equipment that the customer has ordered. The
customer shall have no liability to pay for any
telecommunications service or equipment that the customer has
not ordered.
130 Telecommunications Act 2005 2005, No.20

(2) Service providers shall provide customers with
invoices:
(a) in writing (although invoices may be provided
electronically if the customer consents);
(b) on a regular basis;
(c) in a plain and simple format;
(d) that provide accurate information on the services
provided and the amounts due for each service;
(e) that clearly indicate the method of calculation of
tariffs for any service for which invoices are
based on the length of calls or other measure of
usage; and
(f) that comply with this Act and any regulations, rules
and orders dealing with customer invoices.
(3) Service providers shall retain accurate records of all
customer invoices for a period of at least 6 months from the
billing date and make such records available to the Regulator
upon request.
(4) Where the Regulator has a concern about billing
systems or practices, the Regulator may require service
providers to public information on billing systems or practices
or to take such other steps relating to a service provider‟s billing
systems or practices as the Regulator may consider appropriate.
(5) No service provider shall make, or cause to be made,
any false or misleading claim or suggestion regarding:
(a) the availability, price or quality of the service
provider‟s telecommunications services or
equipment; or
(b) the telecommunications services or equipment of
another service provider.
(6) For the purposes of section 47(5), a claim or suggestion
is misleading if, at the time the claim or suggestion was made,
the service provider knew or reasonably ought to have known
that such claim or suggestion was false or misleading in any
material respect or that such claim or suggestion was reasonably
likely to confuse or mislead the person to whom the claim or
suggestion was made.
(7) The Regulatory may issue an order to regulate or
prohibit the use by any person, whether or not that person is a
2005, No.20 Telecommunications Act 2005 131

service provider, of the telecommunications network of a
service provider to provide unsolicited telecommunications, to
the extent that the Regulator considers such order necessary to
reduce or eliminate the nuisance caused by such
telecommunications.
(8) Wherever a conflict arises between the interpretation or
application of any provision of this Act and the Consume
Information Act 1988 or the fair Trading Act 1998, the
provisions of this Act shall be interpreted and applied to prevail
over such Acts.

48. Confidentiality of Customer Information-(1) Subject
to this Act, a service provider shall not disclose information
concerning a customer without the customer‟s written consent
or unless disclosure is required or permitted by the Regulator or
by law.
(2) Upon request, a customer is permitted to inspect any
service provider‟s records regarding the customer‟s service. A
customer shall have the right to require that any customer
information about such customer contained in a service
provider‟s records that the customer can demonstrate is
incorrect, be corrected or removed by the service provider.
(3) Subject to subsection (4), all customer-specific
information, and in particular billing-related information, shall
be retained by a service provider only for billing purposes or
other lawful purpose, and retained only for so long as is
permitted by rule made by the Regulator, or as otherwise
permitted by law.
(4) A service provider may, with the written approval of the
Regulator, use customer-specific information for purposes other
than those set out in subsection (3), including, but not limited
to, marketing and sales of additional services.

49. Confidentiality of Customer Communica-
tions-(1) Service providers shall take all reasonable steps to
ensure the confidentiality of customer communications.
(2) Service providers shall not intercept, monitor, alter or
modify the content of a customer communication, except as
132 Telecommunications Act 2005 2005, No.20

provided for in subsection (3) or sections 69 and 70 or
otherwise in this Act.
(3) For the purposes of tracing and locating a source of
harassing, offensive or illegal calls, or as otherwise provided
under the laws of Samoa:
(a) a customer may make a direct request to a service
provider to monitor calls to the customer‟s
telephone;
(b) where a customer is not satisfied that a service
provider is monitoring calls to the customer‟s
telephone in response to a request to do so by the
customer, the customer may request that the
Regulator issue an order that directs a service
provider to monitor calls to the customer‟s
telephone;
(c) the Regulator or other duly authorized authority in
Samoa may direct a service provider to monitor
calls to and from a customer‟s telephone and the
service provider shall comply with any such
direction;
(d) the service provider shall provide the Regulator or
other duly authorized authority in Samoa the
information resulting from the service provider‟s
monitoring of the customer‟s telephone,
including the telephone numbers that are the
source of the harassing, offensive or illegal calls
and the times and dates of occurrence of such
calls; and
(e) the Regulator may undertake any appropriate action
to protect the public from harassing, offensive or
illegal calls in accordance with this Act, and if
necessary refer the matter to other appropriate
authorities for further action.

50. Protection of Personal Information-(1) A service
provider shall be responsible for customer information and
customer communications in the custody or control of the
service provider or the service provider‟s agents.
2005, No.20 Telecommunications Act 2005 133

(2) A service provider shall operate the service provider‟s
telecommunications network with due regard for the privacy of
the service provider‟s customers. Except as permitted or
required by law, or with the consent of the person to whom the
personal information relates, a service provider shall not collect,
use, maintain or disclose customer information or customer
communication for undisclosed purposes.
(3) The purposes for which customer information is
collected by a service provider shall be identified at or before
collection, and a service provider shall not, subject to this
section, collect, use, maintain or disclose customer information
for undisclosed purposes.
(4) Service providers shall ensure the customer‟s
information is accurate, complete and up to date for the
purposes for which the information is to be used.
(5) Service providers shall ensure that customer
information and customer communications are protected by
security safeguards that are appropriate to the sensitivity of such
information and communications.

51. Access by Government Authorities–Nothing in this
Act shall be interpreted to prohibit or infringe upon the rights of
the Government, Government Agencies and Authorities to
exercise their rights to access otherwise confidential
information or communications relating to a customer. Such
access shall be made in accordance with the laws of Samoa.

52. Customer Complaints-(1) Service providers shall
identify a specific person or group of persons to receive
complaints from customers other than service providers.
(2) Service providers shall establish procedures to deal with
complaints of customers other than service providers. The
procedures, and any amendments thereto, shall be subject to
approval by the Regulator. The procedures shall be published in a
suitable manner that is approved by the Regulator.
(3) Disputes between a service provider and a customer, or
between service providers, which the parties cannot resolve
among themselves, shall be subject to sections 71, 72 and 73.
134 Telecommunications Act 2005 2005, No.20

(4) Service providers shall not disconnect or otherwise
change any of the telecommunications services then being
provided to a customer and which are the subject of a
complaint or dispute, other than in accordance with the Terms
of Service approved by Regulator pursuant to section 54 or as
permitted by order made by the Regulator.

53. No Unjustified Discrimination-(1) Unless otherwise
specifically permitted by the Regulator, dominant service
providers shall offer all customers the same terms and quality of
service, including tariffs charged, unless different terms are
objectively justified, based on differences in supply conditions,
including different costs or a shortage of available facilities or
resources.
(2) A dominant service provider shall be obliged to justify
any different terms and quality of service under subsection (1)
to the satisfaction of the Regulator, or to cease the practice upon
receipt of an order from the Regulator requiring the dominant
service provider to do so.

54. Terms of Service-(1) The Regulator may issue an
order requiring a service provider to submit draft Terms of
Service to the Regulator for approval. The order shall specify
the schedule for preparation, approval and implementation of
the Terms of Service.
(2) Draft Terms of Service must be consistent with this Act,
the rules, licence conditions and orders made by the Regulator,
and shall describe the basic terms of the business relationship
between the service provider and the service provider‟s
customers in the provision and use of telecommunications
services
(3) The Regulator shall approve all draft Terms of Service,
with or without changes made by the Regulator, after
consultation with the service provider and other interested
parties, as determined by the Regulator. Once approved, these
Terms of Service will replace the customer Terms of Service
then in use by a service provider and shall become binding on
the service provider and the service provider‟s customers.
2005, No.20 Telecommunications Act 2005 135

(4) The Regulator may issue an order discontinuing a
requirement for service providers to submit draft Terms of
Service to the Regulator for approval where the Regulator
determines that such approval is no longer required to protect
the interests of customers.

55. Information on Terms of Service-(1) A service
provider designated pursuant to section 46 shall at all times
maintain on the service provider‟s web-site, in both Samoan and
English, the following information:
(a) the current version of the service provider‟s Terms
of Service;
(b) all of the service provider‟s approved tariffs and
proposed tariff changes which have been filed
with the Regulator, in accordance with section
40;
(c) the official web site address and other contact
information for the Regulator, together with a
clear statement that the service provider is
regulated by the Regulator under this Act and
that customers and other service providers may
contact the Regulator if they are unable to
resolve disputes with the service provider; and
(d) an easy to follow navigation system that allows a
customer to locate the above information.
(2) A service provider designated pursuant to section 46
shall maintain current paper copies of the service provider‟s
Terms of Service, all of its approved and pending tariffs and the
other information described in subsection (1)(c) at all of the
service provider‟s business offices, and such document shall be
made available for public inspection, without charge, during
normal business hours.
(3) If required by an order of the Regulator, a service
provider shall include the current version of the service
provider‟s Terms of Service, a reference to copies of the service
provider‟s approved and pending tariffs being available for
inspection at the service provider‟s business offices and the
other information described in subsection (1)(c) in the
136 Telecommunications Act 2005 2005, No.20

introductory pages to every telephone directory published by
the service provider or on behalf.
(4) A service provider designated pursuant to section 46
shall provide, upon request and at a reasonable charge, paper
copies of the service provider‟s schedule of approved tariffs to
any customer who requests them.

56. Telephone Directories–If required by an order of the
Regulator, a service provider shall provide customers with a
telephone directory in accordance with terms and conditions as
the Regulator may nominate in the order from time to time.

57. Quality of Service-(1) A service provider designated
pursuant to section 46 shall provide telecommunications
services that meet specific quality of service standards. These
standards shall be developed by the Regulator in consultation
with the service provider and may be included in the service
provider‟s licence or established by order of the Regulator.
(2) The Regulator may amend, add or delete quality of
service standards established pursuant to subsection (1),
following consultation with the affected service provider.
(3) When quality of service standards have been established
pursuant to subsection (1), a service provider shall deliver
written reports to the Regulator each quarter, in accordance with
the following:
(a) Quality of service reports shall:
(i) be in a form determined by the
Regulator; and
(ii) set out the service provider‟s actual
results for each quality of service standard;
and
(b) Where a quality of service report indicates that a
standard has not been achieved, the service
provider shall provide an explanation to the
Regulator as to why the standard was not
achieved and what specific steps the service
provider has taken or intends to take to achieve
the standard.
2005, No.20 Telecommunications Act 2005 137

(4) The Regulator shall advise a service provider, within
thirty (30) days of receipt of any quality of service report,
whether the Regulator accepts the explanation provided for any
standard that was not achieved. If the Regulator does not reply
within in the thirty (30) day period, the explanation provided is
deemed accepted.
(5) If the Regulator does not accept the explanation under
subsection (4), the Regulator shall issue an order setting out the
additional steps that the service provider shall take and the time
within which those steps shall be taken for the service provider
to achieve such standards, including but not limited to:
(a) any additional reporting requirements the service
provider shall adhere to until the standard is
achieved; and
(b) what, if any, specific refunds or other customer
remedies are to be implemented by the service
provider as a result of the service provider‟s
failure to meet such standard.
(6) When a service provider files a quality of service report
or any additional related material with the Regulator, the service
provider shall also publish the report on the service provider‟s
web site. Upon receipt of a quality of service report or any
additional related material from a service provider, the
Regulator shall also post the report on the Regulator‟s reporting
requirements.
(7) Where the Regulator concludes that it is in the public
interest, the regulator may require a service provider to publish
in Samoan and English in the Savali and one other newspaper
circulating in Samoa all or parts of the service provider‟s
quality of service reports and the Regulator‟s reporting
requirements.

58. Access to Customer Premises-(1) The service
obligations of a service provider designated pursuant to section
46 shall extend to the installation, operation, maintenance and
repair in good working order of all telecommunications
facilities that are owned or provided by the service provider and
located on the customer‟s property.
138 Telecommunications Act 2005 2005, No.20

(2) A service provider shall have the right to enter a
customer‟s premises or property if the service provider‟s
telecommunications facilities are located within the customer‟s
premises on the following conditions:
(a) the service provider has given the customer notice
that is reasonable in the circumstances;
(b) the service provider dispatches only properly
identified and qualified personnel;
(c) the service provider has received the consent of the
customer for such access; and
(d) the service provider‟s personnel interfere as little as
possible with the customer‟s activities, premises
and property.

59. Liability, Refunds and Damages–The Regulator may
issue an order or rule establishing provisions concerning the
liability of, refunds by and damages to be paid by service
providers to customers.

PART X
TELECOMMUNICATIONS EQUIPMENT

60. Telecommunications Equipment-(1) The Regulator
may issue an order to do one or more of the following:
(a) decide that certain types of telecommunications
equipment proposed to be attached to
telecommunications network that are used to
provide telecommunications service to the public
require approval for such attachment;
(b) publish criteria for certification and establish
standards for approval of telecommunications
equipment for use in connection with
telecommunications services or
telecommunications networks;
(c) identify domestic or foreign organizations or testing
facilities for approval pf telecommunications
equipment for use in connection with
telecommunications service or
telecommunications networks; and
2005, No.20 Telecommunications Act 2005 139

(d) maintain a register of certified or approved types of
telecommunications equipment, criteria for
certification and standards for approval.
(2) Marketing or selling telecommunications equipment is
not subject to authorized except as provided in this section.
(3) The Regulator may enter into mutual recognition
agreements with authorities in other countries to provide for
mutual recognition of, certification and approval of
telecommunications equipment in other countries and/ or
Samoa.

PART XI
NUMBERS

61. National Numbering Plan-(1) By order the Regulator
shall prepare, publish and manage a National Numbering Plan
and shall assign numbers and number ranges to service
providers and customers in accordance with the National
Numbering Plan.
(2) In preparing and managing the National Numbering
Plan, the Regulator shall have due regard for the existing
allocation and assignment of numbers.
(3) The National Numbering Plan shall take into account
any existing or proposed regulation for the establishment of fees
for telecommunications numbers under section 10.
(4) The Regulator may modify the National Numbering
Plan by publishing a notice to customers and service providers
at a reasonable time prior to the date when the modification is to
me into force.
(5) The National Numbering Plan shall be consistent with
the requirements of international agreements, commitments,
conventions, regulations and recommendations to which Samoa
has subscribed or is otherwise subject to.
(6) All service providers shall be required to use numbers
assigned to them by the Regulator in accordance with the
National Numbering and shall ensure that these numbers are
used efficiently and in accordance with the National Numbering
Plan.
140 Telecommunications Act 2005 2005, No.20

62. Use of Numbers-(1) Service providers and customers
shall not have any property rights in numbers.
(2) A service provide shall only change a customer‟s
number:
(a) on request of the customer;
(b) if a fixed service customer‟s location changes;
(c) if the change is required by the National Numbering
Plan; or
(d) if the service provider has reasonable grounds for
doing so and if the service provider has given
reasonable advance written notice to the
customer in question, stating the reason for and
anticipated date of the change. In cases of
emergency, oral notice with subsequent written
confirmation shall be sufficient.

63. Number Portability-(1) The Regulator may, after
consultation with affected service providers and other interested
parties, issue an order directing one or more service providers to
develop or to assist in the development of a number portability
implementation plan, for approval and implementation by order
of the Regulator.
(2) In considering whether to implement number
portability, the Regulator shall have due regard to the costs of
such portability and the availability of technology that permits
such portability in Samoa on a cost-effective basis.
(3) The costs of the Regulator in developing introducing
number portability and the ongoing costs of administering
number portability shall be recovered from service providers in
accordance with applicable rules or orders.

64. Service Provider Selection-(1) The Regulator may,
after consultation with the affected service providers and other
interested parties, issue an order directing one or more service
providers to develop or to assist in the development of a service
provider selection or service provider pre-selection plan, for
approval and implementation by order of the Regulator.
(2) In considering whether to implement service provider
selection or service provider pre-selection, the Regulator shall
2005, No.20 Telecommunications Act 2005 141

have due regard to the costs of such capabilities and the
availability of technology that permits the intended capabilities
on a cost-effective basis.
(3) The costs of the Regulator in developing and
introducing service provider selection or service provider in
accordance with applicable rules or orders.

PART XII
ACCESS TO PROPERTY

65. Access to Government Land and
Facilities-(1) Where a service provider cannot, on
commercially reasonable terms:
(a) obtain the consent of the Government or a
Government Agency or Authority having
jurisdiction over government land or a
government facility to construct, maintain or
operate telecommunication network facilities on
such land or facility; or
(b) gain access to a pole, duct, tower or other supporting
structure of a telecommunications, electrical
power or other utility transmission system
constructed on Government land or a
Government facility, or which is owned or
controlled by the Government or a Government
Agency or Authority,
the service provider may apply to the Regulator for assistance.
(2) Upon receipt of an application for assistance in
accordance with subsection (1), the Regulator shall consult with
the Government, Government Agency or Authority and attempt
to find a solution acceptable to both service provider and the
Government, Government Agency or Authority, as the case
may require.
(3) If the Regulator‟s actions under subsection (2) fail to
produce an agreement between the parties involved:
(a) the Regulator may exercise such other powers under
this Act or other Acts, as the Regulator considers
appropriate to resolve the matter; or
142 Telecommunications Act 2005 2005, No.20

(b) the matter may be submitted by the Regulator or a
party to the Ombudsman for an order by the
Ombudsman to grant or refuse the required
consent or access, as the case may be, on such
terms and conditions as the Ombudsman may
determine. In determining the matter the
Ombudsman shall have regards to:
(i) the objectives of the Act set out in
section 3;
(ii) any submission provided by the
Regulator or the parties;
(iii) the likely effect and consequences of
any decision to grant or refuse the required
consent or access on the parties, the public
and any customers of the service provider;
and
(iv) any other relevant matter.
(4) The parties to any order made by the Ombudsman under
subsection (3) shall comply with such order as if the order had
been made by the Regulator.
(5) Where the Ombudsman issues an order granting the use
of or access to Government land or facilities under subsection
(3), the Ombudsman shall include in the order the amount
which the service provider shall pay to the Government as
compensation for the service provider‟s use of or access to
Government land or facilities

66. Access to Private Land and Facilities-(1) Where a
service provider:
(a) requires access to private land or private facilities
(other than customary land or facilities located on
customary land) to provide telecommunications
services: and
(b) cannot, on commercially reasonable terms, reach an
agreement for such access with the owner of the
private land or private facility, the service provider
may apply to the Regulator for assistance either in
reaching an agreement with the owner of the
2005, No.20 Telecommunications Act 2005 143

private land or private facility or for the exercise of
other powers to obtain the required access.
(2) Upon receipt of an application for assistance in
accordance with subsection (1), the Regulator shall take the
steps the Regulator deems necessary to mediate between the
concerned parties.
(3) If the Regulator‟s mediation under subsection (2) fails
to produce an agreement between the parties involved:
(a) the Regulator may exercise such other powers under
this Act or other Acts, as the Regulator considers
appropriate to resolve the matter; or
(b) the matter may be submitted by the Regulator or a
party to the Supreme Court or District Court for
such court to make an order granting or refusing
the required access on such terms and conditions
as the court may determine, having regard to:
(i) the nature of the private land or
private facilities;
(ii) the nature of the access required;
(iii) the importance of such access in
maintaining or improving
telecommunications services for Samoa;
(iv) whether any payment or other
consideration can compensate the owner if
access is ordered by the Court;
(v) the impact on the owner and other
residents on the land or facilities if such
access is ordered;
(vi) the objectives of the Act set out in
section 3;
(vii) any submission provided by the
Regulator or the parties; and
(viii) such other matters as the Court
considers relevant.
(4) Subject to subsection (5), where the Supreme Court or
District Court makes an order granting access under subsection
(3), the Court shall include in the order what compensation (if
any) the service provider shall pay to the owner of the private
land or private facility.
144 Telecommunications Act 2005 2005, No.20

(5) The provisions of the Taking of Land Act 1964 shall
apply to this section with such adaptations and modifications as
necessary.

67. Access to Customary Land and Facilities-(1) Where
a service provider:
(a) requires access to customary land or facilities
located on customary land to provide
telecommunications services, and
(b) cannot, on commercially reasonable terms, reach an
agreement with the person responsible for the
customary land or facilities,
the service provider may apply to the Regulator for assistance
either in reaching an agreement with the person responsible for
the customary land or facilities or for the exercise of other
powers to obtain the desired access.
(2) Upon receipt of an application for assistance in
accordance with subsection (1), the Regulator shall take the
steps the Regulator deems necessary to mediate between the
concerned parties.
(3) If the Regulator‟s mediation under subsection (2) fails
to produce an agreement between the parties involved:
(a) the matter may be submitted by the Regulator or a
party to the Ministry of Natural Resources and
Environment or the Land and Titles Court for
resolution under this Act or the Alienation of
Customary Land Act 1965 or the Taking of Land
Act 1964, or other Acts and procedures dealing
with customary land;
(b) if the matter is dealt with under paragraph (a), the
Regulator may provide such reasonable
assistance the Regulator deems necessary as part
of the process of dealing with the customary
land, including the madding of an order
certifying whether the purpose for which the land
or facilities is required is a public purpose under
the Taking of Land Act 1964; and
2005, No.20 Telecommunications Act 2005 145

(c) the Regulator may exercise such other powers under
this Act or other Acts as the Regulator considers
appropriate to resolve the matter.
(4) Despite any other law, if the matter is before the Land
and Titles Court, the Court shall have the jurisdiction to make
an order granting or refusing the required access on such terms
and conditions as the Court may determine, having regard to:
(a) the nature of the customary land or facilities;
(b) the nature of the access required;
(c) the importance of such access in maintaining or
improving telecommunications services for
Samoa;
(d) whether any payment or other consideration can
compensate the owner if access is ordered by the
Court;
(e) the impact on the owner and other residents on the
land or facilities if such access is ordered;
(f) the objectives of the Act set out in section 3;
(g) any submissions provide by the Regulator or the
parties; and
(h) such other matters as the Court considers relevant.
(5) Subject to subsection (5), where the Land and Titles
Court makes an order granting access under subsection (3), the
Court shall include in the order what compensation (if any) the
service provider shall pay to the person responsible for the
customary land or facilities.
(6) The provisions of the Taking of Land Act 1964 shall
apply to this section with adaptations and modifications as
necessary.

68. Co-location-(1) Service providers with existing
telecommunications network facilities shall allow other service
providers to co-locate their telecommunications network
facilities on those existing facilities, including but not limited to
exchange premises and other switching equipment locations,
land, roof tops, mast sites, towers, conduits and poles, where
such co-location is economically feasible and no major
additional construction work is required.
146 Telecommunications Act 2005 2005, No.20

(2) The party requesting co-location shall compensate the
party required to provide co-location for such an amount as the
parties may agree or, where the parties are unable to agree, as
may be determined by the Regulator.
(3) Where the parties are unable to agree on the conditions
of co-location, either or both parties may apply to the Regulator
to mediate and, if mediation fails, the Regulator may issue an
order to resolve any outstanding issues between the parties.
(4) Prior to making an order under subsection (3), the
Regulator shall take into account any comments submitted by
the parties, including any issues raised in those comments
relating to safety or interference with the parties‟ networks and
personnel.

PART XIII
NATIONAL SECURITY AND PUBLIC EMERGENCIES

69. National Security-(1) Despite any other law, a service
provider shall comply with any written request, direction or
other requirement of the Attorney General regarding access to
any part of the service provider‟s telecommunications network
or telecommunications services or related information in
connection with national security requirements or the
prevention, detection or prosecution of any breach of the laws
of Samoa.
(2) A service provider shall provide any facilities or
capabilities, required for compliance with subsection (1) at the
service provider‟s expense, but may apply to the Regulator for
an order dealing with the treatment of any substantial additional
expense. The Regulator may consider such application in
connection with any tariff approval application or recovery of
the costs of universal access obligations, and make an order
regarding the recovery of such additional expense.
(3) For the purposes of subsection (1), the Attorney General
may determine that any event or matter concerns national
security or the prevention, detection or prosecution of any
breach of the laws of Samoa.
2005, No.20 Telecommunications Act 2005 147

70. Public Disaster and State of Emergency-(1) In case
of a public disaster or state of emergency, service providers
shall comply with any directions issued by the Commissioner of
Police and/or the Chief Executive Officer of the Ministry
responsible for disaster co-ordination to respond to or alleviate
problems faced by the public or the Government related to such
disaster or emergency.
(2) Service providers may apply to the Regulator for
compensation or other assistance with the demonstrated costs of
complying with subsection (1), but not for loss of revenues
during any period of service suspension. The Regulator shall
consider any such application in accordance with this Act and
other applicable laws of Samoa, and may make an order
regarding the recovery of such costs.
(3) For the purposes of subsection (1), the Commissioner of
Police and/or the Chief Executive Officer of the Ministry
responsible for disaster co-ordination may determine that any
event or matter is a public disaster.

PART XIV
DISPUTES, OFFENCES AND ENFORCEMENT

71. Service Provider Disputes-(1) Where service
providers have been unable to agree on the resolution of a
matter that is related to the Regulator‟s powers under this Act or
other laws of Samoa, then following reasonable efforts to reach
an amicable settlement, one or more service providers may
apply to the Regulator for assistance in resolving the dispute.
(2) In response to any referral under subsection (1), the
Regulator may:
(a) assign a member of the Regulator‟s staff or
consultant to attempt to mediate the dispute;
(b) refer the dispute to the Supreme or District Court; or
(c) issue an order to resolve the dispute.

72. Customer Disputes-(1) Where a customer, other than
a service provider that the parties have been unable to resolve
among themselves, by means of the service provider‟s customer
complaint process or otherwise, including any process approved
148 Telecommunications Act 2005 2005, No.20

by the Regulator pursuant to section 52, either party may refer
the dispute to the Regulator for assistance.
(2) In response to any referral under subsection (1), the
Regulator may:
(a) assign a member of the Regulator‟s staff or
consultant to attempt to mediate the dispute;
(b) refer the dispute to the Supreme or District Court; or
(c) issue an order to resolve the dispute.

73. Alternative Dispute Resolution-(1) Parties to a
dispute may agree to refer a dispute a dispute to private
mediation or arbitration.
(2) The Regulator‟s costs under subsection (1), including
but not limited to any travel or other expenses incurred by or on
behalf of the Regulator in connection with the Regulator‟s
assistance or intervention, shall be paid to the Regulator by the
parties to the dispute.

74. Telecommunications and Computer Offences-(1) No
person shall:
(a) fraudulently, maliciously, or with dishonest or
otherwise unlawful intent, use or attempt to
obtain any telecommunications service without
payment of the lawful charge therefore;
(b) intentionally, without right and with dishonest or
otherwise unlawful intent, access or attempt to
access the whole or any part of a
telecommunications network or computer system
by infringing security measures, with the intent
of obtaining telecommunications or computer
data;
(c) intentionally, without right and with dishonest or
otherwise unlawful intent, intercept or attempt to
intercept a transmission not intended for public
reception of telecommunications or computer
date to, from or within a computer system;
(d) intentionally, without right and with dishonest or
otherwise unlawful intent, damage, delete,
deteriorate, alter or suppress or attempt to
2005, No.20 Telecommunications Act 2005 149

damage, delete, deteriorate, alter or suppress
telecommunications or computer date;
(e) intentionally, without right and with dishonest or
otherwise unlawful intent, hinder or disrupt or
attempt to hinder or disrupt the functioning of a
telecommunications network or computer system
by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing
telecommunications or computer data;
(f) intentionally, without right and with dishonest or
otherwise unlawful intent, use, possess, produce,
sell, procure for use, import, distribute or
otherwise make available or attempt to use,
possess, produce, sell, procure for use, import,
distribute otherwise make available a device,
including but not limited to a computer program,
for the purpose of committing any of the
offences established in paragraphs (a), (b), (c),
(d) or (e);
(g) intentionally, without right and with dishonest or
otherwise unlawful intent, use, possess, produce,
sell, procure for use, import, distribute or
otherwise make available or attempt to use,
possess, produce, sell, procure for use, import,
distribute or otherwise make available a
computer password, access code or similar data
by which the whole or any part of a
telecommunications network or computer system
is capable of being accessed with intent that such
network or system be used for the purpose of
committing nay of the offences established in
paragraphs (a), (b), (c), (d) or (e);
(h) use, or cause or suffer to be used, or attempt to use
or cause or suffer to be used, any
telecommunications network for the purpose of
disturbing, annoying, irritating, offending or
harassing any person by any means, including
but not limited to:
150 Telecommunications Act 2005 2005, No.20

(i) a call or other contact, with or with or
without speech or other sound; or
(ii) the transmission of data or images
(video or otherwise); or
(i) willfully damage or attempt to damage any
telecommunications network or related
telecommunications facility.
(2) Every person who acts in contravention of any of the
provisions in subsection (1) commits an offence and is liable to
the penalties provided in section 75.

75. Other Offences and Penalties-(1) Every person who
contravenes or attempt to contravene any of the provisions of
this act or a regulation or rule made under this Act or breaches a
licence condition or fails to comply with an order made by the
Regulator or the Ombudsman under this Act is guilty of an
offence and liable:
(a) in the case of a natural person, to a fine not
exceeding 50 penalty units for a first offence and
100 penalty units for a subsequent offence;
(b) in the case of a company or other incorporated body,
to a fine not exceeding 5,000 penalty units for a
first offence and 10,000 penalty units for a
subsequent offence; or
(c) in addition to paragraph (a) in the case of a natural
person who is a director, manager, officer,,
employee or agent of a company or other
incorporated body and who is responsible for the
contravention, breach or failure by the company
or incorporated body, imprisonment for a term
not exceeding two years.
(2) Every person who:
(a) knowingly makes or attempts to make any false or
misleading or incomplete declaration,
application, information, return or statement for
the purpose of obtaining or assisting another
person to obtain a licence, consent, permission or
other act of authority under this Act;
2005, No.20 Telecommunications Act 2005 151

(b) knowingly provides, supplies or otherwise gives, or
attempts to provide, supply or otherwise give, to
the Regulator or any person acting under or on
behalf of the Regulator or any person acting
under or on behalf of the Regulator any false,
misleading or incomplete document, statement or
information concerning this Act; or
(c) willfully obstructs or hinders or attempts to obstruct
or hinder the Regulator or any person acting
under or on behalf of the Regulator in the
execution of any responsibility, duty or power of
the Regulator under this Act,
is guilty of an offence and liable to the penalties provided under
subsection (1).
(3) Where an offence under subsections (1) or (2) is
committed or continued on more than one day, the person who
committed the offence is liable for a separate offence for each
day on which the offence is committed or continued.
(4) The Supreme Court and the District Court may, on the
application of the Attorney General or Regulator, impose fines
and terms of imprisonment on any person pursuant to this
section.

76. Judicial Enforcement-(1) An order of the Regulator
may be made an order of the Supreme Court under subsection
(2) and may be enforced in the same manner as an order of the
Court.
(2) An order of the Regulator may be made an order of the
Supreme Court by filing with the Registrar of the Court a copy
of the order certified by the Regulator.
(3) For the sake of removing any doubt:
(a) the Regulator may enforce any order of the
Regulator whether or not the order has been
made an order of the Supreme Court; and
(b) An order of the Regulator made an order of the
Supreme Court under this section shall be
enforced from the date of the order of the
Regulator and not from the date of filing such
order with the Court under subsection (2).
152 Telecommunications Act 2005 2005, No.20

77. Monitoring and Enforcement-(1) Despite any other
law, in addition to any other powers contained in this Act, the
regulations, rules, licences or orders or under any other law, the
Regulator shall, for the purposes of exercising the Regulator‟s
responsibilities, functions and powers under this Act, have the
power to make orders to:
(a) require the production of documents and
information by licensees and any other persons;
(b) search premises and seize documents, equipment
and other items;
(c) require attendance and examination of witnesses
under oath or affirmation or otherwise; and
(d) require persons to undertake specific actions or to
cease specific actions in the event of a breach of
this Act, the regulations, rules or orders or under
any other law.
(2) The Commissioner of Police and all police officers shall
provide such reasonable assistance to the Regulator as the
Regulator requires in undertaking the Regulator‟s
responsibilities, functions and powers under this Act and any
other law.

78. Civil Liability-(1) Subject to any limitation of or
exemption from liability imposed in accordance with this Act or
any other Act, a person who has sustained loss or damage as a
result of any act or omission that is contrary to this Act, or a
regulation, rule or order made under this Act may, in the
Supreme Court or the District Court sue for an recover an
amount equal to the loss or damage from any person who
engaged in, directed, authorized, consented to or participated in
the act or omission.
(2) An action may not be brought in respect of any loss or
damage referred to in subsection (1) more than two years after
the day on which the act or omission occurred.
(3) Nothing in subsections (1) or (2) applies to any action
for beach of a contract to provide telecommunications services
or any action for damages in relation to a rate charged by a
service provider.
2005, No.20 Telecommunications Act 2005 153

79. Jurisdiction of the Supreme Court and District
Courts-(1) Subject to this Act, the Supreme Court and the
District Court shall have jurisdiction to deal with all matters
referred to such Court under the Act, including but not limited
to civil actions brought under section 78 and disputes referred to
the Court under sections 71 and 72.
(2) The Supreme and District Courts shall have jurisdiction
to hear and determine any matter for which this Act provides
such courts with jurisdiction irrespective of whether any act or
omission or event occurs in Samoa or any other place.

PART XV
MISCELLANEOUS

80. Civil Protection for the Regulator-(1) Claims made
by or against the Regulator shall be made pursuant to the
Government Proceedings Act 1974.
(2) Despite any other law, save for the Constitution, no
action, suit or proceedings for any act or omission in connection
with the responsibilities, powers or duties imposed on the
Regulator by this Act shall be brought or maintained against:
(a) any person who has been or is the Regulator where
such person has been or is acting good faith; or
(b) any person who has been or is acting under the
authority of the Regulator under the Act where
such person has been or is acting in good faith.

81. Regulations-(1) The Head of State, acting on the
advice of Cabinet, may make regulations for such matters as are
contemplated by or necessary for giving full effect to the
provisions of this Act and for the due administration thereof.
(2) Without limiting the power conferred under subsection
(1) regulations may be made for the creation of offences
concerning this Act and to prescribe fines for such offences not
exceeding 100 penalty units.

82. Evidence by Certificate – Despite any other law, in
any proceedings under or concerning this Act, including but not
154 Telecommunications Act 2005 2005, No.20

limited to a prosecution for an offence, a certificate signed by or
on behalf of the Regulator and stating:
(a) that on any date a person was or was not the holder
of a licence issued pursuant to the Act;
(b) that on any date the Regulator had made or
otherwise issued or amended or revoked or
cancelled a rule, order, licence, direction,
guideline or other act of authority under this Act;
(c) the content of a rule, order, licence, direction,
guideline or other act of authority made or
otherwise issued or amended or revoked or
cancelled by the Regulator under this Act,
shall be sufficient evidence of the facts stated in the certificate
and such certificate shall be presumed to be so signed unless the
contrary is proved.

83. Service of Notices etc-(1) Where under this Act a
notice, order, letter, other document or act of authority is
required or permitted to be served on any person, the notice,
order, letter, other document or act of authority may be served:
(a) In the case of service on the Regulator; by
(i) delivering the notice, order, letter,
other document or act of authority to the
Office of the Regulator during normal
business hours; or
(ii) sending the notice, order, letter, other
document or act of authority by pre-paid post
or facsimile transmission to the postal
address or facsimile address, as the case may
require, of the Office of the Regulator; and
(b) In the case of service on any other person, by:
(i) delivering the notice, order, letter,
other document or act of authority to the
person at the nominated address in Samoa of
the person in any application made by the
person to the Regulator or to the nominated
address in Samoa of the person in any licence
or other act of authority affecting the person
2005, No.20 Telecommunications Act 2005 155

issued or signed by or on behalf of the
Regulator;
(ii) delivering the notice, order, letter,
other document or act of authority, during
normal business hour, to the address in
Samoa of any solicitor acting as legal
representative for the person; or
(iii) sending the notice, order, letter,
other document or act of authority by pre-
paid post or facsimile transmission to the
Samoan postal address or facsimile address,
as the case may require, nominated by the
person in any application made by the person
to the Regulator or nominated in any licence
or other act or authority affecting the person
issued or signed by or on behalf of the
Regulator; or
(iv) sending the notice, order, letter,
other document or act of authority by pre-
paid post or facsimile transmission to the
Samoan postal or facsimile address, as the
case may require, of any solicitor acting as
legal representative for the person..
(2) For all purposes in the case of service by pre-paid post,
service shall be deemed to have been effected two days after the
date of postage.
(3) For all purposes in the case of service by facsimile
transmission:
(a) service shall be deemed to have been effected upon
completion of transmission without evidence of
garbling or incomplete transmission;
(b) A printed or copied signature shall be sufficient for
any notice, order, letter, other document or act of
authority served by facsimile transmission.

84. Amendments to Schedule – The Schedule to the Act
may be amended by the Minister, acting on the advice of
Cabinet, by notice published in Samoan and English in the
Savali and one other newspaper circulating in Samoa.
156 Telecommunications Act 2005 2005, No.20

85. Savings and Transitional Provisions-(1) All
references in law or any document or act of authority to the
Department of Post Office or Ministry of Posts and
Telecommunications or successors shall be read as referring to
the Ministry unless the context otherwise requires.
(2) Insofar as they are not inconsistent with the provisions
of this Act, every regulation, order, document and act of
authority under or concerning the legislation set out in the
Schedule to this Act, so far as they are subsisting or in force at
the time of the repeal of such legislation, shall continue and
have effect under the corresponding provisions of this Act until
such time as they are altered, amended or cancelled, as the case
may require, under the provisions of this Act and, where there is
any question or concern as to what is a corresponding
provisions of this Act, the Minister by notice in writing may for
all purposes declare a provision of this Act to be a
corresponding provision.
(3) Despite the provisions of this Act, all applications and
other matters arising out of or under the provisions of the
legislative set out in the Schedule to this Act which are not
determined or otherwise dealt with under such provisions at the
date of the commencement of this Act shall be determined or
otherwise dealt with under the corresponding provisions of this
Act with such modifications, adaptations and alterations as the
Minister may determine in writing from time to time.
(4) Every advisory body existing at the time of the
commencement of this Act relating to any legislation set out in
the Schedule to this Act shall be deemed to be an advisory body
established by the Minister under the Ministry of
Communications and Information Technology Act 2005.
(5) Despite the provisions of this Act, where this Act does
not provide or provides insufficient or inadequate provision for
the transition from the legislation set out in the Schedule to this
Act, the Minister, by notice published in Samoan and English in
the Savali and one other newspaper circulating in Samoa, may
make such provisions as the Minister deems necessary in order
for all matters under or concerning the legislation set out in the
Schedule and this Act to be properly and effectively determined
or otherwise dealt with under the provisions of this Act.
2005, No.20 Telecommunications Act 2005 157

86. Transitional Provisions for Prior Licences–Despite
the provisions of this Act:
(1) At any time after the commencement of this Act, the
holder of an existing licence (a “prior licence”) issued prior to
the coming into force of this Act may apply to the Regulator to
revoke the holder‟s prior licence and apply to operate under a
new licence issued in accordance with this Act.
(2) If the holder or a prior licence does not apply for
conversion of a prior licence in circumstances where the holder
is permitted to do so under this section within 6 months after the
commencement of this Act, the Regulator may issue an order
revoking the prior licence and issue a new licence in accordance
with this Act.
(3) In all other respects, the operation of
telecommunications networks and the supply of
telecommunications services under prior licences shall be
subject to the licencing and other requirements of this Act, and
all applicable regulations, rules, orders and licensing
procedures.
(4) The Regulator‟s powers to grant a licence under this Act
shall apply notwithstanding any law, agreement, contract,
arrangement or prior licence (howsoever called) issued to a
person and in existence at the time of the commencement of the
Post Office Amendment Act 2004.
(5) Where:
(a) the Minister has granted a licence under the Post
Office Act 1972 or the Post Office Amendment
Act 2004; or
(b) the Regulator has granted a licence under this Act;
and
(c) the Attorney General and the Chief Executive
Officer of the Ministry of Finance have advised
Cabinet in writing that the grant of such licence
has adversely affected the rights of a person
under an existing agreement, contract,
arrangement, licence or other provision
(howsoever called),
Cabinet, in its absolute discretion, may authorize the provision
of compensation to such person in the form of money,
158 Telecommunications Act 2005 2005, No.20

concessions, benefits or otherwise in such amount and/or form
as the Attorney General and the Chief Executive Officer of the
Ministry of Finance in writing may recommend.
(6) In the event of any inconsistency between the
provisions of this section and the provisions of section 85, the
provisions of this section shall prevail.
(7) The Regulator shall issue forthwith any necessary
licences and take all other necessary actions within the
Regulator‟s powers under this Act to give effect to an
agreement nominated by the Minister in writing and involving
the Government, SamoaTel, Telecom Samoa Cellular Limited
and Telecom Pacific Investments Limited.





2005, No.20 Telecommunications Act 2005 159

SCHEDULE

Repealed Acts

1. Post and Telecommunications Internet Act 1997.

2. Post Office Act 1972 – Parts II, V, VI, IX, and X.

3. Postal and Telecommunications Services Act 1999 –
Parts III and IV.



__________


The Telecommunications Act 2005 is administered
in the Ministry of Telecommunications and
Information Technology.





















Prinited by the Clerk of the Legislative Assembly,
by authority of the Legislative of Samoa