Telecommunications

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Telecommunications
Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–149 .. 1/2009

Act
4 of 2001

Amended by
17 of 2004

LAWS OF TRINIDAD AND TOBAGO

TELECOMMUNICATIONS ACT

CHAPTER 47:31

L.R.O. 1/2009UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Index of Subsidiary Legislation

Page

Telecommunications Tenders Rules (LN 74/2005) … … … 62

Telecommunications (Access to Facilities) Regulations (LN 180/2006)… 83

Telecommunications (Interconnection) Regulations (LN 181/2006) … 105

Telecommunications (Fees) Regulations (LN 206/2006) … … 131

2 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

CHAPTER 47:31

TELECOMMUNICATIONS ACT

ARRANGEMENT OF SECTIONS
SECTION

PART I

PRELIMINARY
1. Short title.

1A. Commencement.
2. Interpretation.

3. Objects of the Act.

PART II

THE TELECOMMUNICATIONS AUTHORITY
4. Establishment of the Authority.
5. Management of Authority by Board.
6. Constitution of Board.
7. Corporate Secretary.
8. Executive Director.
9. Absence from office of Executive Director.

10. Seal.
11. Ordinary meetings.
12. Special meetings.
13. Quorum.
14. Decisions of the Board.
15. Disclosure of interest.
16. Inducement, collusion, concealment or connivance.
17. Personal liability of members.
18. Functions and powers of the Authority.
19. Directions by the Minister.
20. Assets transferred to the Authority.

PART III

CONCESSIONS
21. Requirement for a concession.
22. Conditions applicable to all concessions.

23. Conditions applicable to a concession for a broadcasting service.

Telecommunications Chap. 47:31 3

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

ARRANGEMENT OF SECTIONS—Continued

SECTION

24. Conditions applicable to a concession for a public
telecommunications network or service.

25. Interconnection.
26. Access to facilities.
27. Government essential services.
28. Universal service.
29. Prices.
30. Termination, suspension or amendment of concession.
31. Renewal of concession.
32. Terminal equipment.
33. Road works.
34. Repairs and restoration.

35. Trees.

PART IV

LICENCES, SPECTRUM MANAGEMENT
AND NUMBERING

36. Requirement for a licence.

37. Conditions of licence.

38. Authorisation to operate in territorial waters or airspace.

39. Termination, suspension, amendment or renewal of licence.

40. Operation of equipment.

41. Spectrum.

42. Allocation of frequency bands.

43. Exercise of functions.

44. Numbering plan.

PART V

TECHNICAL STANDARDS
45. Standards.

PART VI

TESTING AND INSPECTION
46. Inspectors.

47. Power to request information.

4 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 5

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

SECTION

48. Pre-installation testing.

49. Standards for testing.

50. Entry and search.

51. Magistrate may issue warrant.

PART VII

FINANCIAL PROVISIONS

52. Financial powers of the Authority.

53. Funds of the Authority.

54. Exemption from tax and provisions of Central Tenders Board Act.

55. Estimates of expenditure.

56. Preparation of annual reports and accounts by Authority.

57. Audit of accounts.

58. Financial year.

59. Authority may make rules.

PART VIII

STAFF AND RELATED MATTERS
60. Employment of staff.

61. Secondment.

62. Transfer of officers to the Authority.

63. Pension fund plan.

64. Employment of persons for specific tasks.

PART IX

OFFENCES
65. Offences.

66. Obstructing an inspector.

67. False signals.

68. False communications.

69. Damage to equipment.

70. Recovery of civil debt.

71. General penalty.

72. Amendment of penalties.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

ARRANGEMENT OF SECTIONS—Continued

SECTION

PART X

GENERAL
73. Directions for Minister.

74. Minister’s certification.

75. Monitoring stations.

76. Harmful interference.

77. Obligations under international agreements.

78. Regulations.

79. Authority to promulgate Broadcasting Code.

80. Confidentiality.

81. Forbearance.

82. Dispute resolution.

83. Reconsideration and appeal.

84. Telecommunications during an emergency.

85. Repeal and transitional provisions.

SCHEDULE.

6 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 7

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

*See section 1A for dates of commencement of this Act.

4 of 2001.

Preamble.

Short title.

CHAPTER 47:31

TELECOMMUNICATIONS ACT

An Act for the regulation of Telecommunications in Trinidad
and Tobago.

*[ASSENTED TO 5TH JULY, 2001]

Whereas, the Government believes that in order to promote
the country as the regional centre for the new information
economy, it is necessary to establish a comprehensive and
modern legal framework for an open telecommunications
sector by permitting new providers of telecommunications
services to enter the market and compete fairly:

And whereas it is appropriate that an Authority be
established with transparent regulatory processes to guide the
sector’s transformation from virtual monopoly, in which
Telecommunications Services of Trinidad and Tobago is the
principal provider of telecommunications services, to a
competitive environment, to monitor and regulate the sector so
transformed and, in particular, to prevent anti-competitive practices:

And whereas, in order to achieve these stated goals, it is
necessary to repeal the existing, outdated legislation and enact
new legislation, as hereunder proposed:

And whereas existing legislation in the related field of
broadcasting is also outdated:

PART I

PRELIMINARY

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

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Commencement.
[4 of 2001
126/2004].

Interpretation.
[17 of 2004].

Ch. 81:01.

1A. The commencement dates of this Act are set out hereunder:
(a) sections 1 to 20 came into operation on

5th July, 2001;
(b) sections 21 to 51 came into operation on

30th June, 2004;
(c) sections 52 to 64 came into operation on

5th July, 2001;
(d) sections 65 to 72 came into operation on

30th June, 2004;
(e) sections 73 to 76 came into operation on

5th July, 2001;
(f) sections 77 came into operation on

30th June, 2004;
(g) sections 78 to 80 came into operation on

5th July, 2001;
(h) sections 81 to 85 came into operation on

30th June, 2004.

2. (1) In this Act—
“access” means the ability of a user or provider to utilise the

available network of another provider or user;
“affiliate” means an affiliated body corporate within the meaning

of section 5 of the Companies Act;
“Authority” means the Trinidad and Tobago Telecommunications

Authority established under section 4;
“broadcasting service” means the offering of the transmission of

programmes whether or not encrypted, by any means of
telecommunications, for reception by the general public,
including sound, radio, television and other types of
transmissions, such as those on a point to multipoint basis;

“closed user group” means a group of persons, who have a
common business or other economic interest other than the
provision of a telecommunications service;

“closed user group service” means a telecommunications
service, used by a closed user group, operated without
interconnection to a public telecommunications network;

8 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 25:04.

“concession” means an authorisation to operate a public
telecommunications network or provide a public
telecommunications service or broadcasting service, issued
pursuant to section 21;

“Convention” means the International Telecommunication Union
Convention adopted from time to time and in force, to the
extent ratified by Trinidad and Tobago;

“Executive Director” means the Chief Executive Officer of the
Authority appointed by the Board in accordance with
section 8;

“facility” means a physical component of a telecommunications
network, other than terminal equipment, including wires,
lines, terrestrial and submarine cables, wave guides, optics
or other equipment or object connected therewith, used for
the purpose of telecommunications and includes any post,
pole, tower, standard, bracket, stay, strut, insulator, pipe,
conduit, or similar thing used for carrying, suspending,
supporting or protecting the structure;

“frequency band” means a continuous frequency range
of spectrum;

“harmful interference” means interference which endangers the
functioning of telecommunications so as to impede,
degrade, obstruct or interrupt a telecommunications service;

“interconnection” means the linking of public telecommunications
networks and public telecommunications services, to allow
the users of one provider of a public telecommunications
service to communicate with the users of another provider of
a public telecommunications service, and to access the
services provided by such other provider;

“licence” means an authorisation issued pursuant to section 36;
“local authority” means the council of a municipal corporation

within the meaning of the Municipal Corporations Act;
“Minister” means the member of Cabinet to whom responsibility

for telecommunications is assigned;
“network termination point” means the point designated for connection

of equipment by a user to a telecommunications network;

Telecommunications Chap. 47:31 9

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 75:01.

Ch. 23:59.

Ch. 14:01.

Ch. 1:01.

“pension fund plan” has the meaning assigned to it by section 28(1)
of the Income Tax Act;

“pension law” has the meaning assigned to it by the Law
Reform (Pensions) Act except for the reference to the
Defence Act;

“private telecommunications service” means a telecommunications
service used within one enterprise or its affiliates, to satisfy its
or their internal needs and operated without any
interconnection to a public telecommunications network;

“public ground” includes any open or enclosed space to which,
for the time being, the public has or is permitted to
have access;

“Public Service” has the meaning assigned to it under section 3
of the Constitution;

“public telecommunications network” means a telecommunications
network used to provide a public telecommunications service;

“public telecommunications service” means a telecommunications
service, including a public telephone service, offered to
members of the general public, whereby one user can
communicate with any other user in real time, regardless of
the technology used to provide such service;

“public telephone service” means the commercial provision to
the public of interactive voice communication in real time
from and to points at which users are connected to a network
such that a user can use terminal equipment to communicate
with another user;

“radiocommunication service” means a service performed or
intended to be performed or facilities provided or intended
to be provided involving the transmission, emission or
reception of electromagnetic waves for telecommunications
purposes;

“road works” means any activity that involves breaking open a
street or public ground, or that removes, alters or affects any
utility installation;

“spectrum” means the continuous range of electromagnetic wave
frequencies used for telecommunications;

10 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 11

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L.R.O. 1/2009

Ch. 48:01.

Ch. 25:03.

“station” means one or more transmitters or receivers or a
combination of transmitters and receivers including
accessory equipment at one location for carrying on a
radiocommunication service;

“street” has the same meaning assigned to it in section 2 of the
Highways Act;

“telecommunications” includes the transmission, emission or
reception of signals, writing, pulses, images, sounds or other
intelligence of any kind by wire, wireless, optical or
electromagnetic spectrum or by way of any other technology;

“telecommunications network” means a system or any part thereof
used for the provision of a telecommunications service;

“telecommunications service” means a service using
telecommunications whereby one user can communicate with
any other user in real time, regardless of the technology used to
provide such a service and includes a public telecommunications
service, a private telecommunications service, a closed user
group service and a radio communication service;

“terminal equipment” means equipment on the user’s side of the
network termination point that is connected to a
telecommunications network by wire, wireless, optical or
electromagnetic means and with which a user can originate,
process or terminate telecommunications;

“testing of traffic” means the examination of the codes and
protocols used in order to verify the type of
telecommunications signal being transmitted and received;

“Tobago House of Assembly” means the Assembly established
under the Tobago House of Assembly Act;

“traffic” means the electronic composition of a
“telecommunications signal”;

“universal service” means the provision of telecommunications
services throughout Trinidad and Tobago, taking into
account the needs of the public, affordability of the service
and advances in technologies;

“user” means a customer or a subscriber;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 54:73.

Objects of
the Act.

“utility installation” means any facility in or over a street or
public ground;

“utility installation owner” means the owner or operator of any
utility installation, and includes any concessionaire or
licensee, statutory authority and any other entity defined to be
a public utility in the Regulated Industries Commission Act;

“value added service” means a service, other than a public
telecommunications service that, using a telecommunications
service, provides or modifies content and applications not
associated with the telecommunications service.

(2) Terms and words relating to telecommunications
used in the Act but not defined in this section shall bear the
meaning assigned to them in the Convention.

(3) The Minister may, by Order, amend this section,
subject to affirmative resolution of Parliament.

3. The objects of the Act are to establish conditions for—
(a) an open market for telecommunications services,

including conditions for fair competition, at the
national and international levels;

(b) the facilitation of the orderly development of a
telecommunications system that serves to safeguard,
enrich and strengthen the national, social, cultural
and economic well-being of the society;

(c) promoting and protecting the interests of the
public by—

(i) promoting access to telecommunications
services;

(ii) ensuring that services are provided to persons
able to meet the financial and technical
obligations in relation to those services;

(iii) providing for the protection of customers;
(iv) promoting the interests of customers,

purchasers and other users in respect of the
quality and variety of telecommunications
services and equipment supplied;

12 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 13

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Ch. 1:01.

Establishment
of the
Authority.
[17 of 2004].

Management of
Authority by
Board.

Constitution of
Board.
[17 of 2004].

(d) promoting universal access to
telecommunications services for all persons in
Trinidad and Tobago, to the extent that is
reasonably practicable to provide such access;

(e) facilitating the achievement of the objects
referred to in paragraphs (a) and (b) in a manner
consistent with Trinidad and Tobago’s
international commitments in relation to the
liberalisation of telecommunications;

(f) promoting the telecommunications industry in
Trinidad and Tobago by encouraging investment
in, and the use of, infrastructure to provide
telecommunications services; and

(g) to regulate broadcasting services consistently with
the existing constitutional rights and freedoms
contained in sections 4 and 5 of the Constitution.

PART II

THE TELECOMMUNICATIONS AUTHORITY

4. There is hereby established a body corporate to be known
as the Telecommunications Authority of Trinidad and Tobago
(hereinafter referred to as “The Authority”).

5. The Authority shall be managed by a Board (hereinafter
referred to as “the Board”) for the purpose of exercising and
performing such duties as are conferred upon it by this Act and
by any other written law.

6. (1) The Board shall consist of a Chairman, a Deputy
Chairman and not less than five or more than nine members
appointed by the President on such terms and conditions as the
President may determine.

(2) Of the members appointed under subsection (1)—
(a) one member shall be appointed on the

recommendation of the Chief Secretary of the
Tobago House of Assembly;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ch. 90:03.

(b) at least three members shall be qualified, by reason
of training and experience, in telecommunications
or the telecommunication sector;

(c) one member shall be an Attorney-at-law within
the meaning of the Legal Profession Act;

(d) one member shall be a representative of art
and culture;

(e) one member shall be a representative of the non-
governmental organisation movement; and

(f) the remainder shall be qualified, by reason of
training and experience, in the fields of
economics, finance or business.

(3) Subject to subsection (4) an appointment under
subsection (1) shall be for such period, being not more than three
years at any one time, as the President shall specify in the
instrument of appointment, and the appointments of members
shall not all expire at the same time.

(4) The first Board shall consist of a Chairman, Deputy
Chairman and two members appointed for a term of three years,
three members appointed for a term of two years and any other
members that may be appointed for a term of one year each.

(5) The Chairman or Deputy Chairman may at any time
resign his office as Chairman or Deputy Chairman or as a
member of the Board or both by letter addressed to the President
and forwarded through the Minister.

(6) A member of the Board may at any time resign by
letter addressed to the Chairman who shall forthwith cause it to
be forwarded to the Minister to be submitted to the President.

(7) The appointment of any person to an office or
membership of the Board and the termination thereof whether by
death, resignation, revocation, effluxion of time or otherwise,
shall be notified in the Gazette.

(8) The President may terminate the appointment of a
member of the Board where he—

(a) becomes of unsound mind or is incapable of
carrying out his duties;

14 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Corporate
Secretary.

Executive
Director.

(b) has been declared bankrupt;
(c) is convicted of any offence which brings the

Authority into disrepute;
(d) is guilty of misconduct in relation to his duties;
(e) is absent, except on leave granted by the Board,

from three consecutive meetings of the Board; or
(f) fails materially and willfully to carry out any of

the duties or functions conferred or imposed on
him under this Act.

(9) Where a member, appointed under subsection (1) is
unable to act by reason of illness or other cause, the President
may appoint a person to act as a Board member in his stead for
that occasion or until termination of the disability.

(10) A person appointed pursuant to subsection (9), may
complete any unfinished business of the Authority in which he has
taken part, notwithstanding the resumption of duty of the Board
member in whose place he was appointed under this section.

(11) Section 15 applies mutatis mutandis to a person
appointed under subsection (9).

7. (1) The Board shall appoint a Corporate Secretary
(hereinafter referred to as “the Secretary”) for a period of not less
than three years on such terms and conditions as it shall determine.

(2) The Secretary shall be responsible for such matters
as the Board may determine.

(3) Service upon the Authority of any document shall be
effected by delivering or sending the same by registered post or
by facsimile or other electronic means, addressed to the
Secretary, at the office of the Authority.

(4) Service upon the Authority of any document, by
facsimile or other electronic means, shall be supported by hard
copy as soon as possible thereafter.

8. (1) The Board shall appoint an Executive Director, who
shall be the Chief Executive Officer of the Authority, for a term
not exceeding five years on such terms and conditions as are
agreed upon between the Board and the Executive Director.

Telecommunications Chap. 47:31 15

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UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Absence from
office of
Executive
Director.

Seal.

(2) The Executive Director shall—
(a) manage the affairs of the Authority subject to

the directions of the Board;
(b) attend all meetings of the Board and take part in

its deliberations but he shall have no right to vote.

(3) The appointment of the Executive Director and the
termination of his appointment, whether by death, resignation or
otherwise, shall be published in the Gazette.

9. (1) Where a vacancy arises in the office of the Executive
Director either—

(a) by a resignation or termination of appointment;
(b) by absence approved by the Board,

the Board shall appoint, from amongst the staff of the Authority,
a person to act as Executive Director.

(2) Where a person acts in accordance with this section he—
(a) shall have and may exercise all the powers and

perform all of the functions of the Executive Director;
(b) shall receive the same remuneration as the

Executive Director; and
(c) shall, where the vacancy arose as a result of a

resignation or termination, continue to act until
such time as an Executive Director is appointed,
such appointment to be no later than six months
from the date of the acting appointment.

(3) At no time shall an appointment to act as Executive
Director exceed a period of six months.

10. (1) The Authority shall have an official seal that is to be
kept in the custody of the Secretary.

(2) The seal shall be used with the permission of the Board
and every instrument to which it is affixed shall be signed by the
Secretary and Chairman or the Secretary and Deputy Chairman.

(3) All documents other than those required by law to be
under seal shall be signed by the Chairman or the Deputy Chairman
or a member authorised by resolution of the Board to do so.

16 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Ordinary
meetings.

Special
meetings.

Quorum.
[17 of 2004].

11. (1) The Board shall meet at such times as may be
necessary or expedient for the transaction of business and in any
case at least once every two months at such place and time and
on such days as the Board may determine.

(2) The Chairman or, in his absence, the Deputy
Chairman shall preside at all meetings of the Board.

(3) Where, for any reason, the Chairman or the Deputy
Chairman is absent, the members present may choose one of their
number to preside at that meeting.

(4) Notwithstanding subsections (2) and (3), no person
shall preside at any meeting when the provisions of section 15(2)
apply to him.

(5) The Board may, by way of rules or resolutions,
regulate its own procedure for the conduct of its business.

(6) Minutes of each meeting shall be kept in the proper
form by the Secretary and confirmed at a subsequent meeting
of the Board.

(7) Copies of the confirmed Minutes referred to in
subsection (6), shall be made available to the Minister upon his request.

12. (1) The Chairman may at any time call a special meeting
of the Board.

(2) The Chairman shall call a special meeting within
seven days of receiving a request, in writing, so to do, signed by
any four members of the Board and shall cause notices to be
issued to all members in respect of every special meeting.

(3) Every request for a special meeting shall include
sufficient indication of the purpose of the meeting.

13. (1) At any meeting of the Board, half of the members
plus one additional member, shall constitute a quorum.

(2) Decisions of the Board shall be by a majority of
votes of the members present and voting.

(3) The Chairman, or other member duly presiding,
shall have an original, and if the vote is equal, a casting vote.

Telecommunications Chap. 47:31 17

LAWS OF TRINIDAD AND TOBAGO

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UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Decisions of
the Board.

Disclosure of
interest.

Ch. 45:55.

14. A decision of the Board, by a majority of members
present and voting, shall be final and conclusive.

15. (1) The Minister and every member of the Board shall,
on appointment and annually thereafter, submit to the President a
declaration stating whether or not he has an actual or contingent
pecuniary interest—

(a) in any network or service regulated by the
Authority; and

(b) in any business or any body corporate carrying
on any business with the Authority in the
exercise of its functions.

(2) The Minister and a member of the Board whose actual
or contingent pecuniary interest is likely to be affected in any way by
a decision of the Board on any matter specified in subsection (1)
shall, as soon as possible after the relevant facts come to his
knowledge, disclose to the President the nature of that interest.

(3) In respect of any matter which, pursuant to the
provisions of this Act, requires the Board to seek the approval
of the Minister, a disclosure by the Minister pursuant to
subsection (2) shall preclude him from withholding that approval.

(4) A disclosure under subsection (2) shall be recorded
in the minutes of a meeting of the Board and the member shall—

(a) not take part after disclosure in any deliberation or
decision of the Board with respect to that matter; and

(b) be disregarded for the purpose of constituting a
quorum of the Board.

(5) For the purposes of this section, a person who, or a
nominee or relative of whom, is a shareholder who owns shares in
excess of five per cent, or is a partner in a company or other body of
persons other than a statutory authority or who is an employee thereof,
shall be treated as having an actual or contingent pecuniary interest.

(6) In this section, “relative” means spouse, cohabitant
within the meaning of the Cohabitational Relationships Act,
father, mother, brother, sister, son or daughter of a person.

18 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 19

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Inducement,
collusion,
concealment or
connivance.
Ch. 11:11.

Personal
liability of
members.
[17 of 2004].

Functions and
powers of the
Authority.
[17 of 2004].

(7) Any person to whom this section applies who fails to
comply with the provisions of this section commits an offence
and is liable on summary conviction to a fine of one hundred
thousand dollars unless he proves, to the satisfaction of the Court,
that he did not know that—

(a) the matter in which he had an interest was the
subject of consideration at the meeting; or

(b) he had an interest in the matter under
consideration at the meeting.

16. The provisions of the Prevention of Corruption Act
apply where a member of the Board or an employee of the
Authority demands or accepts any fee, perquisite, bribe, gratuity,
recompense or reward, whether pecuniary or otherwise, from any
person, on account of anything done or to be done, omitted or to
be omitted by such person, in any way relating to his office or
employment, or if such a person attempts to make any collusive
agreement to neglect his duty or to conceal or connive at any act
whereby any provision of this Act or any other law may be
evaded or violated, such person commits an offence and is liable,
on summary conviction, to a fine of not less than two hundred
and fifty thousand dollars and imprisonment for two years.

17. (1) No personal liability shall attach to any member for—
(a) any act or omission of the Board; or
(b) anything done or permitted in good faith in the

course of the operations of the Authority under
this Act.

(2) Any sums of money, damages or costs recovered
against the Authority for anything done, omitted or permitted in
good faith in the course of the operations of the Authority shall be
paid out of such amounts as may be appropriated by Parliament.

18. (1) Subject to the provisions of this Act, the Authority
may exercise such functions and powers as are imposed on it by
this Act and in particular—

(a) make recommendations to the Minister on the
granting of concessions and licences and

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

monitor and ensure compliance with the
conditions set out therein;

(b) classify telecommunications networks and services
as public telecommunications networks, public
telecommunications services, closed user group
services, private telecommunications services,
value added services, broadcasting services or
any other type of telecommunication service;

(c) determine universal service obligations
throughout Trinidad and Tobago, pursuant to
section 28, and ensure that such obligations
are realised;

(d) establish national telecommunications industry
standards and technical standards;

(e) advise the Minister on policies governing the
telecommunications industry and issues arising
at international, regional and national levels;

(f) advise the Minister on technical standards;
(g) ensure compliance with the Convention;
(h) implement and enforce the provisions of this Act

and the policies and Regulations made hereunder;
(i) plan, supervise, regulate and manage the use of

the radio frequency spectrum, including—
(i) the licensing and registration of radio

frequencies and call signs to be used by all
stations operating in Trinidad and Tobago
or on any ship, aircraft, or other vessel or
satellite registered in Trinidad and Tobago;

(ii) the allocation, assignment and reallocation
or reassignment of frequency bands
where necessary;

(j) plan, administer, manage and assign
telecommunications numbering for
telecommunications services;

(k) collect all fees, including concession and licence
fees, and any other charges levied under this Act;

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(l) investigate and resolve all allegations of
harmful interference;

(m) investigate complaints by users, operators of
telecommunications networks, providers of
telecommunications and broadcasting services
or other persons arising out of the operation of a
public telecommunications network, or the
provision of a telecommunications service or
broadcasting service, in respect of rates, billings
and services provided generally and to facilitate
relief where necessary;

(n) train and certify its personnel in accordance
with the Convention;

(o) test and certify telecommunications
equipment, subject to section 48(3), to ensure
compliance with—

(i) international standards; and
(ii) environmental health and safety

standards, including electromagnetic
radiation and emissions;

(p) ensure the orderly and systematic development
of telecommunications throughout Trinidad
and Tobago;

(q) establish a consumer complaints committee to
collect, decide on and report on consumer
complaints, such reports to be included in the
Authority’s annual report; and

(r) carry out such other functions imposed by or under
this Act and do anything incidental or conducive
to the performance of any of its functions.

(2) In the performance of its functions under
subsection (1)(b), the Authority shall require that all persons
operating or intending to operate any of the services listed in
subsection (1)(b) notify the Authority accordingly and the
Authority shall establish a Register of all such persons and services.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Directions by
the Minister.

Assets
transferred to the
Authority.
Schedule.

(3) In the performance of its functions, the Authority
shall have regard to the interests of consumers and in particular—

(a) to the quality and reliability of the service
provided at the lowest possible cost;

(b) to fair treatment of consumers and service
providers similarly situated;

(c) in respect of consumers similarly placed, to non-
discrimination in relation to access, pricing and
quality of service; and

(d) current national environmental policy.

(4) In the performance of its functions under
subsection (1)(c), (d), (e), (m) and (p), sections 28, 78 and 79
and any other provisions of the Act as the Authority deems
appropriate, the Authority shall adopt procedures by which it will—

(a) afford interested parties and the public
opportunities for consultation;

(b) permit affected persons and the public to make
appropriate submissions to the Authority.

(5) At all times the Authority shall, in the performance
of its functions and exercise of its powers, act in an objective,
transparent and non-discriminatory manner.

19. Subject to the provisions of this Act or any other written
law, the Minister may give written directions to the Authority on
matters of general public policy and the Authority shall give
effect to that policy.

20. (1) All rights, claims or interests of the Government in the
assets set out in the Schedule are hereby vested in the Authority.

(2) The Auditor General shall within thirty days of the
commencement of this Act, cause an audit of the assets vested in
the Authority.

(3) The Auditor General shall within thirty days of
completion of the audit cause a copy of the audited statement
together with an inventory to be laid in Parliament or if
Parliament is not then in session, within thirty days after
commencement of its next session.

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Requirement for
a concession.
[17 of 2004].

(4) The audited statement shall indicate among other
things, the value of the inventory, as of the date of the audit.

PART III

CONCESSIONS

21. (1) No person shall operate a public telecommunications
network, provide a public telecommunications service or
broadcasting service, without a concession granted by the Minister.

(2) A person who wishes to operate a network or
provide a service described in subsection (1), shall apply to the
Authority in the manner prescribed.

(3) On its receipt of an application, the Authority shall
cause to be published in the Gazette and in at least one daily
newspaper circulating in Trinidad and Tobago, a notice to the
effect that it has received and is reviewing the application.

(4) A notice published pursuant to subsection (3) shall
state the time, which shall not be less than twenty-eight days
from the date of publication of the notice, within which any
comment on or objection to the application may be submitted to
the Authority and the Authority shall consider the comments and
objections prior to making its recommendations to the Minister.

(5) The Authority shall forward its recommendations to
the Minister within ninety days of receiving all relevant information
pertinent to the application and the Minister shall indicate his
approval, modification or rejection of the recommendation
within sixty days of receipt of the Authority’s recommendation.

(6) Where the Minister approves the recommendation of
the Authority or modifies or rejects it, he shall give his reasons in
writing for so doing and the Authority shall publish both the
recommendations and the Minister’s position in respect thereof
in the Gazette and at least one daily newspaper circulating in
Trinidad and Tobago.

(7) On the granting of a concession by the Minister, the
Authority shall cause to be published in the Gazette and at least
one daily newspaper circulating in Trinidad and Tobago, a notice
to that effect.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Conditions
applicable to all
concessions.

(8) The terms of a concession shall be available for
public scrutiny in the manner prescribed by the Authority.

(9) If, on the expiration of the period referred to in
subsection (5), the Minister has not indicated to the Authority, in
writing, his approval, modification or rejection of the
recommendation, it shall be deemed to have been approved.

(10) The Authority may conduct public hearings in respect
of applications for concessions for public telecommunications
services and broadcasting services, when such applications are
made in the first instance or subsequently at five-year intervals
when such services are in existence.

22. (1) Every concession for a public telecommunications
network, a public telecommunications service or a broadcasting
service shall—

(a) require the concessionaire to pay fees annually
to the Authority;

(b) prohibit anti-competitive pricing and other
related practices;

(c) prohibit the transfer of control of the
concessionaire without the prior written
approval of the Authority;

(d) prohibit the assignment of the concession without
the prior written approval of the Authority;

(e) require the concessionaire, upon request made
by the Minister of National Security and subject
to any written law, to collaborate with the
Ministry in matters of national security; and

(f) require the observance of regulations made
pursuant to this Act.

(2) The approval of the Authority as required under
subsection (1)(c) and (d), shall not be unreasonably withheld.

(3) Every concession for a public telecommunications
network, a public telecommunications service or a broadcasting
service shall contain conditions regarding—

(a) the expiration of the concession and the time
required for an application for renewal;

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Conditions
applicable to a
concession for a
broadcasting
service.

Conditions
applicable to a
concession for a
public tele-
communications
network or
service.
[17 of 2004].

(b) the circumstances under which the concession
may be amended, e.g., force majeure, national
security, changes in nationa1 legislation,
implementation of international obligations;

(c) the provision of information and reports to
the Authority;

(d) the overall performance of the concessionaire;
(e) the provision of information to users and

procedures for handling and responding to user
complaints and disputes;

(f) the submission to the Authority of disputes with
other concessionaires, users and any person,
where such disputes arise out of the
concessionaire’s exercise of his rights and
obligations under the concession, subject to
section 82; and

(g) any other matter as may be agreed between the
Minister and the concessionaire.

23. In addition to the conditions stipulated in section 22, a
concession for a broadcasting service shall require the
concessionaire to adhere to the Broadcasting Code promulgated
pursuant to this Act.

24. (1) In addition to the conditions stipulated in section 22,
a concession for a public telecommunications network or a public
telecommunications service shall require the concessionaire to
adhere, where applicable, to conditions requiring the
concessionaire to—

(a) submit to the Authority plans for its approval
respecting—

(i) the development of its network or service;
(ii) quality of service; and

(iii) any other related matter as the Authority
may require,

and in the event that the concessionaire and
Authority fail to agree with respect to the plans

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required under this paragraph, the Minister may
be asked to commission a dispute arbitration
procedure to resolve the dispute in the context of
the concession;

(b) provide users, under conditions which are
published or are otherwise filed with the
Authority, with access to and the opportunity to
use such network or service on a fair and
reasonable basis, and without discrimination
among similarly situated users;

(c) refrain from using revenues or resources, from a
telecommunications network or service to
cross-subsidise any other telecommunications
network or service, without the prior written
approval of the Authority;

(d) meet prescribed standards of quality;
(e) file annually with the Authority forms of user

agreements with users for the provision of
public telecommunications services for
approval by the Authority;

(f) permit the resale of its telecommunications
service by not imposing unreasonable or
discriminatory conditions or limitations on
such resale;

(g) provide and contribute to universal service in
accordance with section 28;

(h) account for costs and keep such books of
accounts and where the Authority prescribes by
regulation the manner in which such books are
to be kept, to keep such books of accounts in
accordance with such regulations;

(i) refrain from impairing or terminating the
telecommunications service to a user or other
provider of a telecommunication service during a
dispute, without first having undertaken to resolve
the dispute in accordance with established
procedures approved by the Authority and where
such dispute cannot be resolved, to seek written

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Interconnection.
[17 of 2004].

approval from the Authority; but in respect of a
billing dispute the concessionaire shall collect
such amounts that are not in dispute from such
user or other provider;

(j) refrain from using, and maintain the
confidentiality of any confidential, personal and
proprietary information of any user, other
operator of a public telecommunications network
or other provider of a telecommunications
service originating from—

(i) any such user, operator or provider; or
(ii) any information regarding usage of the

service or information received or
obtained in connection with the operation
of the concessionaire’s network or service,

for any purpose other than to—
(iii) operate such network or service;
(iv) bill and collect charges;
(v) protect the rights or property of the

concessionaire;
(vi) protect users or other providers from the

fraudulent use of the concessionaire’s
network or service,

or as otherwise permitted by the concessionaire,
user or other provider, as the case may be; and

(k) make available on a timely basis, to other
providers of telecommunications services, such
technical information as the Authority may
prescribe regarding the concessionaire’s
network, including planned deployment of
equipment, and other relevant information
necessary for the provision of such services.

(2) (Repealed by Act No. 17 of 2004).

25. (1) In addition to the requirements of sections 22 and 24,
a concession for a public telecommunications network or a

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public telecommunications service shall include conditions
obliging the concessionaire to provide for—

(a) direct interconnection with the public
telecommunications network or public
telecommunications service of another
concessionaire;

(b) indirect interconnection with such network or
service referred to in paragraph (a), through the
public telecommunications networks or public
telecommunications services of other
concessionaires; and

(c) the transmission and routing of the services of
other concessionaires, at any technically
feasible point in the concessionaire’s network.

(2) In respect of a concessionaire’s obligations pursuant
to subsection (1), the Authority shall require a concessionaire to—

(a) comply with guidelines and standards established
by the Authority to facilitate interconnection;

(b) provide, upon request, points of interconnection
in addition to those offered generally to other
concessionaires, subject to rates that reflect the
concessionaire’s total economic cost of
constructing additional facilities necessary to
satisfy such request;

(c) publish, in such manner as the Authority may
prescribe, the prices and the technical and other
terms and conditions pertaining to its offer for
the elements of interconnection;

(d) provide the elements of interconnection, to other
concessionaires of public telecommunications
networks and public telecommunications services,
in a manner that is at least equal in both quality and
rates to that provided by the concessionaire to a
subsidiary, affiliate or any other party to which the
concessionaire provides interconnection;

(e) promptly negotiate, upon the request of another
concessionaire of a public telecommunications

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network or a public telecommunications service,
and endeavour to conclude, subject to paragraph (h),
an agreement with regard to the prices and the
technical and other terms and conditions for the
elements of interconnection;

(f) deposit with the Authority a copy of any
agreement concluded pursuant to paragraph (e)
within twenty-eight days of its making;

(g) offer the terms and conditions of an agreement
concluded pursuant to paragraph (e) to any other
concessionaire of a public telecommunications
network or public telecommunications service
on a non-discriminatory basis;

(h) submit to the Authority for prompt resolution, in
accordance with such procedures as the
Authority may adopt, any disputes that may
arise between concessionaires relating to any
aspect of interconnection, including the failure
to conclude an agreement made pursuant to
paragraph (e), or disputes as to price and any
technical or other term and condition for any
element of interconnection;

(i) submit to any decision rendered by the
Authority made pursuant to paragraph (h);

(j) provide, to the extent technically feasible,
number portability when required to do so and
in accordance with the requirements prescribed,
by the Authority;

(k) provide dialing parity to other concessionaires of
public telecommunications networks and public
telecommunications services in accordance with
requirements prescribed by the Authority;

(l) permit other concessionaries of public
telecommunications networks and public
telecommunications services to have equal
access to telephone numbers, operator services,



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

directory assistance and directory listing at a cost
efficient rate without unreasonable delay, in
accordance with requirements prescribed by the
Authority; and

(m) disaggregate the network and, on a cost basis, in
such manner as the Authority may prescribe,
establish prices for its individual elements
and offer the elements at the established
prices to other concessionaires of public
telecommunications networks and public
telecommunications services.

(3)

to

(5)

26. (1) Subject to the provisions of this section, it shall be a
further condition of a concession for a public telecommunications
network and broadcasting service that the concessionaire be
required to provide other concessionaires with access to the
facilities that it owns or controls, such access not to be
unreasonably withheld.

(2) Access to facilities shall be negotiated between
concessionaires on a non-discriminatory and equitable basis and,
at the request of either party, the Authority may assist in
negotiating a settlement between such parties.

(3) A concessionaire may deny access only where it
demonstrates that there is insufficient capacity in the facility, taking
into account its reasonably anticipated requirements and its
obligations pursuant to section 27, or, for reasons of safety, security,
reliability or difficulty of a technical or engineering nature.

(4) The Authority may regulate the rates, terms and
conditions for access to any facility, such rates, terms and
conditions to be just and reasonable and it may adopt procedures
necessary and appropriate to facilitate, by such means as the
Authority deems appropriate, the determination of complaints
concerning such rates, terms and conditions.

Access to
facilities.
[17 of 2004].

} (Deleted by Act No. 17 of 2004).

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Government
essential
services.

Universal
service.
[17 of 2004].

(5) For purposes of this section, access to facilities does
not include interconnection.

27. A concessionaire of a public telecommunications
network shall permit the Minister to place, at his request, one
cross-arm on any or all of its poles in Trinidad and Tobago free
of all rental charges for the purpose of providing essential fire-
alarm, police signaling or other services of the Government, but
any cross-arm so placed shall be provided, placed and maintained
at the expense of the Government, and any damage caused to the
property of such concessionaire or any expense, cost, damage or
claim incurred by such concessionaire by the exercise by the
Minister of the powers conferred by this subsection shall be made
good and paid to such concessionaire by the Government.

28. (1) In accordance with the policy established by the
Minister, the Authority shall determine the public
telecommunications services in respect of which the requirement
of universal service shall apply.

(2) Such services, as are referred to in subsection (1),
shall include, at a minimum, a quality public telephone service.

(3) In accordance with the policy established by the
Minister, the Authority shall periodically determine the manner
in which a public telecommunications service or value added
service shall be provided and funded in order to meet the
requirements of universal service for that service, including the
obligations, if any, of the providers and users of the service.

(4) The Authority may, with the approval of the
Minister, require that closed user group services, private
telecommunications services and value added services as well as
the users of such services and all telecommunications services
generally, contribute to the funding of universal service.

(5) The Authority shall forward its recommendations to
the Minister pursuant to this section and the Minister shall indicate
his approval, modification or disapproval of the recommendation
within sixty days of receipt of the Authority’s recommendation.

(6) Where the Minister accepts the recommendation of
the Authority or modifies or rejects it, he shall give his reason in

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Prices.
[17 of 2004].

writing for so doing and the Authority shall arrange for the
publication of both the recommendation and the Minister’s
position in respect thereof.

(7) If on the expiration of the period referred to in
subsection (5), the Minister has not indicated to the Authority, in
writing, his approval, modification or rejection of the
recommendation, it shall be deemed to have been approved.

(8) The obligations to provide and contribute to the
funding of the services referred to in subsection (1) shall be
applied on a non-discriminatory basis as between all similarly
situated telecommunications service providers and users.

29. (1) Prices for telecommunications services, except those
regulated by the Authority in accordance with this section, shall
be determined by providers in accordance with the principles of
supply and demand in the market.

(2) The Authority may establish price regulation
regimes, which may include setting, reviewing and approving
prices, in any case where—

(a) there is only one concessionaire operating a
public telecommunications network or
providing a public telecommunications service,
or where one concessionaire has a dominant
position in the relevant market;

(b) a concessionaire operating a public
telecommunications network or providing a
public telecommunications service cross-
subsidises another telecommunications service
provided by such concessionaire; or

(c) the Authority detects anti-competitive pricing or
acts of unfair competition.

(3) The Authority shall regulate prices for public
telecommunications services and international incoming and
outgoing settlement tariffs by publishing pricing rules and principles.

(4) Such rules and principles, made pursuant to
subsection (3), shall require rates to be fair and reasonable and

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shall prohibit unreasonable discrimination among similarly
situated persons, including the concessionaire.

(5) In respect of any telecommunications services
provided on an exclusive basis by a concessionaire, the Authority
shall establish the maximum rate-of-return that the concessionaire
may receive on its investment or shall prescribe the use of any
other measures for determining the concessionaires profitability,
as it deems appropriate.

(6) For any public telecommunications service provided
on a non-exclusive basis, the Authority may introduce a method
for regulating the prices of a dominant provider of such
telecommunications service by establishing caps and floors on
such prices, or by such other methods as it may deem appropriate.

(7) Prices, terms and conditions for public
telecommunications services shall be published by the
concessionaire at such times and in such manner as the Authority
shall prescribe and shall thereafter, subject to this Act and the
conditions of any concession, be the lawful prices, terms and
conditions for such services.

(8) For the purposes of this Part and wherever the issue of
dominance otherwise arises in the Act, the Authority may
determine that an operator or provider is dominant where,
individually or jointly with others, it enjoys a position of economic
strength affording it the power to behave to an appreciable extent
independently of competitors, customers and ultimately consumers
and, for such determination, the Authority shall take into account
the following factors:

(a) the relevant market;
(b) technology and market trends;
(c) the market share of the provider;
(d) the power of the provider to set prices;
(e) the degree of differentiation among services in

the market;
(f) any other matters that the Authority deems relevant.

(9) Where a concessionaire, deemed dominant by the
Authority pursuant to subsection (8), considers that it has lost its

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Termination,
suspension or
amendment of
concession.

dominance, it may apply to the Authority to be classified as non-
dominant and should the Authority so classify, the relevant
concession shall be amended to reflect such classification.

30. (1) Subject to this section, the Minister, on the
recommendation of the Authority, may suspend or terminate a
concession where—

(a) the concessionaire has failed to comply
materially with any of the provisions of this Act,
Regulations made hereunder or the terms and
conditions of the concession; or

(b) the concessionaire has failed to comply materially
with any lawful direction of the Authority.

(2) A concession may be amended by the Minister,
where force majeure, national security considerations, changes in
national legislation or the implementation of international
obligations requires amendment to a concession.

(3) Where a concession is amended pursuant to
subsection (2), on grounds of national security, the rights of the
concessionaire to compensation shall not be prejudiced.

(4) The Minister shall, before exercising the power of
termination or suspension conferred by this section—

(a) serve on the concessionaire, a written notice to
the effect that—

(i) he is considering exercising the power
and setting out the ground on which it
may be exercised; and

(ii) the concessionaire may within thirty days
of the notice being served, make written
representation to the Authority;

(b) take into consideration any representation made
to the Authority under paragraph (a)(ii).

(5) During the period that the Minister is considering
exercising his power to suspend or terminate the concession, the
concessionaire shall continue to operate until such time as the
Minister makes a determination and in the event that the period

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Renewal of
concession.
[17 of 2004].

Terminal
equipment.

of the concession comes to an end before the determination by
the Minister is made, an interim renewal of the concession on the
same terms shall be granted.

(6) Before amending a concession, the Minister shall
serve on the concessionaire written notice of the proposed
amendment, giving reasons for the amendment and the date by
which the amendment shall take effect.

(7) A decision of the Minister pursuant to this section
may be reviewed by the High Court.

31. (1) Upon application by a concessionaire for the
renewal of the first concession issued to him under this Act, the
Minister shall, on the recommendation of the Authority, renew
that concession unless—

(a) the concessionaire failed to operate within the
terms of the first concession; and

(b) the concessionaire failed to comply materially
with any of the provisions of this Act, Regulations
made hereunder or the terms and conditions of the
concession; or

(c) the concessionaire failed to comply materially
with any lawful direction of the Authority.

(2) The period of renewal shall be as agreed between the
concessionaire and the Minister acting upon the recommendation
of the Authority.

32. Any terminal equipment may be connected to a public
telecommunications network where the Authority, after consultation
with the concessionaire, has certified such terminal equipment as—

(a) being safe for the user;
(b) being in compliance with international standards,

and environmental health and safety standards
including standards for electromagnetic radiation
and emissions;

(c) meeting requirements of electromagnetic
compatibility if specified;

(d) not posing a risk of harm to the network;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

(e) effectively utilising the electromagnetic
spectrum and preventing interference between
satellite and terrestrial-based systems and
between terrestrial systems; and

(f) being compatible with the network.

33. (1) In connection with the operation of a
telecommunications network or the provision of a
telecommunications service, a concessionaire may install or
maintain a facility in or over a street or public ground or remove
the facility therefrom and, for that purpose, may, in accordance
with the development plan for the area and the provisions of the
Highways Act and any other written law, carry out road works.

(2) Before carrying out any road works for the purposes
specified in subsection (1), a concessionaire shall—

(a) obtain from the Ministry with responsibility for
highways, the local authority or the Tobago House
of Assembly, as the case may be (hereinafter referred
to as “the relevant authority”), plans showing all
utility installations that might be affected;

(b) submit detailed plans of the intended road works
to each utility installation owner likely to be
affected thereby;

(c) not commence any road works that might affect
a utility installation without first having
requested and obtained written permission from
the said utility installation owner; and

(d) notify the Authority of any intended road works.

(3) Pursuant to the notification received by the
Authority under subsection (2)(d), the Authority shall notify
other concessionaires of the intended road works and inquire of
them whether they have any intention of undertaking, similar
type road works.

(4)

to

(7)
} (Deleted by Act No. 17 of 2004).

Road works.
[17 of 2004].

Ch. 48:01.

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Repairs and
restoration.
[17 of 2004].

Trees.

(8) No concessionaire notified under subsection (3)
shall carry out road works within six months of the receipt of
such notification except where such concessionaire proves to the
satisfaction of the Authority the necessity of carrying out
emergency works.

(9) The Authority shall require that, at least two weeks
prior to carrying out road works, a concessionaire publish a
description thereof in at least one daily newspaper.

34. (1) Where a concessionaire damages any utility
installation in carrying out road works, he shall immediately
request the utility installation owner to repair the damage to the
utility installation.

(2) The concessionaire shall compensate the utility
installation owner for the full cost of repair.

(3) A concessionaire shall, as speedily as possible,
complete all road works and restore the street and public grounds,
including the removal of any debris, to the satisfaction of the
relevant utility installation owner, such satisfaction to be
expressed in writing.

(4) Where a concessionaire fails to comply with
subsection (2), he shall be held liable for any expenditure that the
relevant utility installation owner incurs in such restoration and
for any other loss by any other person.

(5) The liability of the concessionaire under subsection (4)
shall continue for a period of four years or until the relevant
utility installation owner expresses its satisfaction in writing
pursuant to subsection (3).

35. Where trees on private lands overhang or interfere with
any facility or road works, a concessionaire shall, before cutting
down, pruning or trimming the trees, obtain the consent of the
owner or person in possession of the land.

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Requirement for
a licence.
[17 of 2004].

PART IV

LICENCES, SPECTRUM MANAGEMENT AND
NUMBERING

36. (1) Subject to subsection (2), no person shall—
(a) establish, operate or use a radio-communication

service;
(b) install, operate or use any radio-transmitting

equipment; or
(c) establish, operate or use any radio-

communication service on board any ship,
aircraft, or other vessel in the territorial waters
or territorial airspace of Trinidad and Tobago,
other than a ship of war or a military aircraft or
satellite registered in Trinidad and Tobago,

without a licence granted by the Authority.

(2) Where spectrum is required in respect of a
concession that has been applied for under Part III, the licence
application shall be processed as part of the concession
application pursuant to section 21.

(3) The Authority shall notify the applicant of its
determination within ninety days of receipt of the application.

(4) The Authority shall cause to be published in the
Gazette and at least one daily newspaper circulating in Trinidad
and Tobago, a notice of licences issued.

(5) The terms of a licence shall be made available for
public scrutiny in the manner prescribed by the Authority.

(6) Where it appears to the Authority that the licence
contains information contrary to national security or other
international obligations, the Authority shall withhold that
information from public scrutiny.

(7) A licence shall be consistent with the spectrum plan
established pursuant to section 41 and Regulations made
pursuant to this Act and shall confer the right on the licensee to
use a certain frequency band or bands subject to such conditions
as may be set out in the licence.

38 Chap. 47:31 Telecommunications

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UPDATED TO DECEMBER 31ST 2014

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Conditions of
licence.
[17 of 2004].

Authorisation to
operate in
territorial waters
or airspace.

37. (1) Every licence shall—
(a) require the licensee to pay fees annually to the

Authority;
(b) require strict adherence to the allotted frequency

band;
(c) prohibit the transfer of control of the licensee

without the prior written approval of the Authority;
(d) prohibit the assignment of the licence, without

the prior written approval of the Authority;
(e) require the licensee, upon request made by the

Minister of National Security and subject to any
written law, to collaborate with the Ministry in
matters of national security; and

(f) require the observance of regulations made
pursuant to this Act.

(2) The approval of the Authority required under
subsections (1)(c) and (d) shall not be unreasonably withheld.

(3) Every licence shall contain conditions regarding—
(a) the use of the frequency or frequencies so licensed;
(b) the expiration and renewal of a licence;
(c) the circumstances under which the licence may

be amended, e.g., force majeure, national
security, changes in national legislation,
implementation of international obligations;

(d) type of emission, power and other technical
requirements for the radio-communication
service; and

(e) any other matter as may be agreed between the
Authority and the licensee.

38. Notwithstanding section 36(1), a ship or aircraft being a
ship or aircraft not registered in Trinidad and Tobago while
operating in the territorial waters or airspace of Trinidad and
Tobago, is not required to have authorisation from the Authority
for the establishment, operation or use of any telecommunications
network or service or radio-communication equipment as long as

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Termination,
suspension,
amendment or
renewal of
licence.
[17 of 2004].

the service or equipment is operated or used under a valid authority or
licence issued elsewhere than in Trinidad and Tobago in accordance
with international agreements relating to telecommunications or
radio-communication in respect of ships or aircraft.

39. (1) Subject to this section, the Authority or the Minister,
on the recommendation of the Authority, in respect of frequencies
assigned for the operation of services to which Part III refers,
may suspend or terminate a licence where—

(a) the licensee has failed to comply materially
with any of the provisions of this Act,
Regulations made hereunder or the terms and
conditions of the licence; or

(b) the licensee has failed to comply materially with
any lawful direction of the Authority.

(2) A licence may be amended by the Minister or
Authority, as the case may be, where force majeure, national
security considerations, changes in national legislation or the
implementation of international obligations requires amendment
to the licence.

(3) Where a licence is amended pursuant to subsection (2),
on grounds of national security, the rights of the concessionaire
to compensation shall not be prejudiced.

(4) The Minister or Authority, as the case may be, shall,
before exercising the power of suspension or termination
conferred by this section—

(a) serve on the licensee, a written notice to the
effect that—

(i) he is considering exercising the power
and setting out the ground on which it
may be exercised; and

(ii) the licensee may within thirty days of the
date on which the notice was served, make
written representation to the Authority;

(b) take into consideration any representation made
to the Authority under paragraph (a)(ii).

40 Chap. 47:31 Telecommunications

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Operation of
equipment.

Spectrum.
[17 of 2004].

(5) The licensee shall continue to operate in accordance with
the terms of the licence until such time as the Minister or Authority, as
the case may be, makes a determination and in the event that the
period of the licence comes to an end before the determination by
the Minister or Authority, as the case may be, is made, an interim
renewal of the licence on the same terms shall be granted.

(6) Before a licence is amended, the licensee shall be
served with written notice of the proposed amendment, giving
reasons for the amendment and the date by which the amendment
shall take effect.

(7) A decision of the Minister or the Authority pursuant
to this section may be reviewed by the High Court.

(8) Upon application by a licensee for the renewal of the
first licence issued to him under this Act, the Authority or the
Minister, on the recommendation of the Authority, in respect of
frequencies assigned for the operation of services to which
Part III refers, shall renew that licence for a period equivalent to
the period for which the first licence was granted unless—

(a) the licensee failed to operate within the terms of
the licence;

(b) during the period for which the first licence was
granted the licensee engaged in any conduct
amounting to a material contravention of this
Act, or Regulations made hereunder; and

(c) the licensee failed to comply materially with
any lawful direction of the Authority.

(9) The period of renewal shall be as agreed between the
licensee and the Minister acting upon the recommendation of the
Authority or the licensee and the Authority, as the case may be.

40. Radio-communication equipment shall not be operated
in a manner likely to cause harmful interference to any other
means of telecommunication.

41. (1) The Authority shall regulate the use of the spectrum in
order to promote the economic and orderly utilisation of
frequencies for the operation of all means of telecommunications
and to recover the cost incurred in the management of the spectrum.

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Allocation of
frequency
bands.

Exercise of
functions.

(2) The Authority shall develop a spectrum plan in order
to regulate the use of the spectrum.

(3) The National Spectrum Plan shall be made available
to the public in the manner prescribed by the Authority.

(4) The National Spectrum Plan shall state how the spectrum
shall be used and the procedures for licensing frequency bands.

(5) The procedures referred to in subsection (4) may
include, but are not limited to—

(a) procedures for licensing frequency bands
by auction;

(b) procedures for licensing frequency bands by tender;
(c) procedures for licensing frequency bands at a

fixed price; or
(d) procedures for licensing frequency bands based

on stated criteria.

42. (1) Subject to subsection (2), the Authority may, in
accordance with the spectrum plan allocate and re-allocate
frequency bands.

(2) In the allocation or assignment and re-allocation or
reassignment of frequency bands by the Authority priority
shall be given to the needs of the State in respect of matters of
national security.

43. The Authority, in exercising the functions under sections
36 to 42, shall take into account—

(a) the objects of the Act;
(b) the impact of the spectrum plan on existing and

future use;
(c) the efficient use of the spectrum;
(d) the Convention;
(e) any applicable international standards,

conventions and other agreements; and
(f) any other relevant matters having regard to the

circumstances of the case.

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Numbering
plan.
[17 of 2004].

Standards.

Inspectors.

Power to
request
information.

44. (1) The Authority shall develop a plan for the
numbering of telecommunications services and shall administer
and manage such numbers.

(2) Subject to subsection (5), numbers shall be made
available to providers of telecommunications services on an
equitable basis.

(3) The numbering plan may establish procedures by
which providers of telecommunications services may assign or
reassign telephone numbers to users.

(4) The numbering plan shall be made available to the
public in the manner prescribed by the Authority.

(5) In developing the numbering plan referred to in
subsection (1), the Authority shall preserve to the extent feasible, the
assignment of numbers made before the commencement of this Act.

(6) The Authority shall notify all service providers of
any new numbering assignments made.

PART V

TECHNICAL STANDARDS

45. (1) Subject to the other provisions of this Act,
concessionaires and licensees may implement such technical
standards as they deem appropriate and which are in conformity
with accepted international standards.

(2) Notwithstanding subsection (1), the Authority may
identify, adopt or establish preferred technical standards.

PART VI

TESTING AND INSPECTION

46. The Authority may, for the purpose of this Act, appoint
suitably qualified and experienced officers to be telecommunications
inspectors, (hereinafter referred to as “inspectors”).

47. (1) To ensure compliance with the conditions of a
concession or licence, or for any other purpose authorised

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Pre-installation
testing.

Standards for
testing.

Entry and
search.
[17 of 2004].

pursuant to this Act, an inspector may require a concessionaire or
licensee to supply information, including specific answers to
questions submitted to such concessionaire or licensee,
concerning any telecommunications network or telecommunications
or radio-communication service for which the concession was
granted or the licence issued, the operation of any equipment or
any works carried out in relation to such network or service.

(2) In the exercise of his powers under this Part, an
inspector shall at all times act reasonably.

48. (1) The Authority shall, for the purpose of certifying or
approving terminal equipment and other equipment to be
installed or used for a public telecommunications network or
telecommunications service or broadcasting service determine
whether such equipment fulfils the criteria stipulated in section 32
and such other requirements as the Authority may prescribe.

(2) For the purpose of a determination made pursuant to
subsection (1), the Authority may require that such equipment be
submitted for testing by an inspector.

(3) The requirement for testing may be waived by the
Authority, after consultation with the concessionaire or licensee,
if the Authority is satisfied that the equipment has been certified
in accordance with international standards.

49. The tests stipulated under sections 48 and 50 shall be
carried out in compliance with international standards and other
standards prescribed by the Authority.

50. An inspector may, at all reasonable times, enter any place,
vehicle, ship, aircraft, vessel or other contrivance from which any
telecommunications network is operated or telecommunications
service is provided, or in which any telecommunications
equipment, excluding broadcast receivers, is located, and—

(a) test any equipment, traffic or article found therein
which is used or intended to be used for the purpose
of operating a telecommunications network or
of providing a telecommunications service;

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Magistrate may
issue warrant.

Financial
powers of the
Authority.

(b) examine records or other documents relating to
the operation of the telecommunications network
or the provision of the telecommunications service;

(c) search, where necessary with the assistance of
any other person authorised for the purpose by
the Authority, for any equipment, articles,
books, records or documents that may afford
evidence of contravention of this Act or of any
Regulation made hereunder, or of any breach of
any condition of any concession or licence;

(d) require the owner or person in charge of the
place, vehicle, ship, aircraft, vessel or other
contrivance to give him all reasonable
assistance in the examination or search; and

(e) seize and take away any equipment, articles,
books, records or documents if it appears that
there has been a contravention of this Act or of
any regulation made hereunder, or of any breach
of any condition of any concession or licence,
and such items so seized shall be lodged with
the Authority.

51. (1) Notwithstanding section 50, an inspector shall not
exercise the powers vested in him under that section except upon
warrant of a Magistrate issued to him for the purpose and, in the
execution of the warrant, the inspector shall be accompanied by
a police officer.

(2) A warrant issued under this section remains in force
until the purpose for which the warrant is required has been
satisfied or for one month, whichever is sooner.

PART VII

FINANCIAL PROVISIONS

52. (1) The Authority shall, in accordance with the policy
framework established by the Minister—

(a) charge fees for any concession or licence; and
(b) charge fees for any service that it provides.

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Funds of the
Authority.

(2) Except as provided under section 41, fees charged by
the Authority under subsection (1) shall be commensurate with
the cost of—

(a) providing a service under subsection (1)(a);
(b) operating the Authority; and
(c) administering concessions or licences,

and shall be charged to concessionaires, licensees or other
persons where applicable, on a just and reasonable basis.

53. (1) The funds of the Authority shall consist of—
(a) such amounts as may be appropriated by

Parliament for the purposes specified in
subsection (2);

(b) special grants of funds as may from time to time be
provided for the financing of any special project;

(c) fees collected in respect of concessions granted
or licences issued under this Act;

(d) sums collected in respect of universal service
obligations;

(e) all sums from time to time received by or falling
due to the Authority as fees or payments for
services rendered;

(f) all other sums that may in any manner become
lawfully payable to the Authority in respect of
any matters incidental to its functions.

(2) The funds of the Authority, in any financial year shall,
with the exception of those sums referred to in subsection (1)(d),
be applied in defraying the following expenditure:

(a) the remuneration, fees and allowances of the
Chairman and other members of the Board;

(b) the salaries, fees, allowances, advances, loans,
gratuities, pensions and other payments to the
Executive Director, Secretary and other
members of staff of the Authority;

(c) research and development projects, training and
certification and other related matters; and

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Exemption from
tax and
provisions of
Central Tenders
Board Act.

(d) any other expenditure authorised by the
Authority in the discharge of its duties,
functions and contractual obligations.

(3) Funds arising in respect of paragraph (1)(d) shall
only be applied to facilitate the provision of universal service in
accordance with the provisions of section 28.

(4) A percentage of the funds collected in respect of
concessions and licences may be transferred to the account
opened in accordance with subsection (6), at the discretion of
the Authority.

(5) Subject to subsection (6), such amounts appropriated
by Parliament and the other sums referred to in subsection (1)
shall be paid into a bank account opened with the approval of the
Minister of Finance.

(6) The Authority shall keep and maintain a separate
account opened with the approval of the Minister of Finance for
the purpose of depositing funds collected in respect of the
funding of the services referred to in section 28 and such funds
shall not be used for any other purpose.

(7) At the end of each financial year, any surplus of
funds remaining in the account opened in accordance with
subsection (5), after defraying the expenditure referred to in
subsection (2), shall be paid into the Consolidated Fund.

54. (1) The Authority is exempt from stamp duty,
corporation tax, customs duty, motor vehicle tax and all other
taxes, fees, charges, provisions of assessments, levies and imposts
on its income or on assets which it acquires for its own use.

(2) Where—
(a) goods are imported by the Authority for and on

behalf of the Authority;
(b) the commercial sale of goods or services is in

the opinion of the Board of Inland Revenue
required for the purposes of the Authority,

the goods and services shall be exempt from Value Added Tax.

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Ch. 71:91.

Estimates of
expenditure.

Preparation of
annual reports
and accounts by
Authority.

(3) The Authority shall, in the performance of its
functions, be subject to the provisions of the Central Tenders
Board Act until such time as the Authority develops its own
tendering rules, approved by the Minister and subject to negative
resolution of Parliament.

(4) Rules made pursuant to subsection (3) shall govern
the award of tenders and related matters.

(5) Every tender shall be opened in public and shall
indicate the parties to and the content of each tender.

55. (1) For the purpose of this Part, “GAAP” means
Generally Accepted Accounting Practice which includes the
International Accounting Standards adopted by the Institute of
Chartered Accountants of Trinidad and Tobago.

(2) The Authority shall prepare a budget in accordance
with GAAP or such other form as the Minister, with
responsibility for Finance, may direct for each financial year and
the Authority shall submit estimates so prepared to the Treasury
not later than the deadline date stipulated by the Minister of
Finance, having first obtained approval of the estimates of
expenditure from the Minister.

(3) The Authority shall, at such time as the Minister
directs, furnish him with any further information in relation to the
estimates as he may require.

(4) The estimates of expenditure as approved by the
Minister shall be the expenditure budget of the Authority for the
financial year to which it relates.

56. (1) The Authority shall keep proper books of accounts
and records of all sums received and expended by the Authority
and shall record the matters in respect of which such sums were
received and expended.

(2) Within three months after the end of each financial year
the Authority shall cause to be prepared, in respect of that year—

(a) a report setting out the activities of the
Authority; and

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Audit of
accounts.
Ch. 1:01.

Ch. 69:01.

Financial year.

Authority may
make rules.

(b) financial statements prepared in accordance
with GAAP,

and a copy of such report and financial statements shall be
forwarded to the Minister and shall be laid in Parliament as soon
as possible thereafter.

(3) Where the standards included in GAAP are
inappropriate or inadequate for any type of accounting method
the Comptroller of Accounts may provide such instructions as
may be necessary.

57. (1) The accounts of the Authority are public accounts of
Trinidad and Tobago for the purpose of section 116 of the Constitution.

(2) On completion of an audit of the Authority, the
Auditor General or an auditor authorised by him to undertake the
audit, as the case may be, shall immediately draw to the attention
of the Minister and the Board any irregularity disclosed by the
audit which in the opinion of the Auditor General or the auditor
is of sufficient importance to justify so doing.

(3) For the purpose of an audit conducted pursuant to
this Act the Exchequer and Audit Act shall apply as if an audit
referred to in this Part is one to which that Act applies.

(4) As soon as the accounts of the Authority have been
audited, the Auditor General shall submit his report in accordance
with section 116 of the Constitution and shall simultaneously
forward a copy of the said report to the Minister.

(5) Nothing in this section precludes the Auditor General
or an auditor engaged by the Board from performing a management
or comprehensive audit of the activities of the Authority.

58. The financial year of the Authority shall be 1st October
to 30th September in every year or such other period as the
Authority may prescribe, but the period from the date of
commencement of this Act to the end of September next
following shall be deemed to be the first financial year.

59. The Authority may, by resolution subject to the prior
approval, in writing, of the Minister with responsibility for

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Employment
of staff.

Secondment.

Transfer of
officers to the
Authority.

Pension fund
plan.

finance, make rules for the proper control of the system of
accounting and the finances of the Authority.

PART VIII

STAFF AND RELATED MATTERS

60. (1) The Authority may employ on such terms and
conditions as it thinks fit such persons as it considers necessary
for the due and efficient performance of its functions and exercise
of its powers under this Act on such terms and conditions as are
agreed between the Authority and the person and subject to such
maximum limit of remuneration as the Board, in consultation
with the Minister, determines.

(2) Section 15 applies mutatis mutandis to persons
employed under this Part.

61. (1) Subject to subsection (2) and to the approval of the
Authority, the appropriate Service Commission and with the
consent of the officer, any officer in the public service or a
statutory authority may be seconded to the service of the Authority.

(2) Where a secondment referred to in subsection (1) is
effected, arrangements shall be made to preserve the rights of the
officer so transferred to any pension, gratuity or other allowance
for which he would have been eligible had he not been seconded
to or from the service of the Authority.

(3) A period of secondment shall not, in any case,
exceed three years.

62. Subject to the approval of the Authority, the appropriate
Service Commission and with the consent of the officer, an
officer in the Public Service or a statutory authority may be
transferred to the service of the Authority on terms and
conditions no less favourable than those enjoyed by the officer in
the Public Service or statutory authority, as the case may be.

63. (1) The Authority shall establish a pension fund plan, or
where the establishment of a plan is not feasible, join an existing plan.

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(2) All employees of the Authority shall be eligible to
become members of the pension fund plan.

(3) Superannuation benefits which had accrued to a
person who transferred in accordance with section 62 shall be
preserved as at the date of his employment by the Authority and
such benefits shall continue to accrue under the relevant pension
law up to the date of establishing or joining a pension fund plan
on the basis of pay, pensionable emoluments or salary, as the case
may be, applicable, at the time of his transfer, to the office held
by him immediately prior to his employment by the Authority.

(4) Where a person, who is transferred in accordance with
section 62, dies, retires or his post in the Authority is abolished or
he is retrenched by the Authority prior to establishing or joining the
pension fund plan and, if at the date that his service is terminated by
any of the above-mentioned methods he was in receipt of a salary
higher than the pay, pensionable emoluments or salary referred to in
subsection (3), the superannuation benefits payable to his estate or
to him, as the case may be, shall be based on the higher salary.

(5) The difference between the superannuation benefits
payable on the basis of the higher salary referred to in subsection (4)
and the superannuation benefits payable under the relevant
pension law, on the basis of the pay, pensionable emoluments or
salary, referred to in subsection (3), shall be paid by the Authority.

(6) Where a person, who is transferred in accordance with
section 62, dies, retires or his post in the Authority is abolished or
he is retrenched from the Authority while being a member of the
pension fund plan established by the Authority, he shall be paid
superannuation benefits by the pension fund plan at the amount
which, when combined with superannuation benefits payable
under the relevant pension law, is equivalent to the benefits based
on his pensionable service in the Public Service or a statutory
authority combined with his service in the Authority and calculated
at the final salary applicable to him on the date that his service was
terminated by any of the above-mentioned methods.

(7) For the purposes of subsection (6), “final salary”
shall have the meaning assigned to it by the pension fund plan.

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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Employment of
persons for
specific tasks.

Offences.
[17 of 2004].

(8) Where a person who is transferred in accordance
with section 62, dies, retires or his post in the Authority is
abolished or he is retrenched from the Authority while being a
member of a pension fund plan that the Authority joined,
superannuation benefits payable under that plan shall be no less
favourable than those payable in accordance with subsection (6).

64. The Authority may employ persons to perform specific
tasks that the Authority considers necessary for the due performance
of its functions and exercise of its powers under this Act, on such
terms and conditions as are agreed between the Authority and the
person and subject to such maximum limit of remuneration as the
Board, in consultation with the Minister, determines.

PART IX

OFFENCES

65. A person who—
(a) fails to comply with or acts in contravention of

section 21(1), 33, 36(1), or 73;
(b) commits a material breach of any condition

contained in a concession or licence issued
under this Act;

(c) operates a station or uses any equipment in such
a manner as to cause harmful interference to any
telecommunications network or telecommunications
or radio-communication service;

(d) obstructs or interferes with the sending,
transmission, delivery or reception of any
communication;

(e) manufactures or sells any system, equipment, card,
plate or other device whatsoever, or produces,
sells, offers for sale or otherwise provides any
account number, mobile identification number
or personal identification number, for the purpose
of fraudulent use of or access to any
telecommunications service;

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Obstructing an
inspector.

False signals.

False
communications
.

Damage to
equipment.

(f) aids or abets any telecommunications network
or telecommunications, broadcasting or radio-
communication service to operate contrary to its
concession or licence, as the case may be;

(g) fails to contribute to the funding of the services
referred to in section 28 in accordance with the
directions of the Authority,

commits an offence and is liable on summary conviction to a fine
of two hundred and fifty thousand dollars and to imprisonment
for five years, and, in the case of a continuing offence, to a further
fine of ten thousand dollars for each day that the offence
continues after conviction.

66. A person who wilfully obstructs, hinders, molests or
assaults an inspector duly engaged in the performance of any
duty or the exercise of any power conferred on him under this Act
commits an offence and is liable on summary conviction to a fine
of fifty thousand dollars and to imprisonment for one year.

67. A person who knowingly transmits or circulates false or
deceptive distress, safety or identification signals commits an
offence and is liable on summary conviction to a fine of fifty
thousand dollars and to imprisonment for two years.

68. (1) A person who by means of any telecommunications
or radio-communication service sends any communication that to
his knowledge is false or misleading and likely to prejudice the
efficiency of any life-safety service or endanger the safety of any
person, ship, aircraft, vessel or vehicle commits an offence and is
liable on summary conviction to a fine of one hundred thousand
dollars and to imprisonment for three years.

(2) For the purposes of subsection (1), a person is taken
to know that a communication is false or misleading if he did not
take reasonable steps to ensure that it was not false or misleading.

69. (1) A person who maliciously damages, removes or
destroys any facility, works or other installation of a public

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Recovery of
civil debt.

General penalty.

Amendment of
penalties.

Directions for
Minister.
[17 of 2004].

telecommunications network or a public telecommunications
service or of any telecommunications service operated by the
Police Service, the Fire Service, the Prison Service or the
Trinidad and Tobago Defence Force commits an offence and is
liable on summary conviction to a fine of two hundred and fifty
thousand dollars and to imprisonment for five years.

(2) A person who negligently damages, removes or
destroys any facility, works or other installation described in
subsection (1) commits an offence and is liable on summary
conviction to a fine of fifty thousand dollars.

70. A person convicted under section 69 is liable for all
expenses reasonably incurred in the repairing, restoration or
replacement of any facility, works or other installation damaged,
removed or destroyed by him and the expenses are recoverable
summarily as a civil debt.

71. A person who contravenes or fails to comply with any of the
provisions of this Act or any Regulations made hereunder commits
an offence and except where the provision by or under which the
offence is created provides the penalty to be imposed, is liable on
summary conviction to a fine of twenty-five thousand dollars, and in
the case of a continuing offence to a further fine of one thousand
dollars for each day that the offence continues after conviction.

72. The Minister may, by Order, subject to negative
resolution of Parliament amend the penalties set out in this Act
and Regulations made pursuant thereto.

PART X

GENERAL

73. (1) Where the Executive Director has reasonable
grounds for believing that any person is operating a
telecommunications network or providing a telecommunications
or radio-communication service—

(a) that is dangerous to the security of the State;

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Minister’s
certification.

(b) that disrupts a telecommunications network or a
telecommunications or radio-communication
service on land or on board any ship, aircraft,
vessel or other floating or airborne contrivance;

(c) that causes harmful interference to any
telecommunications network or telecommuni-
cations or radio-communication service established
in respect of natural disasters and emergencies; or

(d) without first having obtained a concession or
licence pursuant to the requirements of this Act,

the Executive Director shall immediately notify the Minister of
National Security, the Minister and the Board, in writing.

(2) Upon such notification by the Executive Director, in
accordance with subsection (1), the Minister may direct that
person, in writing, to cease operating such telecommunications
network or providing such telecommunications or radio-
communication service.

(3) Where a person fails to comply immediately with a
direction given by the Minister under subsection (2), the Minister
may direct the Authority to suspend the concession or licence, if
any, granted to that person.

(4) A person aggrieved by a direction of the Minister
given under subsection (2) may apply to the High Court for
judicial review.

74. Where, on an application for review of a decision made
by the Minister under section 73(1)(a), (b) or (c), the Minister
certifies that in his opinion it is contrary to public order, public
safety or national security to disclose the grounds for believing
that the appellant is operating a telecommunications network
or providing a telecommunications or radio-communication
service in the manner described in section 73(1)(a), (b) or (c),
then, unless the High Court thinks fit to order otherwise, the
Minister is presumed to have had reasonable grounds for
so believing.

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Monitoring
stations.

Harmful
interference.

Obligations
under
international
agreements.

75. (1) The Authority may operate frequency monitoring
stations for—

(a) ascertaining whether radio-communication
services and broadcasting services are operated
in accordance with this Act;

(b) planning, supervising and regulating the use of
the frequency spectrum; and

(c) carrying out any technical function necessary for
fulfilling the requirements of the Radio Regulations
of the International Telecommunication Union for
the time being in force.

(2) The Minister may, by Order, exempt a frequency
monitoring station operated by the Authority from any of the
provisions of this Act.

76. (1) Where the Executive Director is of the opinion that the
use of any facility or terminal equipment is likely to cause or has
caused or is causing harmful interference, whether or not all
reasonable steps to minimise interference have been taken, he may—

(a) serve notice on the person, in possession of the
facility or terminal equipment, requiring the
person to cease such use within seven days from
the date of service of the notice; or

(b) impose limits as to when the facility or terminal
equipment may be used.

(2) A person aggrieved by a notice of the Executive
Director under subsection (1) may make representation to the
Board who, having regard to the representation made, may vary
the decision made under subsection (1).

(3) A person aggrieved by the decision of the Board
made pursuant to subsection (2) may apply to the High Court for
judicial review.

77. The obligations of a concessionaire operating a
telecommunications network or providing a telecommunication
service, or a licensee providing a radio-communication service,
shall not be abrogated by reason of any international agreement
to which Trinidad and Tobago is a party.

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Regulations.
[17 of 2004].

Authority to
promulgate
Broadcasting
Code.

78. (1) The Minister, on the recommendation of the
Authority, shall make such Regulations, subject to negative
resolution of Parliament, as may be required for the purposes of
this Act, including regulations prescribing—

(a) application procedures in relation to
concessions and licences;

(b) fees payable to the Authority for or in relation to
applications, concessions, licences or the
provision of services provided by the Authority
to any person;

(c) procedures for the management of the spectrum;
(d) approvals and certification of terminal equipment;
(e) price regulation;
(f) interconnection;
(g) universal service;
(h) numbering;
(i) quality of service standards;
(j) procedures for investigating and resolving

complaints by users with regard to public
telecommunications services; and

(k) procedures for investigating alleged breaches of
any term or condition of a concession or licence
or alleged violations of any provision of this Act
or Regulations made pursuant thereto.

(2) Regulations made pursuant to this Act may prescribe
penalties, not exceeding fifty thousand dollars for offences
committed thereunder.

(3) Regulations made pursuant to this Act shall apply
equally to all similarly situated persons.

79. (1) Subject to this Act, the Authority shall, within a year
of its establishment, by Order subject to affirmative resolution of
Parliament, promulgate a Broadcasting Code to regulate the
practices of concessionaires of broadcasting services.

(2) In the course of developing a Broadcasting Code, the
provisions of section 78(3) shall apply mutatis mutandis.

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Confidentiality.

Forbearance.

Dispute
resolution.

(3) The Authority may, by Order, amend the Broadcasting
Code, subject to affirmative resolution of Parliament.

80. (1) The Board, employees of the Authority and every
person concerned with the administration of this Act shall treat
documents, information or other matters related to the administration
of this Act as secret and confidential except that disclosures—

(a) made by the Authority, or any other person,
pursuant to the provisions of this Act or any
Regulations made hereunder; or

(b) which the Authority considers necessary in the
discharge of its functions,

shall not be deemed inconsistent with any duty imposed under
this section.

(2) Subject to subsection (1), any person has the right
to request that any proprietary or confidential documents,
information or matters provided or submitted to the Authority be
maintained secret and confidential.

81. The Authority shall refrain, in whole or in part and
conditionally or unconditionally, from the exercise of any
power or the performance of any duty in relation to a
telecommunications network, telecommunications service,
broadcasting service, radio-communication service or a class of
service provided by a concessionaire or licensee, where the
Authority finds that to refrain would be consistent with the
agreed telecommunications policy objectives.

82. (1) The Authority shall establish a dispute resolution
process to be utilised in the event of a complaint or dispute
arising between parties in respect of any matter to which
section 18(1)(m) or 25(2)(h) applies, or where a negotiated
settlement, as required under section 26, cannot be achieved, or
in respect of any other matter that the Authority considers
appropriate for dispute resolution.

(2) The Authority shall not be a party to any dispute
resolution process.

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Reconsideration
and appeal.

Tele-
communications
during an
emergency.

(3) Such dispute resolution process shall be funded by
the parties to the dispute and shall be conducted in an open, non-
discriminatory and unbiased fashion, within thirty days after the
filing of the dispute.

(4) The Authority may establish penalties for referral of
frivolous disputes to the dispute resolution process.

83. A person aggrieved by a decision of the Minister or
Authority may request that such decision be reconsidered based
upon information not previously considered, and the Minister or
the Authority, as the case may be, shall consider the new
information submitted and decide accordingly.

84. (1) Where a state of emergency has been declared, the
President may, on the advice of the Minister of National Security—

(a) authorise the taking of possession and control
by the Government of any telecommunications
equipment, installation, service, apparatus or
station to be used—

(i) for Government service;
(ii) for such ordinary service as the Minister

of National Security may determine; or
(b) direct or authorise the control of the

transmission and reception of messages in any
manner as he may direct.

(2) The Government shall, excluding loss of profit,
compensate reasonably the owner or controller of any
installation, service, apparatus or station, the possession or
control of which was assumed under subsection (1).

(3) Where an agreement cannot be reached between the
parties concerned with respect to the amount of the compensation
paid, the matter shall be referred to an arbitrator agreed to by both
parties whose decision shall be binding on all the parties.

(4) Each service provider may, during a period of
emergency in which normal telecommunication installations are

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Repeal and
transitional
provisions.
[17 of 2004].
Ch. 36. No. 2.

disrupted as a result of a hurricane, flood, earthquake or any other
disaster, use his service, apparatus or station for emergency
communications and in a manner other than that specified in the
concession or in the regulations governing the relevant service,
apparatus or station.

(5) Emergency use permitted under this section shall be
discontinued when normal telecommunication facilities are again
available or when such special use of the installation, service,
apparatus or station is terminated by the President.

85. (1) Subject to this section, the Wireless Telegraphy
Ordinance is repealed.

(2) Regulations made under the Wireless Telegraphy
Ordinance shall remain in force until replaced by corresponding
Regulations made pursuant to this Act.

(3) Licences issued under the Wireless Telegraphy
Ordinance and in force at the commencement of this Act remain
in force for one year but no more than two years thereafter as the
Minister may determine, upon the advice and recommendation of
the Authority.

(4) During the period referred to in subsection (3), any
person licensed under the Wireless Telegraphy Ordinance to
provide a telecommunications service or radio-communication
service shall apply to the Authority for a concession or a licence
to provide such service under this Act, as the case may be.

(4A) Persons other than those to whom subsection (4)
relates and who commenced operations of a public
telecommunications service prior to the coming into force of the
Act may remain in operation thereafter pending an application to
the Authority for a concession pursuant to section 21.

(4B) An application shall be made within six months of
the coming into effect of the Act and shall be considered in
accordance with section 21.

(5) The Minister shall approve any application
submitted pursuant to subsection (4) in accordance with this Act
and any concession granted or licence issued shall be subject to
the provisions of this Act.

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(6) Any concession granted or licence issued in accordance
with subsection (5) shall expire on the date that the licence issued
under the Wireless Telegraphy Ordinance would have expired.

(7) The holder of a licence issued under the Wireless
Telegraphy Ordinance shall enjoy no new benefit or right
conferred by this Act unless such benefit or right was conferred
under the Wireless Telegraphy Ordinance.

(8) The Cable and Wireless (West Indies) Limited
Ordinance is repealed.

(9) The Trinidad and Tobago Telephone Act is repealed,
with all rights and obligations thereunder remaining in force for
one year or such longer period as the Minister may determine
upon the advice and recommendation of the Authority, or until
the Company (as defined in such Act), having applied for a
concession pursuant to Part III of this Act, is granted a concession
hereunder, whichever is earlier.

Ch. 36. No. 3.

Ch. 47:30.

(Section 20).SCHEDULE

ASSETS VESTED IN THE AUTHORITY

All the—

(a) Vehicles;

(b) Furniture;

(c) Equipment, including office equipment, testing equipment
and computers and their peripheral equipment and manuals;

(d) Mobile monitoring and direction-finding facilities including
maintenance equipment and spare parts; and

(e) Miscellaneous items operated or used by the
Telecommunications Division.

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62 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

SUBSIDIARY LEGISLATION

TELECOMMUNICATIONS TENDERS RULES

ARRANGEMENT OF RULES
RULE

1. Citation.

2. Interpretation.

3. Establishment of Committees.

4. Composition of Committees.

5. Functions of Committees.

6. Power of Excecutive Director to award contracts.

7. Duties of Secretary.

8. Meetings of Committees.

9. Quorum.

10. Decisions of Committees.

11. Disclosure of interest.

12. Tendering process.

13. Invitation to tender.

14. Submission of tenders.

15. Rejection of tenders.

16. Tenders Box.

17. Withdrawal of tender.

18. Opening of tenders box.

19. Consideration of tenders.

20. Deviations, errors and omissions in tender.

21. Acceptance of tender.

22. Form of contract.

23. Tender performance deposit.

24. Disposal of surplus.

25. Confidentiality of documents.

26. Maintenance of records, etc.

27. Central Tenders procedures.

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[Subsidiary]

TELECOMMUNICATIONS TENDERS RULES

made under section 54(3)

1. These Rules may be cited as the Telecommunications
Tenders Rules, hereinafter referred to as “the Rules”.

2. (1) In these Rules—
“Act” means the Telecommunications Act;
“articles” means all goods, materials, stores, vehicles,

machinery, equipment and things of all kinds;
“Authority” means the Telecommunications Authority of

Trinidad and Tobago established under section 4 of the Act;
“Board” means the Board of the Authority established under

section 6 of the Act;
“Board Tenders Committee” means the Committee established

by the Board pursuant to subrule 3(2);
“committees” means the Board Tenders Committee and the

Operations Tenders Committee, and “committee” means
either of them;

“competitive bidding process” means the tendering process
described under subrule 12;

“competitive selection” means the process of selection of the
most competitive tender based on the evaluation criteria
prescribed by the Authority and stated in the relevant
Invitation to Tender;

“Invitation to Tender” means any invitation issued by the
Authority to members of the public to supply articles,
undertake works or services, apply for the right to use a
telecommunications resource, or apply for a right to be
given by the Authority or the Minister under the Act,
whether such invitation is referred to as an Invitation to
Tender, Request for Proposal or otherwise;

“Operations Tenders Committee” means the Committee
established by the Board pursuant to subrule 3(1);

“public tendering process” means a tendering process open to the
public, as described in subrule 11(5);

74/2005.

Citation.

Interpretation.

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“relative” means spouse, cohabitant within the meaning of the
Cohabitational Relationships Act, father, mother, brother,
sister, son or daughter of a person;

“selective tendering process” mean a tendering process involving
only persons or entities selected by the Authority in
accordance with subrule 11(3);

“services” means consultancy services of all kinds;

“State” means the Republic of Trinidad and Tobago;

“telecommunications resource” means a national resource used
to provide a telecommunications network or
telecommunications service;

“works” means construction and maintenance of buildings,
equipment and engineering works and works of all kinds.

(2) Unless otherwise defined herein, terms used in these
Rules shall have the meanings given in the Act.

(3) References to a “Rule” are references to the relevant
rule in these Rules.

3. (1) There is hereby established an Operations Tenders
Committee for the purpose of—

(a) inviting, considering, accepting or rejecting
offers for the supply of such articles, works or
services, as are necessary for carrying out the
functions of the Authority; and

(b) disposing of any surplus articles belonging to
the Authority with the approval of the Board,

where the total value of such articles, works or services is more
than one hundred thousand dollars, but less than five hundred
thousand dollars.

(2) There is hereby established a Board Tenders
Committee for the purpose of—

(a) inviting, considering, accepting or rejecting
offers for the supply of such articles, works or
services, as are necessary for carrying out the

Ch. 45:55.

Establishment
of Committees.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Telecommunications Tenders Rules [Subsidiary]

functions of the Authority, where the total value
of such articles, works or services is more than
five hundred thousand dollars;

(b) when instructed by the Board, inviting and
evaluating on behalf of the Board, tenders
submitted in respect of a competitive bidding
process for—

(i) the grant of the right to use a
telecommunications resource; or

(ii) the grant of the right to provide a public
telecommunications network or
telecommunications service or a
broadcasting service; and

(c) disposing of any surplus articles belonging to
the Authority where the total value of such
articles, works or services is more than five
hundred thousand dollars.

4. (1) The Operations Tenders Committee shall be
appointed by the Board and shall comprise—

(a) the Executive Director;
(b) the Corporate Secretary who shall be an

ex officio member and Secretary of the
Committee; and

(c) three officers of the Authority (at least one of
whom shall be a senior finance/accounting
officer), one of whom the Board shall appoint
as Chairman.

(2) The tenure of a member of the Operations Tenders
Committee appointed under paragraph (1)(c), shall be for such
period as the Board considers appropriate.

(3) The Board Tenders Committee shall comprise—
(a) any three members of the Board determined by

resolution of the Board from time to time;

Composition of
Committees.

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[Subsidiary] Telecommunications Tenders Rules

(b) two persons such as the Board considers
appropriate, having regard to the subject matter
being considered and the expertise of such
persons; and

(c) the Corporate Secretary, who shall be an ex officio
member and Secretary to the Committee.

(4) In exercise of the authority vested in them under
these Rules, the Committee may from time to time consult with
such officers of the Authority or the required other persons
having regard to the award of a contract or tender.

(5) A member of the Board Tenders Committee
appointed under Rule 4(3)(b) shall be appointed by the Board
only for the duration of any evaluation under Rule 3(2)(b).

(6) The Board shall be entitled by resolution to remove
any member of any Committee at any time, save that—

(a) a member of a Committee shall only be
removed while that Committee is engaged in a
tendering process if that member is guilty of
misconduct, dishonesty or corrupt practices in
relation to that process or has otherwise acted to
prejudice the fairness of that process; and

(b) if the removal of a member of a Committee
makes inadequate the composition of that
Committee as required by subrule 4(1), that
member shall be replaced by a suitably qualified
person forthwith.

(7) Subject to the provisions of subrule 4(4), the Board
shall forthwith remove any member of any Committee who for
any reason is no longer eligible to sit on that Committee under
the conditions set out in subrule 4(1).

5. (1) The Board Tenders Committee shall—
(a) in respect of tenders for the supply of goods or

services or the undertaking of works of all kinds
necessary for the carrying out of the functions

Function of
Committees.

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Telecommunications Tenders Rules [Subsidiary]

of the Authority, where the total value of such
articles, works or services is more than five
hundred thousand dollars—

(i) act for the Aurthority in inviting and
considering tenders;

(ii) make recommendations to the Board or
make decisions on behalf of the Authority
on the acceptance or rejection of
tenders; and

(iii) award contracts in respect of accepted
tenders;

(b) invite, and using a competitive bidding process,
evaluate tenders for the right to—

(i) use a telecommunications resource;
(ii) provide a public telecommunications

network or telecommunications service; or
(iii) provide a broadcasting service,

and make recommendations to the Board on the acceptance or
rejection of such tenders.

(2) The Operations Tenders Committee shall—
(a) in respect of tenders for the supply of articles or

services or the undertaking of works of all kinds
necessary for the carrying out of the functions
of the Authority, where the total value of such
articles, services or works is more than one
hundred thousand dollars, but less than five
hundred thousand dollars—

(i) act for the Authority in inviting and
considering tenders;

(ii) make recommendations to, or make
decisions on behalf of the Authority on
the acceptance or rejection of tenders;

(iii) award contracts in respect of accepted
tenders; and

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(b) subject to the provisions of rule 24, dispose of
surplus articles of the Authority.

6. (1) The Executive Director shall—
(a) have power to award contracts up to the value of

one hundred thousand dollars and in respect of
the award of contracts may delegate such
authority to officers of the Authority, setting
such limits as he deems appropriate; and

(b) submit to the Board Tenders Committee on a
quarterly basis, reports in respect of contracts
awarded under the authority granted to him.

(2) For the purpose of enabling action under this
provision, neither the Operations Tenders Committee nor the
Executive Director (or any officer so authorised by the Executive
Director) shall subdivide the quantity of articles to be supplied or
works and services to be undertaken into two or more portions so
that the value of any portion empowers them to act.

7. (1) The duties of the Secretary shall include the
organisation of agendas, the circulation of documents and the
recording of the Minutes of each meeting.

(2) In the absence of the Corporate Secretary an officer
of the Authority shall be appointed by the Executive Director to
carry out the functions of Secretary.

8. (1) Each Committee shall meet as often as it considers
necessary or expedient for the proper carrying out of its functions
as determined by its Chairman.

(2) Notice of meetings together with agendas shall be
circulated to members at least forty-eight hours before the time
fixed for such meetings.

(3) Minutes of all meetings in proper form shall be kept
by the Secretary and shall be confirmed and certified by the
Secretary at the next succeeding meeting of the relevant Committee.

Power of
Executive
Director to
award
contracts.

Duties of
Secretary.

Meetings of
Committees.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 69

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(4) Copies of certified Minutes of the meetings of all
Committees shall be forwarded to the Board for information
together with copies of such relevant documentation that the
Committee considers appropriate.

(5) The Board may from time to time request and
the relevant Committee shall provide, such additional
documentation as the Board may require regarding any matter
contained in the Minutes of any meeting of a Committee.

9. For the purpose of any vote on any matter, whether
carried out at the meeting of a Committee or on the basis of
papers circulated, a simple majority shall constitute a quorum.

10. (1) Decisions shall be taken at meetings or, in cases
where the Chairman of a Committee shall so direct, by each
member casting his or her vote in writing following the
circulation of relevant papers among the members.

(2) Papers shall not be circulated to a member who
through illness, absence from office or otherwise is incapacitated
from voting.

(3) At the next meeting of a Committee following the
circulation of papers the decision of that Committee in respect of
a matter that was circulated shall be recorded in the Minutes of
the meeting.

(4) The dissent of any member in respect of a decision
shall be properly recorded.

(5) Decisions shall be by a majority of votes and for that
purpose the Chairman shall have both an original and a casting vote.

(6) Any document purporting to record a decision of a
Committee and signed by the Secretary of the relevant Committee
or the person designated in accordance with subrule 7(2), is
admissable as prima facie proof that the decision was recorded.

11. (1) A person involved on behalf of the Authority in the
process of tendering for articles, works, services, a right to use a

Quorum.

Decisions of
Committees.

Disclosure of
interest.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

70 Chap. 47:31 Telecommunications

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telecommunications resource, a right to provide a public
telecommunications network or telecommunications service or a
broadcasting service who has—

(a) a financial or other vested interest; or
(b) a relative who is a member of, or has a financial

or other vested interest,

in a business entity which has submitted a tender for the supply
or purchase of articles, the undertaking of works or services, a
right to use a telecommunications resource, or a right to provide
a public telecommunications network or telecommunications
service or a broadcasting service, shall disclose his financial or
other vested interest or that of his relative and shall remove
himself from all aspects of the tendering process.

(2) A person who fails to comply with the provisions of
this rule, shall be subject to the disciplinary action of the
Authority, unless he can prove that he did not know that the
relevant business entity had submitted that tender.

12. (1) Whenever—
(a) articles are required to be supplied to, or works

or services are required to be undertaken on
behalf of the Authority, and the total value of
such articles, works or services exceeds one
hundred thousand dollars;

(b) a right to use a telecommunications resource is
to be granted by the Authority via a competitive
bidding process; or

(c) a right to provide a public telecommunications
network or telecommunications service or a
broadcasting service is to be recommended to
the Minister by the Authority via a competitive
bidding process,

the Executive Director shall make a written request to the
Secretary of the relevant Committee to invite tenders.

Tendering
process.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 71

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications Tenders Rules [Subsidiary]

(2) Where the selective tendering process may not be
used in the case of a matter referred to the Board Tenders
Committee under subrule (1)(b) or (1)(c), the relevant Committee
or the Executive Director, as the case may be, shall determine
whether an Invitation to Tender shall be public or selective.

(3) A selective tendering process may be utilised where—
(a) there is only one source or a limited number of

sources of supply of articles, works or services;
(b) the articles are spares or replacement parts or

from part of a system already in use by the
Authority;

(c) articles that form part of the inventory of stock
items of the Authority, the replenishment of
which is repetitive and can be obtained at the same
price or less than that previously negotiated; or

(d) the articles, works or services are—
(i) propriety or specialised goods or services;

(ii) supplied or disposed of on a repetitive
basis; and

(iii) the work to be carried out is on a site where
a contractor is already operating and the
employment of a second contractor would
hinder the progress of the project.

(4) Where a selective tendering process is to be
implemented in accordance with subrule (3), the Authority shall
identify as many suppliers of the required articles, works or
services as is reasonably practicable, and shall issue Invitations
to Tender to all such suppliers, save those who have indicated
their unwillingness to participate.

(5) Unless a selective tendering process is implemented
in accordance with subrule (3), the tendering process shall be a
public tendering process and the Invitation to Tender shall be
open to any qualified member of the public, wherever situated,
and shall be posted on the official website of the Authority and



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

72 Chap. 47:31 Telecommunications

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published in at least one daily newspaper circulating in the
Republic of Trinidad and Tobago.

(6) In relation to either a public tendering process or a
selective tendering process, the Executive Director or the
relevant Committee (whichever is responsible), shall consider
all valid tenders received, and where more than one tender is
received the process of evaluation shall be a competitive bidding
process, which may include—

(a) prequalification of tenders; and
(b) competitive selection,

or such other processes the relevant Committee or the Executive
Director may consider appropriate in each circumstance having
regard to the nature of the subject of the tender.

13. (1) The Invitation to tender shall contain—
(a) a sufficient description of the articles required,

the scope of works or services to be undertaken,
the telecommunications resource to be granted
or the right to be recommended;

(b) the criteria for evaluation of tenders as
prescribed by the Authority;

(c) the place where additional information can be
obtained;

(d) the form or manner in which the offer is to be
made; and

(e) the time and place for the closing and opening
of the tenders.

(2) Invitation to Tender shall be signed by the Chairman
or the Secretary of the relevant Committee, or in the case of
tenders for articles, works or services of a value of less than one
hundred thousand dollars, by the Executive Director.

(3) The information that is required to be posted or
published in relation to Invitations to Tender in respect of

Invitation to
tender.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 73

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L.R.O. 1/2009

Telecommunications Tenders Rules [Subsidiary]

articles to be supplied, or works or services to be undertaken,
shall include the following:

(a) a description of the articles, works or services
for which the tender is invited;

(b) a tentative indication of the period of the year
for which such articles, works or services
are required;

(c) a brief description of the Authority’s bidding
processes; and

(d) the name of the contact person and mailing
address, telephone number, fax and/or e-mail
address from whom additional information may
be obtained.

(4) Where the Invitation to Tender is in relation to
matters referred to in subrule 3(2)(b), the information that is
required to be posted or published as the case may be, shall
include the following:

(a) the right or resource for which the proposals are
being invited;

(b) the opening and closing dates for the tender;
(c) the name of the contact person and mailing

address, telephone number, fax and/or e-mail
address from whom additional information may
be obtained; and

(d) other information deemed appropriate by the
Authority.

(5) The Authority shall be entitled to extend the time for
the submission of tenders in relation to any Invitation to Tender,
by publishing in the Gazette and at least one daily newspaper
circulating in Trinidad and Tobago, a notice to that effect.

14. (1) A tender shall be submitted in the manner specified
in the Invitation to Tender and signed by the person submitting
the tender or proposal or in the case of a business entity, by a
duly authorised officer and shall be enclosed in a sealed envelope
addressed to the Secretary of the relevant Committee.

Submission of
tenders.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

74 Chap. 47:31 Telecommunications

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[Subsidiary] Telecommunications Tenders Rules

(2) The tender shall contain such certification as is
necessary to satisfy the requirements of the Income Tax and Value
Added Tax legislation and shall be submitted along with the bid
documents and where relevant, such certification as is relevant
to its incorporation as required under Companies legislation.

(3) Where a tender has been altered in any way the
alteration shall be initialled by a duly authorised officer.

(4) The Committees may require, as a condition for the
collection of tender documents, the payment of non-refundable
deposits in such sums as may be determined by the Authority.

(5) The relevant Committee may require persons
desirous of submitting tenders to deposit with the Authority such
sums as may be determined by the Authority and in respect of any
sum to be deposited in excess of one hundred thousand dollars the
approval of the Board shall first be sought and obtained in writing.

(6) Sums deposited in accordance with subrule (5) may
be forfeited where—

(a) the person making the deposit fails to submit a
tender;

(b) the person whose tender is accepted fails or
refuses to enter into a formal contract; or

(c) the person submitting a tender withdraws
the same.

15. (1) A Committee or the Executive Director, as the case
may be, shall reject any tender that does not comply with
these Rules.

(2) The Authority shall make available within seven
days of a request from a rejected bidder, reasons for the rejection
of the tender.

16. (1) Specially constructed boxes, bearing the inscription
“Tenders Box” shall be kept at the offices of the Authority and in
such other places as may be necessary in which all tenders shall
be placed.

Rejection of
tenders.

Tenders Box.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 75

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Telecommunications Tenders Rules [Subsidiary]

(2) Each box shall have two independent locks, which
shall be usually kept in the custody of the Corporate Secretary.

(3) During any tendering process the key to one of the
locks shall be kept in the custody of the Chairman of the
Committee inviting a tender or the Executive Director, as the
case may be, and returned to the Corporate Secretary on
completion of the tendering exercise.

17. (1) Prior to the opening of a tender, it may be withdrawn
by the tenderer or the duly authorised representative, sending a
letter to that effect to the Chairman of the relevant Committee, or
the Executive Director.

(2) Withdrawal of a tender is effective, if the letter is
delivered to and received by the relevant Chairman or the
Executive Director, prior to the opening of the relevant tender.

18. (1) On the date and the time fixed for the opening of the
tenders, the persons having custody of the keys shall unlock the
box and remove and open the tenders found therein, and every
person submitting a tender shall be entitled to be present either
personally or through a duly authorised representative at the
opening of the Tenders Box.

(2) The persons opening the tenders box shall initial the
offers found therein, cause a note to be taken of the number of
tenders submitted, the names of the tenderers and such further
information as the Committee directs.

(3) The announcement of received tenders shall be an
open event for a competitive bidding process.

19. (1) After tenders have been opened, they shall be
considered by the relevant Committee or the Executive Director
as the case may be.

(2) All tenders shall be considered based on the
evaluation criteria prescribed by the Authority for that process,
as specified in the relevant Invitation to Tender.

Withdrawal of
tender.

Opening of
tenders box.

Consideration
of tenders.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

76 Chap. 47:31 Telecommunications

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[Subsidiary] Telecommunications Tenders Rules

(3) The evaluation of each bid shall be recorded, signed
and dated by the members of the relevant Committee or the
Executive Director as the case may be and a written decision on the
winning bid and reasons therefore, included as part of the record.

(4) Where a competitive bidding process involves
procurement of articles, works or services or any other process in
relation to which the Authority will create a liability for itself or
the State, or make a recommendation which would, if followed,
create a liability for itself or the State the lowest evaluated bid
shall ordinarily be recommended.

(5) Where the lowest evaluated bid is not recommended,
a justification for rejecting that bid shall be included as part of
the record.

(6) Where a competitive bidding process is an auction or
any other process in relation to which the Authority will generate
revenue for itself or the State or make a recommendation which
would, if followed, generate revenue for itself or the State, the
highest evaluated bid shall, ordinarily be accepted.

(7) Where the highest evaluated bid is not
recommended, a justification for rejecting that bid shall be
included as part of the record.

(8) All tenders and associated working papers shall be
held fully confidential before and after the award, including
any price lists or other documents containing competitive
information from bidders and tenders sent for evaluation shall be
kept in a locked cabinet.

20. (1) In this Rule, the following definitions apply:
(a) “deviation” means departure from the specified

requirements;
(b) “error” means a mistake in the presentation of

arithmetic information or its expression in
words; and

(c) “omission” means the failure to include some or
all of the required information or documentation.

Deviations,
errors and
omissions in
tender.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 77

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L.R.O. 1/2009

Telecommunications Tenders Rules [Subsidiary]

(2) The Authority shall determine whether an
application or bid is substantially responsive to the requirements
set out in the Invitation to Tender based solely on the application
or the bid itself.

(3) An application or bid is substantially responsive to
the requirements set out in the Invitation to Tender if it conforms
to all of the terms, conditions and specifications of those
requirements, without non-reparable deviations, reservations,
omissions or errors.

(4) A non-reparable deviation, reservation, omission or
error is one that, if accepted by the Authority, would do the following:

(a) affect in a substantial manner the scope, quality
or performance of the articles, works or services
to be provided;

(b) limit in a substantial manner, inconsistent with
the requirements of the Invitation to Tender the
Authority’s rights or the obligations of the
applicant or bidder; or

(c) significantly affect the competitive position of
other applicants or bidders who submitted
substantially responsive applications or bids.

(5) If an application or bid is not substantially
responsive to the requirements of the Invitation to Tender, the
Authority shall reject it and it may not subsequently be made
responsive by a correction of the non-reparable deviations,
reservations, omissions or errors that originally rendered it
non-responsive.

(6) The tendering process shall allow for the possibility
of correcting deviations, reservation, omissions and errors that
are reparable, provided that the application or bid is substantially
responsive to the requirements of the Invitation to Tender and in
such cases the Authority may—

(a) waive any deviation, reservation or omission in
the application or bid that does not constitute a
material deviation;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

78 Chap. 47:31 Telecommunications

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[Subsidiary] Telecommunications Tenders Rules

(b) request that the applicant or bidder submit the
necessary information or documentation within
a reasonable period of time, to rectify such
reparable omissions, provided that such
omission is not related to any aspect of the price
of the bid; and

(c) correct arithmetical errors on the following basis:
(i) if there is a discrepancy between the unit

price and the total price obtained by
multiplying the unit price and the
corresponding quantity, the unit price shall
prevail and the total price shall be corrected,
unless in the opinion of the Authority the
decimal point in the unit price has been
obviously misplaced, in which case the total
price as quoted shall govern and the unit
price shall be corrected;

(ii) if there is an error in the total
corresponding to the addition or
subtraction of subtotals, the subtotals shall
prevail and the total shall be corrected; or

(iii) if there is a discrepancy between words
and figures, the amount in words shall
prevail, unless the amount expressed in
words is related to an arithmetical error in
which case the amount in figures shall
prevail subject to (i) and (ii) above.

(7) Where the applicant or bidder does not accept the
correction of errors, the application or bid shall be rejected.

21. (1) Where a tender has been accepted, the tenderer shall
be notified of its acceptance and, in the appropriate case, of the
requirement to enter into a formal contract with the Authority and
provide security in the manner and to the extent that may be
required under these Rules.

Acceptance of
tender.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 79

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L.R.O. 1/2009

Telecommunications Tenders Rules [Subsidiary]

(2) Prior to the finalisation of the contract, the relevant
Committee may approve a variation that increases or decreases
the total value of the contract by less than ten per cent unless
such variation is in excess of one hundred thousand dollars, in
which case the approval of the Board is required.

(3) Subrule 21(2) shall not be applicable to a
competitive bidding process in respect of a matter referred to the
Board Tenders Committee under subrule 3(2)(b).

22. (1) Every written contract shall be in such form as the
Authority shall determine and in this regard the Authority shall
consult with the Solicitor General on the form of its contracts
from time to time.

(2) Every contract shall, inter alia, specify where applicable—
(a) a description of the articles to be supplied, the

works or services to be undertaken, the use of a
telecommunications resource, the right to
provide a public telecommunications network
or telecommunications service, or a
broadcasting service, as the case may be;

(b) the price to be paid for the supply of such articles,
the undertaking of such works or services, the
use of a telecommunications resource or the
right to provide a public telecommunications
network or telecommunications service, or a
broadcasting service;

(c) the duration of the contract;
(d) the amount of damages payable by the

contractor for delay or non-completion within
the period stipulated;

(e) termination for breach of conditions;
(f) the voiding of the contract where the tenderer is

found to have made any gift or given any
reward to a member of the relevant Committee

Form of
contract.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

80 Chap. 47:31 Telecommunications

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[Subsidiary] Telecommunications Tenders Rules

or a member of the Authority for the purpose of
being considered favourably for the contract;

(g) terms and conditions as determined by the Authority;
(h) technical specifications relevant to the contract,

as determined by the Authority; and
(i) signature of an agreement between the

successful tenderer and the Authority or
Minister, as the case may be.

23. (1) Where a performance deposit or bond is a condition
of the contract and such contract is completed in accordance with
the terms and conditions of the contract, the performance deposit
shall be refunded or the performance bond released.

(2) Where the contractor fails to complete the contract
in accordance with the terms and conditions of the contract, the
performance deposit or the amount secured by the bond or a
proportionate part thereof as agreed between the parties in the
contract shall be forfeited.

(3) The Corporate Secretary shall certify the fulfillment
of the contract terms and conditions as agreed between the
Authority and the tenderer.

24. (1) The Operations Tenders Committee may authorise
the sale and disposal of any surplus articles by public auction or
such other method of disposal, as it considers appropriate.

(2) Where articles are valued in excess of five hundred
thousand dollars, the approval of the Board shall be required for
the disposal of such articles.

(3) Where the articles are valued at less than one
hundred thousand dollars, the Executive Director may likewise
authorise the sale and disposal of such articles.

(4) A member of staff of the Authority shall attend every
such sale and a written report shall be submitted to the Executive
Director or the Operations Tenders Committee, as the case may
be, on the results of the sale.

Tender
performance
deposit.

Disposal of
surplus.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 81

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L.R.O. 1/2009

Telecommunications Tenders Rules [Subsidiary]

(5) For the purpose of purporting to give itself authority
to act under this rule, neither the Operations Tenders Committee
nor the Executive Director shall assume authority under this rule
by subdividing the quantity of the goods to be disposed of into
two or more portions so that the value of the portions falls within
their respective financial authority.

(6) The Executive Director shall cause the proceeds of
sale to be credited to the appropriate revenue item of the budget
of the Authority.

25. (1) The Authority shall not disclose any information
relating to the examination, evaluation or comparison of
applications and technical or price proposals, or the
recommendations for prequalification, selection and award of the
contract to participants in a prequalification or bidding process,
to any other person not officially involved in the evaluation.

(2) A person who performs a duty on behalf of the
Executive Director in respect of tenders shall regard all
document and information relating thereto as confidential.

(3) A Board member, member of staff of the Authority
or any appointee to a Committee having possession or control of
a document or information relating to any tender, who at any
time communicates or attempts to communicate information
contained in such a document to an unauthorised person shall be
subject to the disciplinary action of the Authority.

(4) The Executive Director shall not be entitled to tender
for the supply of articles or the undertaking of works and services.

(5) A member of staff of the Authority, other than the
Executive Director, may tender for the supply of articles or the
undertaking of works and services where the value of the
articles, works or services is less than twenty thousand dollars.

26. For the procurement of any articles, works and services,
the use of a telecommunications resource or the right to use a

Confidentiality
of documents.

Maintenance of
records, etc.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

82 Chap. 47:31 Telecommunications

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[Subsidiary] Telecommunications Tenders Rules

public telecommunications network or telecommunications
service, or a broadcasting service, the Authority shall maintain
proper records and in particular shall maintain the following:

(a) a document explaining the procedure used in the
tendering process, including prequalification
and bidding documents, comparative selection
procedures, auction procedures (rules), if any;

(b) the recommendations of the selection
committee;

(c) proof of the notification of the result of the
bidding process to all participants; and

(d) a copy of the contract, duly signed.

27. In respect of any matter not expressly provided for in
these Rules, the Authority shall be guided by the provisions of
the Central Tenders Board Act, however in instances of any
conflict between these Rules and the procedures of the Central
Tenders Board, these Rules shall apply.

Central Tenders
procedures.

Ch. 71:91.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 83

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

TELECOMMUNICATIONS (ACCESS TO
FACILITIES) REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.

PART I

PRELIMINARY

2. Interpretation.

PART II

OBLIGATION OF CONCESSIONAIRES

3. General obligation to provide access to facilities.

4. Access to be provided.

5. Non-discrimination.

6. Evidence of feasibility.

7. Requirement to specify availability of collocation.

8. Requirement to supply information for access.

PART III

NEGOTIATING ACCESS AGREEMENTS

9. Access request.

10. Access request pending approval of concession application.

11. Time for conclusion of access agreement.

12. Content of access agreement.

13. Access agreement available.

14. Access charges reciprocal.

15. Attendance by Authority at meetings.

16. Submission of access agreements.

17. Publication of access agreements.

PART IV

COMMERCIAL ARRANGEMENTS

18. Basis of access charges.

[Subsidiary]



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

84 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Access to Facilities) Regulations

PART V

IMPLEMENTATION OF ACCESS AGREEMENTS

19. Access agreement to stipulate time for access.

20. Effecting access.

21. No deprivation of access.

22. Costs of modification recoverable.

PART VI

DENIAL OF ACCESS REQUESTS

23. Grounds for denial of access request.

PART VII

DISPUTE RESOLUTION

24. Request for consultation and guidance.

25. Referral of dispute in accordance with dispute resolution procedures.

26. Interim arrangements.

27. Effective date of interim arrangement.

28. Penalty for breach of Regulations.

FIRST SCHEDULE.
SECOND SCHEDULE.

ARRANGEMENT OF REGULATIONS—Continued
REGULATION



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 85

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

TELECOMMUNICATIONS (ACCESS TO FACILITIES)
REGULATIONS

made under section 78(1)

1. These Regulations may be cited as the
Telecommunications (Access to Facilities) Regulations.

PART I

PRELIMINARY

2. (1) In these Regulations—

“access agreement” means a binding agreement between
concessionaires permitting access by an access seeker to the
facilities of an access provider pursuant to section 26 of the Act;

“access charge” means any charge for access to any facility of
a public telecommunications network or broadcasting
services concessionaire;

“access provider” means the concessionaire who provides access
to its facilities to an access seeker;

“access request” means a request made pursuant to regulation 7,
for access to the facilities of a concessionaire;

“access seeker” means a concessionaire who seeks access to the
facilities of another concessionaire;

“the Act” means the Telecommunications Act;

“collocation” means the provision of space on the premises of an
access provider for the use of an access seeker for the purpose
of installing equipment in connection with the latter’s public
telecommunications network or broadcasting services;

“concessionaire” means a person authorised to operate a public
telecommunications network or provide a broadcasting
service under section 21 of the Act;

“local access loop” means the facilities which connect the
customer terminal equipment to the first switching or
routing point in a network;

[Subsidiary]

180/2006.

Citation.

Interpretation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

86 Chap. 47:31 Telecommunications

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“Non-disclosure Agreement” means an agreement substantially
in the form set out in the First Schedule.

(2) For the purpose of these Regulations, access
includes collocation.

PART II

OBLIGATION OF CONCESSIONAIRES

3. A holder of a concession for the provision of a public
telecommunications network or broadcasting service shall—

(a) upon written request, provide access to its
facilities and such access shall not be
unreasonably withheld;

(b) negotiate in good faith on matters concerning
access to facilities; and

(c) neither withdraw nor impair access once
already granted, except—

(i) where authorised by the Authority; or

(ii) in accordance with—

A. a dispute resolution process under
section 82 of the Act; or

B. an Order made by a Court.

4. Without prejudice to the generality of the foregoing, a
concessionaire shall provide access to the following facilities
including where applicable, their functional equivalents:

(a) local access loop;
(b) line side facilities including the connection

between an access loop termination at the main
distribution frame and the switch line card or
such points which are functionally equivalent;

(c) trunk-side facilities, including the trunk-side
cross connect panel and a switch trunk card or
such points which are functionally equivalent;

[Subsidiary] Telecommunications (Access to Facilities) Regulations

First Schedule.

General
obligation to
provide access
to facilities.

Access to be
provided.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 87

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L.R.O. 1/2009

Telecommunications (Access to Facilities) Regulations [Subsidiary]

(d) trunk connect facilities, including the
connection between trunk termination at a cross
connect panel and a switch trunk card or such
points which are functionally equivalent;

(e) inter-office transmission facilities;
(f) signalling networks including signalling links

and signalling transfer points;
(g) service control points; and
(h) ducts, poles and towers used for supporting or

carrying telecommunication facilities.

5. (1) A concessionaire shall provide access under the
same terms and conditions and of the same quality as it provides
for its own networks and services, the networks and services of
its subsidiaries and partners or the networks and services of any
other concessionaire to which it provides access.

(2) Where a concessionaire fails to comply with
subregulation (1), it shall upon request from the Authority, prove
to the satisfaction of the Authority that it is not technically
feasible to replicate the level of quality of access or to provide
access under the same terms and conditions as it provides for its
own use.

6. (1) Previous successful access to a facility at a
particular point on a network shall constitute evidence of
technically feasible access at that point or at a similar point on
the networks where similar facilities are used.

(2) Adherence to the same interfaces at other points of
the network shall constitute evidence of similar facilities.

7. A concessionaire shall specify, upon request from an
access seeker, the availability of collocation within its
facilities, including—

(a) information on the relevant sites along with
security arrangements and conditions;

(b) collocation options at the relevant sites;

Non-
discrimination.

Evidence of
feasibility.

Requirement to
specify
availability of
collocation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

88 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

(c) restrictions, if any, on equipment which can be
collocated;

(d) security standards and measures to be put in
place by access seekers to guarantee security of
the facilities;

(e) principles governing allocation of collocation
space to access seekers; and

(f) principles governing the rights of entry to
collocation space by the staff of the access seeker.

8. (1) Subject to subregulation (4), a concessionaire shall
supply to any other concessionaire upon request, such
information about its network and services as is required in
relation to procuring access to the concessionaire’s facilities.

(2) Subject to subregulation (3), the information
referred to in subregulation (1) shall be supplied within twenty-
eight days of the request.

(3) The concessionaire may request from the Authority,
an extension in writing, not later than seven days before expiry,
of the period referred to in subregulation (2).

(4) The Authority may exempt certain particulars
from the requirements of subregulation (1) on the grounds of
confidentiality or competitive sensitivity, subject to the
procedures set out in the Second Schedule.

(5) The Authority may revoke an exemption granted
under subregulation (4), at the request of a concessionaire where
there has been a material change in the relevant circumstances,
but in such case shall afford to both parties, a reasonable
opportunity to make submissions to the Authority.

(6) All information provided under this regulation shall
be used for the purpose of facilitating access only, and shall not
be disclosed to any third party without the prior written
permission of the concessionaire who provided the information.

[Subsidiary] Telecommunications (Access to Facilities) Regulations

Requirement to
supply
information for
access.

Second
Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 89

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Access to Facilities) Regulations [Subsidiary]

(7) A concessionaire who receives information under
this regulation shall, prior to receipt of the information, execute
a Non-disclosure Agreement for the benefit of the concessionaire
who provided the information.

PART III

NEGOTIATING ACCESS AGREEMENTS

9. (1) A concessionaire may make an access request at
any time.

(2) For the purpose of processing an access request, a
concessionaire shall—

(a) provide the Authority with a designated contact
or contacts; and

(b) make sufficient provision to ensure that the
access request is dealt with promptly.

(3) An access request shall be forwarded to the
designated contact except that where no contact has been
provided, the request may be forwarded to the registered address
of the access provider.

(4) An access request shall, unless otherwise agreed
between the access provider and the access seeker, include—

(a) the reference number of the access seeker’s
concession (or proof of a submitted application
for a concession);

(b) the facility or facilities to which access is
required;

(c) details of the access required;
(d) the date by which access is required;
(e) the period for which access is required;
(f) details of any equipment to be installed at the

facility, together with details of the security,
safety, environmental, and spatial requirements
of such equipment;

Access request.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

90 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

(g) the extent to which access is required by the
access seeker’s personnel to the facility to
install, maintain or use the equipment to be
installed; and

(h) any other requirement which the Authority may
from time to time, prescribe.

(5) The access seekers shall forward to the Authority, a
copy of the access request.

(6) The access provider shall acknowledge receipt of
the access request within seven days of its receipt of the request.

(7) The access provider may upon its receipt of the
access request, request any further information that it may
reasonably require, in order to process the access request.

(8) A request made under subregulation (7) shall be
copied to the Authority and complied with by the access seeker
within seven days of receipt of the request.

(9) Where the request made under subregulation (7) is
not satisfied in accordance with subregulation (8), the period
specified in regulation 11 respecting the negotiation of the access
agreement shall be increased by a period corresponding to the
delay in the provision of the information.

10. (1) Nothing in this regulation shall be construed as
preventing any person who has applied to the Authority for a
concession under section 21 of the Act, but whose application is
still pending, from making a valid access request.

(2) The effecting of access in accordance with a request
made pursuant to these Regulations shall be conditional upon the
grant of a concession to the applicant.

(3) The applicant shall provide to the access provider at
the time of the access request, such security as the access
provider may reasonably require to indemnify the access
provider from any loss that he may suffer in the event that the
application for a concession is unsuccessful.

[Subsidiary] Telecommunications (Access to Facilities) Regulations

Access request
pending
approval of
concession
application.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 91

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Access to Facilities) Regulations [Subsidiary]

11. (1) A concessionaire shall use all reasonable
endeavours to conclude an access agreement within forty-two
days of its receipt of an access request, unless such period has
been expressly extended by the Authority in writing, or pursuant
to regulation 9(9) except that where the request is made under
regulation 10, the request shall be deemed to have been received
by the access provider on the date of grant of the concession.

(2) Failure by a concessionaire to comply with this
regulation shall constitute a dispute referable to the Authority
under regulation 25.

12. Every access agreement shall include prices for access to
facilities as well as the technical, operational, billing and
planning conditions for access.

13. (1) The terms and conditions for access contained in the
most recent access agreement under which a concessionaire is
the access provider shall be made available to any other
concessionaire requesting access.

(2) Each access agreement shall provide for amendment
or modification to permit incorporation of the terms and
conditions referred to in subregulation (1) and such amendment
or modification shall be effected within fourteen days of a
request from an access seeker.

(3) Failure by a concessionaire to comply with
subregulation (2), shall constitute a dispute referable to the
Authority under regulation 25.

(4) For the purposes of this regulation, “access agreement”
includes amendments and modifications to such agreement.

14. Access charges for equivalent access in equivalent
circumstances shall be reciprocal between concessionaires.

15. (1) Every access provider and access seeker shall notify
the Authority in a timely manner of every meeting scheduled for
the purpose of negotiating access.

Time for
conclusion of
access
agreement.

Content of
access
agreement.

Access
agreements
available.

Access charges
reciprocal.

Attendance by
Authority at
Meetings.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

92 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

(2) The Authority may, upon the giving of twenty-four
hours prior written notice to the relevant concessionaires, attend
any meeting referred to in subregulation (1) in the capacity of
observer only.

16. (1) Every access agreement or modification thereto
shall be submitted to the Authority within fourteen days of
signature by the parties.

(2) The Authority may, within twenty-one days of the
submission of an access agreement or modification thereto, serve
notice on the parties to the agreement requiring the access
provider’s compliance with regulation 18.

(3) Compliance referred to in subregulation (2) shall be
effected by the access provider within fourteen days of service of
notice from the Authority and a modified agreement shall be
resubmitted to the Authority for its consideration.

17. Every access agreement shall be published by the
Authority on the website of the Authority within fourteen days of
its acceptance by the Authority.

PART IV

COMMERCIAL ARRANGEMENTS

18. (1) A concessionaire shall set access rates based on its costs
determined in accordance with such costing methodologies, models
or formulae as the Authority may, from time to time, establish.

(2) Where the relevant data for the establishment of the
costing methodologies, models or formulae are unavailable
within a reasonable time, the concessionaire may set access rates
with reference to such costing benchmarks, as determined by the
Authority, that comport with internationally accepted standards
for such benchmarks.

(3) A concessionaire shall within twenty-eight days of a
written request from the Authority, unless this period is expressly
extended by the Authority in writing, supply to the Authority such

[Subsidiary] Telecommunications (Access to Facilities) Regulations

Submission of
access
agreements.

Publication of
access
agreements.

Basis of
access charges.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 93

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Access to Facilities) Regulations [Subsidiary]

data as the Authority may require, for the purpose of determining
that its access rates are in accordance with this regulation.

PART V

IMPLEMENTATION OF ACCESS AGREEMENTS

19. (1) Every access agreement shall stipulate a period not
exceeding twenty-eight days within which access shall be effected
except with the prior approval of the Authority in writing.

(2) Notwithstanding subregulation (1), the Authority
may upon written application of a concessionaire extend the
period referred to in subregulation (1).

20. A concessionaire shall use all reasonable endeavours to
effect access within twenty-eight days of concluding the relevant
access agreement, or such longer period as may be approved by
the Authority in accordance with regulation 19.

21. An access provider shall not deprive an access seeker
of any benefit granted under their access agreement except in
accordance with the access agreement or with the prior written
consent of the Authority.

22. Where access requires modification of the facilities of
an access provider, the reasonably incurred costs of such
modification shall be recoverable from the access seeker, such
costs to be determined in the manner prescribed by the Authority.

PART VI

DENIAL OF ACCESS REQUESTS

23. (1) A concessionaire shall not deny a request for access
at a particular location except for insufficient capacity, or for
reasons of safety, security, reliability or difficulty of a technical
or engineering nature.

(2) Every concessionaire who denies a request for
access shall notify the access seeker and the Authority within
fourteen days of receipt of the access request.

Access
agreement to
stipulate time
for access.

Effecting
access.

No deprivation
of access.

Costs of
modification
recoverable.

Grounds for
denial of access
request.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

94 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

(3) Upon written request by the Authority, the access
provider shall provide justification for the denial, to the
Authority in writing within seven days of receipt of the request.

(4) The Authority may—
(a) request of the access provider, the production of

any records or documents and copies thereof; and
(b) with the agreement of the access provider, enter

the premises of the access provider and inspect
any or all relevant facilities,

to determine the reasonableness of any denial of access.

(5) Where the Authority deems that the access has been
unreasonably withheld, the Authority may instruct the access
provider in writing to make arrangements for access within a
time specified by the Authority.

(6) An instruction pursuant to subregulation (5)—
(a) shall include such interim terms and conditions

for access as the Authority may consider
appropriate and be applicable until an access
agreement is concluded between the parties;

(b) may request a concessionaire to modify its
facilities to provide or facilitate access.

(7) In acting under subregulation (6), the Authority shall
take into account any relevant factors which may include but
are not limited to the extent to which the access requested
impacts on the networks or services of the access seeker,
the availability and cost of alternatives, and the cost of any
required modifications.

(8) The reasonably incurred costs of a modification
shall be—

(a) recoverable from the access seeker; and
(b) determined in accordance with such

methodology as the Authority may establish.

[Subsidiary] Telecommunications (Access to Facilities) Regulations



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 95

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Access to Facilities) Regulations [Subsidiary]

PART VII

DISPUTE RESOLUTION

24. Where a dispute arises with respect to any matter
respecting access, the matter may, on the agreement of both parties,
be referred to the Authority for consultation and guidance prior to
either party submitting the matter to the Authority as a dispute.

25. Save as provided in regulation 24, every dispute
regarding access shall be submitted to the Authority for
resolution in accordance with the dispute resolution process
established by the Authority under section 82 of the Act.

26. (1) The Authority may, in relation to any dispute
referred to under these Regulations, direct that the parties
implement such interim arrangement for access as the Authority
considers appropriate having regard to the nature of the dispute.

(2) An interim arrangement may speak to prices and
include any other term or condition for access whether or not the
Authority considers submissions made by the parties subject to
such times for submissions as the Authority shall establish.

(3) An interim arrangement shall be instituted by the
parties within a period determined by the Authority and shall
remain in force until such time as the dispute has been resolved.

27. The final resolution of a dispute in respect of which an
interim arrangement was implemented shall—

(a) be effective on the date on which the interim
arrangement was effected; and

(b) include provisions for compensation to any
party that has suffered any loss and damage as a
result of the arrangement.

28. A concessionaire who contravenes any provision of
these Regulations commits an offence and is liable on summary
conviction to a fine of fifty thousand dollars.

Request for
consultation
and guidance.

Referral of
dispute in
accordance
with dispute
resolution
procedures.

Interim
arrangements.

Effective date
of interim
arrangement.

Penalty for
breach of
Regulations.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

96 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

FIRST SCHEDULE

NON-DISCLOSURE AGREEMENT

THIS AGREEMENT is made this ............... day of .................................

Between

[INSERT NAME OF THE CONCESSIONAIRE SEEKING ACCESS] a
company incorporated under the laws of [INSERT PLACE OF
INCORPORATION] whose registered office is at [INSERT REGISTERED
OFFICE ADDRESS] (“Access Seeker”)

And

[INSERT NAME OF THE CONCESSIONAIRE PROVIDING ACCESS], a
company incorporated under the laws of [INSERT PLACE OF
INCORPORATION] whose registered office is at [INSERT REGISTERED
OFFICE ADDRESS] (“Access Provider”)

Each a “Party” and collectively the “Parties”.

WHEREAS the Parties are discussing certain matters in relation to the
provision of services by Interconnection Provider to Interconnecting
Concessionaire and by Interconnecting Concessionaire to Interconnection
Provider which may require each Party to disclose certain proprietary, secret
or confidential information to the other Party; and

Whereas the Party disclosing information shall hereinafter be referred to as
the “Disclosing Party” and the Party receiving such information shall hereinafter
be referred to as the “Receiving Party”.

Now, therefore in consideration of the premise and the mutual covenants
contained in this Agreement, the Parties hereto agree as follows:

1. DEFINITIONS

“Confidential Information” as referred to in this Agreement means the
business, commercial, economic, financial, operational, technical and
planning information and data disclosed to the Receiving Party by the
Disclosing Party during the discussions whether in written, oral or in
machine-readable or representational form including this Agreement,
communicated to the Receiving Party, acquired by the Receiving Party
from the Disclosing Party, prepared by the Receiving Party from or in

[Subsidiary] Telecommunications (Access to Facilities) Regulations

[Regulations 2
and 8(7)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 97

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Access to Facilities) Regulations [Subsidiary]

connection with any of the above information or which contain or are
based in whole or in part upon such information to the extent it includes or
is derived from such information. (For the avoidance of doubt, this
Agreement apply to all such information whether disclosed or prepared
before or after the date of this Agreement);

“the Discussions” means any discussions relating to the Business Purpose or
constituting advice in respect of it;

“the Business Purpose” means the objective and/or intention of agreeing
suitable terms for the provision of services by Interconnection Provider
to Interconnecting Concessionaire and by Interconnecting
Concessionaire to Interconnection Provider including but not limited to
agreement of terms for an interconnection agreement.

2. DISCLOSURE OF INFORMATION

The Parties acknowledge that the Confidential Information is a valuable
asset belonging to the Disclosing Party. Except as expressly provided for in this
Agreement, the Parties agree that they will not during or after the term of this
Agreement disclose the Confidential Information of the other Party to any
person, firm, corporation, association or any other entity for any reason or
purpose whatsoever without the prior written consent of the Disclosing Party.
Notwithstanding the above, the Parties agree the Confidential Information may
be disclosed to their agents, professional advisers and associated companies
(associated companies means a subsidiary or holding company of a Party or
another subsidiary of such a holding company) strictly for the Business Purpose
provided that such agents, professional advisers and companies have a need to
know such information, and agree to comply with the obligations as contained
herein. The Receiving Party shall procure that such persons comply with the
undertakings and terms of this Agreement as if such persons were made direct
parties to it and do not disclose the Confidential Information further. The Parties
further agree that they shall not utilise, employ, exploit or in any other manner
whatsoever use the Confidential Information disclosed by the other Party for
any purpose other than the Business Purpose without the prior express written
consent of the Disclosing Party, including, but not limited to, for purposes of
competing in any way with the other party or any of its subsidiaries or affiliates.

3. TITLE

All Confidential Information is acknowledged by the Receiving Party to
be the property of the Disclosing Party and the disclosure of the Confidential
Information shall not be deemed to confer any rights to that Confidential
Information on the Receiving Party.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

98 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

4. RESTRICTIONS ON DISCLOSURE AND USE OF THE
CONFIDENTIAL INFORMATION

The Receiving Party will restrict the possession, knowledge and use of
Confidential Information to the officers, employees, agents, and professional
advisers of the Receiving Party who have a need to know Confidential
Information for the Business Purpose. The Receiving Party will not use the
Confidential Information other than for the Business Purpose. Nothing in this
Agreement shall transfer to the Receiving Party any right or interest
whatsoever in any intellectual property belonging to the Disclosing Party.

5. STANDARD OF CARE

The Parties agree that they shall protect the Confidential Information of
the other Party using not less than the same standard of care that each party
applies to its own proprietary, secret or Confidential Information and that the
Confidential Information shall be stored and handled in such a way as to
prevent unauthorised disclosure. Further, in the standard of care applied, proper
account will be taken, where applicable, of the fact that the Confidential
Information relates in any way to a company which is publicly traded.

6. RETURN OF CONFIDENTIAL INFORMATION

The Disclosing Party may request in writing at any time that any
Confidential Information disclosed pursuant to the terms of this Agreement
and any copies thereof be returned, or in the case of machine-readable or
electronic information be permanently erased, with a written statement to the
effect that upon such return the Receiving Party has not knowingly retained in
its possession or under its control, either directly or indirectly, any
Confidential Information or copies thereof and the Receiving Party shall
comply with any such request within seven days of receipt of such request.

7. EXCLUDED INFORMATION

The obligations pursuant to this Agreement shall not apply to any
information that—

(a) is in the possession of the Receiving Party prior to receipt
from the Disclosing Party;

(b) is or becomes publicly known, otherwise than as a
consequence of a breach of this Agreement;

(c) is developed independently by the Receiving Party;

[Subsidiary] Telecommunications (Access to Facilities) Regulations



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 99

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Access to Facilities) Regulations [Subsidiary]

(d) is disclosed by the Receiving Party to the
Telecommunications Authority of Trinidad and Tobago;

(e) is disclosed by the Receiving Party to satisfy a legal demand
by a competent court of law or governmental body
(“Government Authorities”) having jurisdiction over the
parties, or valid legal requirements of any applicable stock
exchange, provided however that in these circumstances the
Receiving Party shall advise the Disclosing Party prior to
disclosure so that the Disclosing Party has an opportunity to
defend, limit or protect against such production or
disclosure; provided further that the Receiving Party will
disclose only that portion of the Confidential Information
which is legally required to be disclosed and the Receiving
Party will exercise its reasonable efforts to obtain a
protective order or other reliable assurance from such
Government Authorities or stock exchange that confidential
treatment will be accorded to any Confidential Information
required to be disclosed;

(f) is disclosed to a third party pursuant to written authorisation
from the Disclosing Party;

(g) is received from a third party without similar restrictions and
without breach of this Agreement.

8. INDEPENDENT DEVELOPMENT

The Disclosing Party acknowledges that the Receiving Party may
currently or in the future be developing information internally, or receiving
information from other parties that is similar to the Confidential Information.
Accordingly, nothing in this Agreement will be construed as a representation
or agreement that the Receiving Party will not develop or have developed for
its products, concepts, systems or techniques that are similar to or compete
with the products, concepts, systems or techniques contemplated by or
embodied in the Confidential Information, provided that the Receiving Party
does not violate any of its obligations under this Agreement in connection
with such development.

9. TERM

This Agreement is intended to cover Confidential Information disclosed
or received by either Party prior or subsequent to the date of this Agreement.
Unless otherwise earlier terminated, this Agreement shall remain in effect for
five years from the date provided, however, that each Party’s obligations with



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

100 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

respect to the other Party’s Confidential Information disclosed or received
prior to termination or expiration will survive for ten additional years
following the expiration or termination of this Agreement.

10. PUBLIC ANNOUNCEMENTS

The Parties shall maintain in strict confidence and not disclose publicly
or to any third party, the substance of any discussions or negotiations between
them, the terms of any proposed arrangements or agreements, or any other
information relating thereto unless it has first consulted the other Party and
obtained its written consent. The Parties agree that each shall not, and shall not
permit any of its affiliates, subsidiaries, persons, or other entities or their
professional advisers to make any public announcements about the substance
of any discussions regarding such arrangements or agreements and any other
business and operating plans being discussed or negotiated, whether in the
form of press release or otherwise, without first consulting with the other
Party and obtaining its written consent.

11. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants to the other that it is a corporation
duly organised and validly existing in the jurisdiction of its incorporation.
Each Party represents that it has full corporate power and authority to enter
into this Agreement and to do all things necessary for the performance of
this Agreement.

12. ADDITIONAL ACTION

Each Party to this Agreement shall execute and deliver such other
documents and do such other acts and things as may be necessary or desirable
to carry out the terms, provisions and purposes of this Agreement.

13. AMENDMENTS

No amendment, interpretation or waiver of any of the provisions of this
Agreement shall be effective unless made in writing and signed by the Parties
to this Agreement.

14. ENFORCEMENT

No delay on the part of any Party in exercising any right, power or
privilege hereunder shall operate as a waiver thereof nor shall any waiver on
the part of any Party of any such right, power or privilege, nor any single or

[Subsidiary] Telecommunications (Access to Facilities) Regulations



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 101

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Access to Facilities) Regulations [Subsidiary]

partial exercise of any such right, power or privilege preclude any further
exercise thereof or the exercise of any other such right, power or privilege.
The Parties agree that the Disclosing Party would be irreparably injured by a
breach of this Agreement by the Receiving Party and that the Disclosing Party
shall be entitled to equitable relief, including by way of injunction and
specific performance in the event of any breach of this Agreement. Such
remedy shall not be deemed to be the exclusive remedy for a breach of this
Agreement but shall be in addition to all other remedies available at law or
in equity.

15. HEADINGS

The headings of paragraphs are used for convenience only and shall not
affect the meaning or construction of the contents of this Agreement.

16. ENTIRE AGREEMENT

This Agreement contains the entire agreement of the Parties with respect
to the subject matter of this Agreement and supersedes all prior agreements
between the Parties, whether written or oral, with respect to the subject matter
of this Agreement.

17. GOVERNING LAW

This Agreement and the relationships of the Parties in connection with
the subject matter of this Agreement shall be governed by and constructed in
accordance with the laws of Trinidad and Tobago and the Parties agree that
any dispute hereunder shall be referred to the Telecommunications Authority
of Trinidad and Tobago in accordance with the provisions of the
Telecommunications Act, 2001.

18. NOTICES

Any notice or other communication required to be given or sent
hereunder shall be in writing and shall be delivered personally, sent by
prepaid certified or registered post (airmail if overseas) with written receipt
requested or sent by international courier to the Party concerned at its address
given below in this Agreement or such other address as the Party concerned
shall have notified in accordance with this clause to the other Party with a
copy sent by facsimile at the number below or such other number as notified
from time to time in accordance with this clause. Any such notice shall be
deemed to be served and received—

(a) if left at any such address, at the time when it is so left;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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(b) if sent by post, on the seventh day following the day of
posting;

(c) if sent by international courier, on the fourth day following
the day of placing it with the relevant courier service.

The initial addresses and facsimile numbers of the Parties hereto for the
purposes of this Agreement are as follows:

Access Seeker: [INSERT ACCESS SEEKER’S
ADDRESS]

Access Provider: [INSERT ACCESS PROVIDER’S
ADDRESS]

19. COUNTERPARTS

This Agreement may be executed in counterparts, all of which shall
constitute one agreement, and each such counterpart shall be deemed to have
been made, executed and delivered on the date set out at the head of this
Agreement, without regard to the dates or times when such counterparts may
actually have been made, executed or delivered.

20. SEVERABILITY

In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall not affect
any other provisions of this Agreement. If any provision is held to be void or
declared illegal, invalid or unenforceable for any reason whatsoever, that
provision shall be divisible from this Agreement and shall be deemed to be
deleted from it and the validity of the remaining provisions shall not be
affected and the Agreement shall be carried out as nearly as possible according
to its original terms and intent. If such deletion materially affects the
interpretation of this Agreement, the parties shall use their best endeavours to
negotiate in good faith with a view to agreeing a substitute provision as
closely as possible reflecting the commercial intention of the parties.

21. EXPLORATORY DISCUSSION NOT BINDING

The Parties agree that this Agreement, continuing discussions, future
exchange of Confidential Information and non-confidential information, past
or future correspondence (including without limitation, correspondence
indicating interest or intent) and other communications between the Parties

[Subsidiary] Telecommunications (Access to Facilities) Regulations



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 103

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L.R.O. 1/2009

Telecommunications (Access to Facilities) Regulations [Subsidiary]

shall not commit either Party to continue discussions or negotiate or be legally
binding as an informal agreement or agreement to agree to a potential
business relationship. The only way the Parties shall be bound to a business
relationship, if at all, shall be by a mutually satisfactory definitive written
agreement signed by the Parties. Any research and development, prototyping,
or other action or expense which either Party takes or incurs in anticipation
that a business relationship will be consummated shall be entirely at the acting
Party’s risk and expenses and shall not impose any liability on any other party.

22. SUCCESSORS AND ASSIGNS

References in this Agreement to either Party shall include any successors
or assigns of that Party.

23. LIMITED RELATIONSHIP

This Agreement will not create a joint venture, partnership or other
formal business relationship or entity of any kind or an obligation to form any
such relationship or entity. Each Party will act as an independent contractor
and not as an agent of the other Party for any purpose and neither will have
the authority to bind the other.

24. CUMULATIVE OBLIGATIONS

Each Party’s obligations hereunder are in addition to and not exclusive of
any and all of its other obligations and duties to the other Party.

In Witness Whereof the Parties have caused their duly authorised
representatives to execute this Agreement as of the date set out at the head of
this Agreement.

For and on behalf of Access Seeker

By:__________________________

Name: _______________________

Title: ________________________

For and on behalf of Access Provider

By:__________________________

Name:_______________________

Title: ________________________

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

104 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Access to Facilities) Regulations

[Regulation
8(4)].

SECOND SCHEDULE

PROCEDURE TO BE FOLLOWED IN SEEKING
EXEMPTION OF CERTAIN INFORMATION ON THE

GROUNDS OF CONFIDENTIALITY OR COMPETITIVE
SENSITIVITY UNDER REGULATION 8(4)

1. A concessionaire seeking to have information exempted shall make a
written request to the Authority, copied to the concessionaire requesting the
information, not later than seven days before the expiration of the period for
supplying the information.

2. The concessionaire requesting the information may make
representations to the Authority on the request for exemption, such
representations to be provided to the Authority within seven days of receipt of
the request for exemption.

3. The Authority shall notify both interested concessionaires of its
determination within twenty-one days of the request. The Authority may
include in its determinations such reasonable conditions for the disclosure as
it considers appropriate, including the manner of provision of the information,
and the time for such provision.

4. The Authority shall be entitled to grant an exemption in relation to
the whole or part only of the request made.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 105

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L.R.O. 1/2009

TELECOMMUNICATIONS (INTERCONNECTION)
REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.

PART I

PRELIMINARY

2. Interpretation.

PART II

OBLIGATION OF CONCESSIONAIRES

3. General obligation of concessionaire to interconnect.

4. Access to facilities for the purpose of interconnection.

5. Non-discrimination.

6. Evidence of feasibility.

7. Facilitating equal access.

8. Facilitation of dialing parity.

9. Facilitation of number portability.

10. Requirement to supply information for interconnection.

PART III

NEGOTIATING INTERCONNECTION AGREEMENTS

11. Interconnection request.

12. Interconnection request pending approval of concession application.

13. Time for conclusion of interconnection agreement.

14. Content of interconnection agreement.

15. Interconnection charges.

16. Interconnection agreements available.

17. Attendance by Authority at meetings.

18. Submission of interconnection agreements.

PART IV

REFERENCE INTERCONNECTION OFFER

19. Requirement to provide a Reference Interconnection Offer.

[Subsidiary]



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

106 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Interconnection) Regulations

20. Submission of a RIO.

21. Amendment of RIO.

22. Publication of RIO.

23. Interconnection agreement to be consistent with RIO.

PART V

IMPLEMENTATION OF INTERCONNECTION
AGREEMENTS

24. Interconnection agreement to stipulate time for interconnection.

25. Effecting operational interconnection.

26. No deprivation of interconnection.

27. Costs of modification recoverable.

PART VI

DENIAL OF INTERCONNECTION REQUEST

28. Denial of interconnection.

29. Interconnection ordered by Authority.

30. Order for network adjustment.

PART VII

DISPUTE RESOLUTION

31. Request for consultation and guidance.

32. Referral of dispute in accordance with dispute resolution procedures.

33. Interim arrangements.

34. Effective date of interim arrangement.

PART VIII

GENERAL

35. Penalty for breach of Regulations.

FIRST SCHEDULE.
SECOND SCHEDULE.

ARRANGEMENT OF REGULATIONS—Continued
REGULATION

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 107

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

[Subsidiary]

TELECOMMUNICATIONS (INTERCONNECTION)
REGULATIONS

made under section 78(1)

1. These Regulations may be cited as the
Telecommunications (Interconnection) Regulations.

PART I

PRELIMINARY

2. (1) In these Regulations—

“Act” means the Telecommunications Act;

“Authority” means the Telecommunications Authority;

“concessionaire” means the holder of a concession issued under
section 21 of the Act but does not include the holder of a
concession to provide a broadcasting service;

“equal access” means the ability of a customer to choose in a
transparent and equal manner between two or more
competing service providers;

“essential interconnection resource” means an interconnection
resource for which no practical and viable alternative exists;

“interconnection agreement” means a legally binding agreement
between concessionaires made in accordance with
section 25(2)(e) of the Act, respecting the linking of their
networks in order to provide telecommunication services;

“interconnecting concessionaire” means a concessionaire who
seeks interconnection from another concessionaire;

“interconnection provider” means a concessionaire who provides
interconnection to an interconnecting concessionaire;

“interconnection request” means a request for interconnection
made in accordance with regulation 11;

“interconnection resource” means a component of a network or
a combination of such components that is required for the
provision of an interconnection service;

181/2006.

Citation.

Interpretation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

108 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Interconnection) Regulations

“interconnection service” means a service provided by an
interconnection provider to an interconnecting concessionaire
linking the public telecommunications networks or public
telecommunications services of both concessionaires to—

(a) allow the users of the public
telecommunications services of either
concessionaire to communicate with the users
of the public telecommunications services of
the other; and

(b) to access the services provided by the other
concessionaire;

“interconnection link” means a transmission path connecting the
point of interconnection with the network of an
interconnecting concessionaire;

“network termination point” means the point at the customer’s
premises where the physical connection to the
interconnection provider’s network is effected;

“Non-disclosure Agreement” means an agreement substantially
in the form set out in the First Schedule, that seeks to protect
the confidentiality of information provided by one
concessionaire to another for the purpose of interconnection;

“number portability” means the ability of a customer to retain the same
telephone number on changing telephone service providers;

“point of interconnection” means a point on the interconnection
provider’s network where physical connection is allowed to any
interconnecting concessionaire to act as a gateway between
networks and enable the exchange of telecommunications
services between or among networks so interconnected;

“Reference Interconnection Offer” or “RIO” means a document
setting out the terms on which an interconnection
provider proposes to offer interconnection to an
interconnecting concessionaire;

“traffic origination” means an interconnection service providing
connectivity from a network termination point on a
customer’s premises to the point of interconnection;

First Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 109

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Telecommunications (Interconnection) Regulations [Subsidiary]

“traffic termination” means an interconnection service providing
connectivity from a point of interconnection to a network
termination point on a customer’s premises;

“transit services” means the transmission and routing of the
services of other concessionaires over the network of an
interconnection provider.

PART II

OBLIGATION OF CONCESSIONAIRES

3. A concessionaire shall—
(a) provide direct and indirect interconnection of the

networks and services of other concessionaires
to its own networks and services;

(b) provide transit services to other concessionaires
at any technically feasible point in the
concessionaire’s network;

(c) neither withdraw nor impair interconnection or
transit services once already granted unless so
authorised by the Authority under a dispute
resolution process pursuant to section 82 or by
an order made by a Court;

(d) on request from any concessionaire, disaggregate
its network and offer to other concessionaires,
interconnection to the individual network elements;

(e) grant access to technical interfaces, protocols or
other key technologies that are indispensable for
the inter-operability of public network services
for the purposes of interconnection; and

(f) provide interconnection link capacity within its
network and between its network and that of the
interconnecting concessionaire to enable—

(i) transmission; and
(ii) switching or routing,

of voice, data and images over their networks.

General
obligation of
concessionaire
to interconnect.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

110 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

4. Where access to any facilities is required to effect
interconnection such access shall be provided, in accordance
with the Act and any regulations made thereunder, together with
the interconnection.

5. (1) A concessionaire shall provide interconnection under
the same terms and conditions and of the same quality as it provides
for its own networks and services, the networks and services of its
subsidiaries and partners, or the networks and services of any other
concessionaire to which it provides interconnection.

(2) Where a concessionaire fails to comply with
subregulation (1), it shall upon request from the Authority prove
to the satisfaction of the Authority that it is not technically
feasible to replicate the level of quality of the interconnection or
to provide interconnection under the same terms and conditions
as it provides for its own use.

6. (1) Previous interconnection at a particular point of
interconnection is evidence of technically feasible interconnection
at that point of interconnection, or at similar points on the network
where similar resources are used or equivalent functionality is achieved.

(2) Adherence to the same interfaces or protocol
standards at other points of interconnection shall constitute
evidence of similar resources.

7. An interconnection provider shall, upon request by an
interconnecting concessionaire, supply details of number ranges
that are hosted on each of its local exchanges to enable an
interconnecting concessionaire using the service to route calls to
those number ranges directly on the interconnection link to the
local exchange.

8. Whenever concessions are granted by the Authority to
alternative operators to provide international voice services, a
concessionaire shall—

(a) configure its network to facilitate dialing
parity; and

[Subsidiary] Telecommunications (Interconnection) Regulations

Access to
facilities for the
purpose of
interconnection.

Non-
discrimination.

Evidence of
feasibility.

Facilitating
equal access.

Facilitation of
dialing parity.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 111

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L.R.O. 1/2009

Telecommunications (Interconnection) Regulations [Subsidiary]

(b) programme its switches or routers to enable
carrier selection or preselection where
applicable, for access to international
telecommunications services.

9. A concessionaire shall configure its network to facilitate
number portability between similar networks as and when
directed by the Authority.

10. (1) Subject to subregulation (4), an interconnection
provider shall supply to any interconnecting concessionaire upon
request, such information about its networks and services as is
required, in relation to procuring interconnection to such
networks and services.

(2) Subject to subregulation (3), the information
referred to in subregulation (1) shall be supplied within twenty-
eight days of the request.

(3) The interconnection provider may request from the
Authority, an extension in writing not later than seven days
before expiry of the period referred to in subregulation (2).

(4) The Authority may exempt certain particulars from
the requirements of subregulation (1) on the grounds of
confidentiality or sensitivity, subject to the procedures set out in
the Second Schedule.

(5) The Authority may revoke an exemption granted
under subregulation (4) at the request of a concessionaire where
there has been a material change in the relevant circumstances,
but in such a case shall afford to both parties, a reasonable
opportunity to make submissions to the Authority.

(6) All information provided under this regulation shall
be used for the purpose of facilitating interconnection only, and
shall not be disclosed to any third party without the prior written
permission of the concessionaire who provided the information.

(7) A concessionaire who receives information under
this regulation shall, prior to receipt of the information, execute

Facilitation of
number
portability.

Requirement to
supply
information for
interconnection.

Second
Schedule.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

112 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

a Non-disclosure Agreement for the benefit of the concessionaire
disclosing the information.

(8) Every concessionaire shall implement internal
procedures to ensure that information provided to the
concessionaire in respect of interconnection is not utilised by the
concessionaire for any purpose other than the interconnection,
and in particular for commercial or other gain by the
concessionaire.

(9) Every concessionaire shall limit access to any traffic
forecasting and commercially sensitive information, only to such
persons within the concessionaire’s organisation or employ who
are required to have such access for the performance of their
duties relating to interconnection and ensure that such persons
are not engaged in the ordinary day-to-day commercial
operations of the concessionaire.

PART III

NEGOTIATING INTERCONNECTION AGREEMENTS

11. (1) A concessionaire may make an interconnection
request at any time.

(2) For the purpose of processing an interconnection
request, a concessionaire shall—

(a) provide the Authority with a designated
contact; and

(b) ensure that requests for interconnection are
dealt with promptly.

(3) An interconnection request shall—
(a) be forwarded to the designated contact except

that where no contact has been designated, the
request shall be forwarded to the registered
address of the interconnection provider;

(b) at the time of the request be copied to
the Authority by the interconnecting
concessionaires; and

[Subsidiary] Telecommunications (Interconnection) Regulations

Interconnection
request.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 113

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Telecommunications (Interconnection) Regulations [Subsidiary]

(c) unless otherwise agreed between the
interconnection provider and the
interconnecting concessionaire, include—

(i) the reference number of the
interconnecting concessionaire’s
concession or proof of a submitted
application for a concession;

(ii) reference to the points of interconnection
at which interconnection is required;

(iii) details of the interconnection required;
(iv) the date by which interconnection

is required;
(v) the period for which interconnection

is required;
(vi) details of any equipment to be installed or

additional equipment required at the
points of interconnection or to be
interconnected, together with details of
the security, safety, environmental, and
spatial requirements of the equipment;

(vii) the extent to which access to the facilities
or premises of the interconnection
provider is required by the
interconnecting concessionaire to install
or maintain any equipment;

(viii) traffic forecasts and other related
information for no less than three years
with sufficient detail to enable the
interconnection provider to assess the
impact of the interconnection on its
networks and services, and to enable the
interconnection provider to effectively
dimension its network during the period
forecasted; and

(ix) any other particular which the Authority
may from time to time specify.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

114 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

(4) The interconnection provider shall acknowledge
receipt of the interconnection request within seven days of the
receipt of the request.

(5) The interconnection provider may upon its receipt of
the interconnection request, request any further information that it
may reasonably require in order to process the interconnection request.

(6) A request made under subregulation (5) shall be
copied to the Authority and satisfied by the interconnecting
concessionaire within seven days of its receipt of the request.

(7) Where the request made under subregulation (5) is not
satisfied in accordance with subregulation (6), the period specified in
regulation 13 for negotiating an interconnection agreement shall be
increased by a period corresponding to the delay.

12. (1) Nothing in regulation 11 shall be construed as
preventing any person who has applied to the Authority for a
concession under section 21 of the Act, but whose application is
still pending, from making an interconnection request and
concluding an interconnection agreement.

(2) The effecting of interconnection in accordance with
a request made under this regulation shall be conditional upon
the grant of a concession to the applicant.

(3) The applicant shall provide to the interconnection
provider at the time of the interconnection request, such security
as the interconnection provider may reasonably require to
indemnify the interconnection provider against any loss that it
may suffer in the event that the application referred to in
subregulation (1) is unsuccessful.

13. (1) A concessionaire shall use its best endeavours to
conclude an interconnection agreement as soon as possible
following its receipt of an interconnection request, but in any
event shall conclude the agreement no later than—

(a) six weeks after its receipt of the request from an
interconnecting concessionaire, where either the

[Subsidiary] Telecommunications (Interconnection) Regulations

Interconnection
request pending
approval of
concession
application.

Time for
conclusion of
interconnection
agreement.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 115

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Telecommunications (Interconnection) Regulations [Subsidiary]

interconnection provider or interconnecting
concessionaire has published a RIO pursuant to
regulation 19; or

(b) ten weeks after its receipt of the interconnection
request in all other circumstances,

except that where the request was made under regulation 12, the
request shall be deemed to have been received by the
interconnection provider on the date of the grant of the concession.

(2) Failure by a concessionaire to comply with this
regulation shall constitute a dispute referable to the Authority
under regulation 32.

14. Every interconnection agreement shall include prices
for interconnection services and interconnection resources as
well as the technical, operational, billing and planning conditions
for interconnection.

15. (1) A concessionaire shall set interconnection rates
based on costs determined in accordance with such costing
methodologies, models or formulae as the Authority may, from
time to time, establish.

(2) Where the relevant data for the establishment of the
costing methodologies, models or formulae are unavailable within
a reasonable time, the concessionaire may set interconnection
rates with reference to such costing benchmarks, as determined
by the Authority, that comport with internationally accepted
standards for such benchmarks.

(3) A concessionaire shall within twenty-eight days of a
written request from the Authority, unless this period is expressly
extended by the Authority in writing, supply to the Authority such
data as the Authority may require, for the purpose of determining
that its interconnection rates are in accordance with this regulation.

16. (1) The terms and conditions for interconnection contained
in the most recent interconnection agreement under which the
concessionaire is the interconnection provider shall be made
available to any other concessionaire requesting interconnection.

Content of
interconnection
agreement.

Interconnection
charges.

Interconnection
agreements
available.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

116 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

(2) Each interconnection agreement shall provide for
amendment or modification to permit incorporation of the terms
and conditions referred to in subregulation (1) and such
amendment or modification shall be effected within fourteen
days of a request from an interconnecting concessionaire.

(3) Failure by an interconnection provider to comply
with subregulation (2) shall constitute a dispute referable to the
Authority under regulation 32.

(4) For the purposes of this regulation, “interconnection
agreement” includes amendments and modifications to such
agreement.

17. (1) Every interconnection provider and interconnecting
concessionaire shall notify the Authority in a timely manner of
every meeting scheduled for the purpose of negotiating
interconnection.

(2) The Authority may, upon the giving of twenty-four
hours prior written notice to the relevant concessionaires, attend
any meeting referred to in subregulation (1) in the capacity of
observer only.

18. (1) Every interconnection agreement or modification
thereto shall be submitted to the Authority in such format as the
Authority shall reasonably require, within fourteen days of
signature by the parties.

(2) The Authority shall—
(a) publish every interconnection agreement by

posting on its website within fourteen days of its
receipt by the Authority; and

(b) provide copies of interconnection agreements to
any concessionaire upon request,

except that such publication and provision shall not disclose
commercially sensitive information.

[Subsidiary] Telecommunications (Interconnection) Regulations

Attendance by
Authority at
meetings.

Submission of
interconnection
agreements.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 117

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Interconnection) Regulations [Subsidiary]

PART IV

REFERENCE INTERCONNECTION OFFER

19. (1) Upon a request by the Authority, a concessionaire
shall prepare, publish and maintain a RIO substantially in the
form published by the Authority on its website or in such other
manner as the Authority may determine.

(2) The basis for a request by the Authority shall be—
(a) the extent to which the concessionaire will be

required by other concessionaires to provide
interconnection;

(b) the concessionaire’s control over essential
interconnection resources; and

(c) the extent to which the concessionaire has failed
to promptly negotiate interconnection or has
unjustifiably denied interconnection in the past.

20. (1) A concessionaire who is required to prepare a RIO
under regulation 19 shall within sixty days of notice to that effect
by the Authority and annually thereafter until such time as the
requirement is withdrawn by the Authority, submit its RIO to the
Authority for approval.

(2) The Authority may with reasons, require the
concessionaire to effect changes to the RIO prior to the
Authority’s grant of approval, except that the changes shall not
be in respect of any matter which the concessionaire is entitled
to negotiate or determine under section 25 of the Act.

(3) Changes shall be effected by the concessionaire
and the RIO resubmitted to the Authority for approval within
twenty-one days of the concessionaire’s receipt of the
Authority’s request under subregulation (2).

21. Where a decision arising from a dispute resolution process
modifies the terms and conditions on which interconnection shall
be offered, a concessionaire required to provide a RIO under

Requirement to
provide a
Reference
Interconnection
Offer.

Submission of
a RIO.

Amendment of
RIO.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

118 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

regulation 19 shall within twenty-one days of notice from the
Authority, amend its RIO to comply with the decision and submit
the amended RIO to the Authority for approval.

22. Within fourteen days of approval by the Authority a
concessionaire shall publish its RIO by—

(a) posting the RIO on its website; and
(b) making printed and electronic copies of the RIO

available to any concessionaire or applicant
for a concession, upon request.

23. Every concessionaire shall ensure that its
interconnection agreement and its RIO are consistent.

PART V

IMPLEMENTATION OF INTERCONNECTION
AGREEMENTS

24. (1) Every interconnection agreement shall stipulate a
period not exceeding twenty-eight days within which
interconnection shall be effected.

(2) Notwithstanding subregulation (1), the Authority
may, upon written application of a concessionaire, extend the
period referred to in subregulation (1).

25. A concessionaire shall use all reasonable endeavours to
effect operational interconnection within twenty-eight days of
concluding a relevant interconnection agreement or such longer
period as may be approved by the Authority in accordance with
regulation 24.

26. An interconnection provider shall not deprive an
interconnecting concessionaire of any benefit granted under their
interconnection agreement unless in accordance with the
agreement or with the prior written consent of the Authority.

27. Where interconnection requires modification of the
network or equipment of an interconnection provider, the cost of

[Subsidiary] Telecommunications (Interconnection) Regulations

Publication of
RIO.

Interconnection
agreement to
be consistent
with RIO.

Interconnection
agreement to
stipulate
time for
interconnection.

Effecting
operational
interconnection.

No deprivation
of
interconnection.

Costs of
modification
recoverable.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 119

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L.R.O. 1/2009

Telecommunications (Interconnection) Regulations [Subsidiary]

the modification shall be recoverable from the interconnecting
concessionaire, such costs to be determined in the manner
prescribed by the Authority.

PART VI

DENIAL OF INTERCONNECTION REQUEST

28. (1) Every concessionaire who denies an interconnection
request shall forthwith notify the Authority of the denial and
reasons for denial.

(2) Upon request by the Authority the concessionaire
shall provide in writing within seven days of the request,
justification for the denial.

(3) The Authority may request of the concessionaire,
the production of any records or documents to determine the
justification for the denial of interconnection.

(4) The Authority may at all reasonable times and with
the permission of the concessionaire, enter the premises of the
concessionaire and inspect equipment and facilities to determine
the justification of any denial of interconnection.

29. Where in the opinion of the Authority the denial of
interconnection is not justified, the Authority may order the
concessionaire who denied interconnection to grant the
interconnection in a time and on such conditions as the Authority
may specify.

30. (1) Where the Authority considers it appropriate,
whether the denial is determined to have been justified or not, the
Authority may require an interconnection provider to, within
such reasonable period as the Authority may stipulate, make
network adjustments or construct additional facilities as the
Authority deems necessary to provide interconnection.

(2) In acting under subregulation (1), the Authority may
take into account any relevant factors which may include the need
for interconnection, the presence of essential interconnection

Denial of
interconnection.

Interconnection
ordered by
Authority.

Order for
network
adjustment.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

120 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

resources, the availability and cost of alternatives, or the cost of
network adjustment or additional facilities.

(3) The reasonably incurred costs of an adjustment or
additional facilities shall be—

(a) recoverable from the interconnecting
concessionaire; and

(b) determined in accordance with such
methodology as the Authority may prescribe.

PART VII

DISPUTE RESOLUTION

31. Where a dispute arises between concessionaires with
respect to interconnection, the matter may be referred to the
Authority for consultation and guidance, on the agreement of
both parties, prior to either party submitting the matter to the
Authority as a dispute.

32. Save as provided in regulation 31, every dispute
regarding interconnection shall be submitted to the Authority for
resolution in accordance with the dispute resolution process
established by the Authority under section 82 of the Act.

33. (1) The Authority may, in relation to any dispute
referred to under these Regulations, direct that the parties
implement such interim arrangement for interconnection as the
Authority considers appropriate having regard to the nature of
the dispute.

(2) An interim arrangement may speak to prices and
include any other terms or conditions for interconnection,
whether or not the Authority considers submissions made by the
parties, subject to such times for submissions as the Authority
shall, in its sole discretion determine.

(3) An interim arrangement shall be instituted by the
parties within a period determined by the Authority and shall
remain in force until the dispute has been resolved.

[Subsidiary] Telecommunications (Interconnection) Regulations

Request for
consultation
and guidance.

Referral of
dispute in
accordance
with dispute
resolution
procedures.

Interim
arrangements.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 121

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L.R.O. 1/2009

Telecommunications (Interconnection) Regulations [Subsidiary]

34. The final resolution of a dispute in respect of which an
interim arrangement was implemented shall—

(a) be effective on the date on which the interim
arrangement was effected; and

(b) include provisions for compensation to any
party that has suffered any loss and damage as a
result of the arrangement.

PART VIII

GENERAL

35. A concessionaire who contravenes any provision of
these Regulations commits an offence and is liable on summary
conviction to a fine of fifty thousand dollars.

Effective date
of interim
arrangement.

Penalty for
breach of
Regulations.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

122 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Interconnection) Regulations

FIRST SCHEDULE

NON-DISCLOSURE AGREEMENT

THIS AGREEMENT is made this day of

Between

[INSERT NAME OF INTERCONNECTING CONCESSIONAIRE] a
company incorporated under the laws of [INSERT PLACE OF
INCORPORATION] whose registered office is at [INSERT REGISTERED
OFFICE ADDRESS] (“Interconnecting Concessionaire”)

And

[INSERT NAME OF INTERCONNECTION PROVIDER], a company
incorporated under the laws of [INSERT PLACE OF INCORPORATION]
whose registered office is at [INSERT REGISTERED OFFICE ADDRESS]
(“Interconnection Provider”)

Each a “Party” and collectively the “Parties”

WHEREAS the Parties are discussing certain matters in relation to the provision
of services by Interconnection Provider to Interconnecting Concessionaire and
by Interconnecting Concessionaire to Interconnection Provider which may
require each Party to disclose certain proprietary, secret or confidential
information to the other Party; and

Whereas the Party disclosing information shall hereinafter be referred to
as the “Disclosing Party” and the Party receiving such information shall
hereinafter be referred to as the “Receiving Party”.

Now, therefore, in consideration of the premise and the mutual
covenants contained in this Agreement, the Parties hereto agree as follows:

1. DEFINITIONS

“Confidential Information” as referred to in this Agreement means the business,
commercial, economic, financial, operational, technical and planning
information and data disclosed to the Receiving Party by the Disclosing
Party during the discussions whether in written, oral or in machine-readable
or representational form including this Agreement, communicated to the
Receiving Party, acquired by the Receiving Party from the Disclosing Party,
prepared by the Receiving Party from or in connection with any of the above
information or which contain or are based in whole or in part upon such

[Regulations 2
and 10(7)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

information to the extent it includes or is derived from such information.
(For the avoidance of doubt, this Agreement apply to all such information
whether disclosed or prepared before or after the date of this Agreement);

“the Discussions” means any discussions relating to the Business Purpose or
constituting advice in respect of it;

“the Business Purpose” means the objective and/or intention of agreeing
suitable terms for the provision of services by Interconnection Provider
to Interconnecting Concessionaire and by Interconnecting
Concessionaire to Interconnection Provider including but not limited to
agreement of terms for an interconnection agreement.

2. DISCLOSURE OF INFORMATION

The Parties acknowledge that the Confidential Information is a valuable
asset belonging to the Disclosing Party. Except as expressly provided for in
this Agreement, the Parties agree that they will not during or after the term of
this Agreement disclose the Confidential Information of the other Party to any
person, firm, corporation, association or any other entity for any reason or
purpose whatsoever without the prior written consent of the Disclosing Party.
Notwithstanding the above, the Parties agree the Confidential Information
may be disclosed to their agents, professional advisers and associated
companies (associated companies means a subsidiary or holding company of
a Party or another subsidiary of such a holding company) strictly for the
Business Purpose provided that such agents, professional advisers and
companies have a need to know such information, and agree to comply with
the obligations as contained herein. The Receiving Party shall procure that
such persons comply with the undertakings and terms of this Agreement as if
such persons were made direct parties to it and do not disclose the
Confidential Information further. The Parties further agree that they shall not
utilise, employ, exploit or in any other manner whatsoever use the
Confidential Information disclosed by the other Party for any purpose other
than the Business Purpose without the prior express written consent of the
Disclosing Party, including, but not limited to, for purposes of competing in
any way with the other party or any of its subsidiaries or affiliates.

3. TITLE

All Confidential Information is acknowledged by the Receiving Party to
be the property of the Disclosing Party and the disclosure of the Confidential
Information shall not be deemed to confer any rights to that Confidential
Information on the Receiving Party.

Telecommunications Chap. 47:31 123

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L.R.O. 1/2009

Telecommunications (Interconnection) Regulations [Subsidiary]

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

124 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Interconnection) Regulations

4. RESTRICTIONS ON DISCLOSURE AND USE OF THE
CONFIDENTIAL INFORMATION

The Receiving Party will restrict the possession, knowledge and use of
Confidential Information to the officers, employees, agents, and professional
advisers of the Receiving Party who have a need to know Confidential
Information for the Business Purpose. The Receiving Party will not use the
Confidential Information other than for the Business Purpose. Nothing in this
Agreement shall transfer to the Receiving Party any right or interest
whatsoever in any intellectual property belonging to the Disclosing Party.

5. STANDARD OF CARE

The Parties agree that they shall protect the Confidential Information of
the other Party using not less than the same standard of care that each party
applies to its own proprietary, secret or Confidential Information and that the
Confidential Information shall be stored and handled in such a way as to
prevent unauthorised disclosure. Further, in the standard of care applied, proper
account will be taken, where applicable, of the fact that the Confidential
Information relates in any way to a company which is publicly traded.

6. RETURN OF CONFIDENTIAL INFORMATION

The Disclosing Party may request in writing at any time that any
Confidential Information disclosed pursuant to the terms of this Agreement
and any copies thereof be returned, or in the case of machine-readable or
electronic information be permanently erased, with a written statement to the
effect that upon such return the Receiving Party has not knowingly retained in
its possession or under its control, either directly or indirectly, any
Confidential Information or copies thereof and the Receiving Party shall
comply with any such request within seven days of receipt of such request.

7. EXCLUDED INFORMATION

The obligations pursuant to this Agreement shall not apply to any
information that—

(a) is in the possession of the Receiving Party prior to receipt
from the Disclosing Party;

(b) is or becomes publicly known, otherwise than as a
consequence of a breach of this Agreement;

(c) is developed independently by the Receiving Party;

(d) is disclosed by the Receiving Party to the
Telecommunications Authority of Trinidad and Tobago;



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 125

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L.R.O. 1/2009

Telecommunications (Interconnection) Regulations [Subsidiary]

(e) is disclosed by the Receiving Party to satisfy a legal demand
by a competent court of law or governmental body
(“Government Authorities”) having jurisdiction over the
parties, or valid legal requirements of any applicable stock
exchange, provided however that in these circumstances the
Receiving Party shall advise the Disclosing Party prior to
disclosure so that the Disclosing Party has an opportunity to
defend, limit or protect against such production or
disclosure; provided further that the Receiving Party will
disclose only that portion of the Confidential Information
which is legally required to be disclosed and the Receiving
Party will exercise its reasonable efforts to obtain a
protective order or other reliable assurance from such
Government Authorities or stock exchange that confidential
treatment will be accorded to any Confidential Information
required to be disclosed;

(f) is disclosed to a third party pursuant to written authorisation
from the Disclosing Party;

(g) is received from a third party without similar restrictions and
without breach of this Agreement.

8. INDEPENDENT DEVELOPMENT

The Disclosing Party acknowledges that the Receiving Party may
currently or in the future be developing information internally, or receiving
information from other parties that is similar to the Confidential Information.
Accordingly, nothing in this Agreement will be construed as a representation
or agreement that the Receiving Party will not develop or have developed for
its products, concepts, systems or techniques that are similar to or compete
with the products, concepts, systems or techniques contemplated by or
embodied in the Confidential Information, provided that the Receiving Party
does not violate any of its obligations under this Agreement in connection
with such development.

9. TERM

This Agreement is intended to cover Confidential Information disclosed
or received by either Party prior or subsequent to the date of this Agreement.
Unless otherwise earlier terminated, this Agreement shall remain in effect for
five years from the date provided, however, that each Party’s obligations with
respect to the other Party’s Confidential Information disclosed or received
prior to termination or expiration will survive for ten additional years
following the expiration or termination of this Agreement.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

126 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Interconnection) Regulations

10. PUBLIC ANNOUNCEMENTS

The Parties shall maintain in strict confidence and not disclose publicly or to
any third party, the substance of any discussions or negotiations between them, the
terms of any proposed arrangements or agreements, or any other information
relating thereto unless it has first consulted the other Party and obtained its written
consent. The Parties agree that each shall not, and shall not permit any of its
affiliates, subsidiaries, persons, or other entities or their professional advisers to
make any public announcements about the substance of any discussions regarding
such arrangements or agreements and any other business and operating plans being
discussed or negotiated, whether in the form of press release or otherwise, without
first consulting with the other Party and obtaining its written consent.

11. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants to the other that it is a corporation duly
organised and validly existing in the jurisdiction of its incorporation. Each Party
represents that it has full corporate power and authority to enter into this
Agreement and to do all things necessary for the performance of this Agreement.

12. ADDITIONAL ACTION

Each Party to this Agreement shall execute and deliver such other
documents and do such other acts and things as may be necessary or desirable
to carry out the terms, provisions and purposes of this Agreement.

13. AMENDMENTS

No amendment, interpretation or waiver of any of the provisions of this
Agreement shall be effective unless made in writing and signed by the Parties
to this Agreement.

14. ENFORCEMENT

No delay on the part of any Party in exercising any right, power or
privilege hereunder shall operate as a waiver thereof nor shall any waiver on
the part of any Party of any such right, power or privilege, nor any single or
partial exercise of any such right, power or privilege preclude any further
exercise thereof or the exercise of any other such right, power or privilege.
The Parties agree that the Disclosing Party would be irreparably injured by a
breach of this Agreement by the Receiving Party and that the Disclosing Party
shall be entitled to equitable relief, including by way of injunction and specific
performance in the event of any breach of this Agreement. Such remedy shall
not be deemed to be the exclusive remedy for a breach of this Agreement but
shall be in addition to all other remedies available at law or in equity.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 127

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Interconnection) Regulations [Subsidiary]

15. HEADINGS

The headings of paragraphs are used for convenience only and shall not
affect the meaning or construction of the contents of this Agreement.

16. ENTIRE AGREEMENT

This Agreement contains the entire agreement of the Parties with respect
to the subject matter of this Agreement and supersedes all prior agreements
between the Parties, whether written or oral, with respect to the subject matter
of this Agreement.

17. GOVERNING LAW

This Agreement and the relationships of the Parties in connection with
the subject matter of this Agreement shall be governed by and constructed in
accordance with the laws of Trinidad and Tobago and the Parties agree that
any dispute hereunder shall be referred to the Telecommunications Authority
of Trinidad and Tobago in accordance with the provisions of the
Telecommunications Act, 2001.

18. NOTICES

Any notice or other communication required to be given or sent hereunder
shall be in writing and shall be delivered personally, sent by prepaid certified or
registered post (airmail if overseas) with written receipt requested or sent by
international courier to the Party concerned at its address given below in this
Agreement or such other address as the Party concerned shall have notified in
accordance with this clause to the other Party with a copy sent by facsimile at the
number below or such other number as notified from time to time in accordance
with this clause. Any such notice shall be deemed to be served and received—

(a) if left at any such address, at the time when it is so left;
(b) if sent by post, on the seventh day following the day of posting;
(c) if sent by international courier, on the fourth day following

the day of placing it with the relevant courier service.

The initial addresses and facsimile numbers of the Parties hereto for the
purposes of this Agreement are as follows:

Interconnecting Concessionaire: [INSERT INTERCONNECTING
CONCESSIONAIRE’S ADDRESS]

Interconnection Provider: [INSERT INTERCONNECTION
PROVIDER’S ADDRESS]



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

128 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Interconnection) Regulations

19. COUNTERPARTS

This Agreement may be executed in counterparts, all of which shall
constitute one agreement, and each such counterpart shall be deemed to have
been made, executed and delivered on the date set out at the head of this
Agreement, without regard to the dates or times when such counterparts may
actually have been made, executed or delivered.

20. SEVERABILITY

In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provisions of this Agreement. If any provision is
held to be void or declared illegal, invalid or unenforceable for any reason
whatsoever, that provision shall be divisible from this Agreement and shall
be deemed to be deleted from it and the validity of the remaining provisions
shall not be affected and the Agreement shall be carried out as nearly as
possible according to its original terms and intent. If such deletion
materially affects the interpretation of this Agreement, the parties shall use
their best endeavours to negotiate in good faith with a view to agreeing a
substitute provision as closely as possible reflecting the commercial
intention of the parties.

21. EXPLORATORY DISCUSSION NOT BINDING

The Parties agree that this Agreement, continuing discussions, future
exchange of Confidential Information and non-confidential information, past
or future correspondence (including without limitation, correspondence
indicating interest or intent) and other communications between the Parties
shall not commit either Party to continue discussions or negotiate or be
legally binding as an informal agreement or agreement to agree to a potential
business relationship. The only way the Parties shall be bound to a business
relationship, if at all, shall be by a mutually satisfactory definitive written
agreement signed by the Parties. Any research and development, prototyping,
or other action or expense which either Party takes or incurs in anticipation
that a business relationship will be consummated shall be entirely at the
acting Party’s risk and expenses and shall not impose any liability on any
other party.

22. SUCCESSORS AND ASSIGNS

References in this Agreement to either Party shall include any successors
or assigns of that Party.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 129

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L.R.O. 1/2009

Telecommunications (Interconnection) Regulations [Subsidiary]

23. LIMITED RELATIONSHIP

This Agreement will not create a joint venture, partnership or other
formal business relationship or entity of any kind or an obligation to form any
such relationship or entity. Each Party will act as an independent contractor
and not as an agent of the other Party for any purpose and neither will have
the authority to bind the other.

24. CUMULATIVE OBLIGATIONS

Each Party’s obligations hereunder are in addition to and not exclusive of
any and all of its other obligations and duties to the other Party.

IN WITNESS WHEREOF, the Parties have caused their duly authorised
representatives to execute this Agreement as of the date set out at the head of
this Agreement.

For and on behalf of Interconnecting Concessionaire

By:____________________________

Name: _________________________

Title: __________________________

For and on behalf of Interconnection Provider

By:____________________________

Name: _________________________

Title: __________________________

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

130 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Interconnection) Regulations

[Regulation
10(4)].

SECOND SCHEDULE

PROCEDURE TO BE FOLLOWED IN SEEKING
EXEMPTION OF CERTAIN INFORMATION ON THE

GROUNDS OF CONFIDENTIALITY OR COMPETITIVE
SENSITIVITY UNDER REGULATION 10(4)

1. A concessionaire seeking to have information exempted shall make a
written request to the Authority, copied to the concessionaire requesting the
information, not later than seven days before the expiration of the period for
supplying the information.

2. The concessionaire requesting the information may make
representation to the Authority on the request for exemption, such
representations to be provided to the Authority within seven days of the
concessionaire’s receipt of the copy referred to in paragraph 1.

3. The Authority shall notify both interested concessionaires of its
determination within fourteen days of the request for exemption. The
Authority may include in its determinations such reasonable conditions for the
disclosure as it considers appropriate, including the manner of provision of the
information, and the time for such provision.

4. The Authority shall be entitled to grant an exemption in relation to
the whole or part any of the request made.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 131

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

[Subsidiary]

TELECOMMUNICATIONS (FEES) REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.

PART I

PRELIMINARY

2. Interpretation.
3. First invoice for concession fees.
4. Concession granted for less than one year.
5. Requirement to submit details of revenues.
6. Publication by Authority of information for calculation of

concession fees.
7. Invoices for concession fees.
8. Use of projected revenues to calculate concession fee.
9. Recalculation of concession fee.

10. Fee minimum for certain concessions.
11. First invoice for licence fee.
12. Authority to serve invoice.
13. Licence granted for a term of less than one year.
14. Numbering fees.
15. Payment of numbering fees.
16. Application fees.
17. Refund of application fees.
18. Service fees.
19. Fees determined by auction or competitive process.
20. Submission of financial statements.
21. Submission of unaudited accounts.
22. Verification of information.
23. Authority may estimate information.
24. Offences.
25. Manner of payment of fees.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

132 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary]

206/2006.

Citation.

Interpretation.

TELECOMMUNICATIONS (FEES) REGULATIONS

made under section 78(1)

1. These Regulations may be cited as the
Telecommunications (Fees) Regulations.

PART I

PRELIMINARY

2. In these Regulations—
“Act” means the Telecommunications Act;

“concessionaire” means the holder of a concession granted by the
Minister under section 21 of the Act;

“concession fee payment date” means the date determined
pursuant to regulation 3 for payment of fees due under
a concession;

“concession period” and “licence period” means the period from
the grant of a concession or licence to the end of the term of
the last renewal of the concession or licence, respectively;

“financial year” means the financial year of the Authority as set
out in section 58 of the Act;

“licensee” means the holder of a licence granted by the Authority
under section 36 of the Act;

“licence fee payment date” means the date determined pursuant
to regulation 10 for payment of fees due under a licence;

“major territorial” in relation to a concession means the
entitlement of the concessionaire to operate a public
telecommunications network or provide public
telecommunications or broadcasting services within the
island of Trinidad only;

“minor territorial” in relation to a concession means the
entitlement of the concessionaire to operate a public
telecommunications network or provide public
telecommunications or broadcasting services within the
island of Tobago only;



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 133

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Fees) Regulations [Subsidiary]

“national” in relation to a concession means the entitlement of
the concessionaire to operate a public telecommunications
network or provide public telecommunications or
broadcasting services throughout Trinidad and Tobago; and

“niche” in relation to a concession means the entitlement of the
concessionaire to operate a public telecommunications
network or provide public telecommunications or
broadcasting services in only that part of Trinidad and Tobago
defined by the Authority and specified in the concession.

3. (1) Where the Minister grants a concession for a term
exceeding one year, the Authority shall issue and serve on the
relevant concessionaire an invoice for the fees set out in the
fourth column of the First Schedule to these Regulations, based
on the type and sub-type of concession set out in the first and
second columns, respectively, of the said Schedule calculated in
accordance with the formula set out in the third column.

(2) The applicable fee shall be for such period, not
exceeding one year, as the Authority considers appropriate.

(3) The invoice shall be payable within twenty-eight
days of its date and prescribe the concession fee payment date.

(4) The concession fee payment date shall be the day
immediately following the last day of the period for which the
fees are payable under the invoice.

4. (1) Where the Minister grants or renews a concession
for a term of one year or less, the concession fee shall be the
annual fee set out in the fourth column of the First Schedule
based on the type and sub-type of concession set out in the first
and second columns, respectively, of the said Schedule, adjusted
on a pro rata basis for the term of the concession.

(2) The fee shall be payable in full on the date of the
grant or renewal of the concession as the case may require.

First invoice for
concession
fees.

First Schedule.

Concession
granted for less
than one year.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

134 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

5. (1) Every concessionaire shall within thirty days of the
grant of a concession and thereafter no later than 15th November
in each year, submit to the Authority details of its gross revenues
in each month for the twelve-month period (or such part thereof
for which the concessionaire was in operation) ending on
30th September immediately preceding, arising from each
telecommunications network, telecommunications service or
broadcasting service which the concessionaire operates or provides.

(2) The details shall be submitted in the form specified
by the Authority by publication on its website or notification to
any or all relevant concessionaires, and shall be verified by the
concessionaire’s chief financial officer.

6. The Authority shall no later than 1st March in each year
publish on its website—

(a) the total of the revenues for each part of the
telecommunications and broadcasting sectors in
Trinidad and Tobago in the financial year
immediately preceding;

(b) the total costs of the Authority in respect of
concessions, calculated on the basis of the
Authority’s expenditure budget for the then
current financial year, approved in accordance
with section 55 of the Act.

7. (1) No earlier than the concession fee payment date in
each year, the Authority shall issue and serve on the
concessionaire in respect of whose concession the concession fee
payment date pertains, an invoice setting out the fee payable for
the twelve-month period commencing on the concession fee
payment date or the period from the payment date to the end of
the concession period, whichever is shorter.

(2) The fee shall be calculated as set out in regulation 3(1)
and shall become due and payable within twenty-eight days of the
date of the invoice.

[Subsidiary] Telecommunications (Fees) Regulations

Requirement to
submit details
of revenues.

Publication by
Authority of
information for
calculation of
concession
fees.

Invoices for
concession
fees.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 135

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Fees) Regulations [Subsidiary]

8. The Authority shall—
(a) where the concessionaire did not operate at any

time during the twelve-month period, utilise the
concessionaire’s projected revenues for its first
full twelve-month period of operation as
notified to the Authority in the concessionaire’s
application for the concession; or

(b) where the concessionaire operated for a period
less than the twelve-month period, utilise—

(i) the concessionaire’s gross revenues for
the months of the year that it has been in
operation, as submitted to the Authority
pursuant to regulation 5; and

(ii) the concessionaire’s projected revenues
for its first full twelve-month period of
operation as notified to the Authority in
the concessionaire’s application for the
concession, adjusted pro rata for the
remainder of the twelve-month period,

to calculate the applicable concession fee for the relevant
financial year.

9. (1) The Authority shall, at the end of each financial year
recalculate the concession fees payable by each concessionaire
on the basis of the total revenues of the telecommunications and
broadcasting sectors in that financial year inclusive of any
projected revenues taken into account under regulation 8.

(2) Any difference between the concession fee so
calculated and the concession fee actually paid by the
concessionaire for the relevant year will be refunded or
recovered as the case may require in the next invoice issued to
that concessionaire.

10. Notwithstanding the provisions of the First Schedule to
these Regulations, the total annual concession fee for any
concessionaire that holds a national territorial or major territorial

Use of
projected
revenues to
calculate
concession fee.

Recalculation
of concession
fee.

Fee minimum
for certain
concessions.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

136 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

concession shall not be less than ten thousand dollars and the
annual concession fee for any other concessionaire shall not be
less than one thousand dollars.

11. (1) Where the Authority grants a licence for a term
exceeding one year, the Authority shall issue and serve on the
licensee, a first invoice for the fees set out in the third column of
the Second Schedule to these Regulations, based on the spectrum
bands and the type of service set out in the first and second
columns, respectively, of the said Schedule.

(2) The applicable fee shall be for the period from the
date of grant for such period, not exceeding one year, as the
Authority considers appropriate.

(3) The invoice shall be payable within twenty-eight
days of its date and prescribe the licence fee payment date.

(4) The licence fee payment date shall be the day
immediately following the last day of the period for which the
fees are payable under the invoice.

12. (1) No earlier than the licence fee payment date in each
year, the Authority shall issue and serve on the licensee in respect
of whose licence the licence fee payment date pertains, an invoice
setting out the fee payable for the twelve-month period
commencing on the licence fee payment date or the period from the
payment date to the end of the licence term, whichever is shorter.

(2) The fee shall be calculated in accordance with
regulation 11(1) and shall become due and payable within
twenty-eight days of the date of the invoice.

13. Where the Authority grants or renews a licence for a
term which is one year or less, the licence fee shall be the
applicable annual fee for the relevant type of licence adjusted on
a pro rata basis for the term of the licence and shall be payable
in full upon the date of grant or renewal of the licence.

14. A concessionaire authorised to provide a domestic public
telecommunications service which includes the right to provide

[Subsidiary] Telecommunications (Fees) Regulations

First invoice for
licence fee.

Second
Schedule.

Authority to
serve invoice.

Licence granted
for a term of
less than one
year.

Numbering
fees.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 137

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Fees) Regulations [Subsidiary]

a public telephone service shall, in relation to each number
assigned to that concessionaire, pay to the Authority the numbering
fee specified in the Third Schedule to these Regulations.

15. (1) The first payment of fees for each number shall be
payable on assignment and on a pro rata basis from the date of
assignment until the 30th September next following, and
payment of such fees thereafter shall be in respect of each
financial year and made annually in advance on the first day of
the relevant financial year.

(2) No later than 15th September in each year the
Authority shall provide every concessionaire to whom numbers
have been assigned, with a statement setting out the numbers
assigned to that concessionaire and the corresponding fees due
for the coming financial year.

16. Every applicant for a concession, licence or any other
authorisation to be granted or renewed by or upon the
recommendation of the Authority, shall pay to the Authority
upon submission of the application, the relevant application fee
as specified in the fourth column of the First or Second Schedule
to these Regulations, as the case may require.

17. Application fees shall only be refunded where—
(a) the Authority does not accept the submission of

the application and informs the applicant to that
effect, in writing; or

(b) the Authority, in its sole discretion deems that
the particular circumstances warrant the refund
of the application fee.

18. The fees set out in the Fourth Schedule to these
Regulations shall be payable to the Authority in respect of the
services referred to therein.

19. (1) The Authority may select persons for the grant of
licences for spectrum or frequency within certain bands through
an auction or other competitive process.

Third Schedule.

Payment of
numbering fees.

Application
fees.

Refund of
application
fees.

Service fees.
Fourth
Schedule.

Fees
determined by
auction or
competitive
process.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

138 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

(2) Where such a process is utilised, the procedures
set out in the Telecommunications Tenders Rules, shall apply,
and the licence fee for licences granted, after the competitive
process, within such bands shall be as determined in the
competitive process.

(3) The use of a competitive process to grant a licence
shall not affect any concession fee payable for any concession in
respect of which that licence is granted.

20. Each concessionaire shall, within twenty weeks of the end
of the concessionaire’s annual accounting period, submit to the
Authority, its full audited accounts including but not limited to—

(a) balance sheet;
(b) income and expenditure statements; and
(c) related notes to the accounts.

21. Notwithstanding regulation 20, the Authority may—
(a) where a concessionaire is not required by law or

its internal procedures to produce annual
audited accounts; and

(b) upon written application to the Authority prior
to the end of the relevant accounting period,

by written notice to the relevant concessionaire, permit the
concessionaire to submit in relation to the requirements of
regulations 5 and 20, and in respect of a particular accounting
period, accounts or statements which have not been audited.

22. The Authority may, upon the giving of seven days notice
to a concessionaire, inspect any records of the concessionaire to
verify the accuracy of any information provided to the Authority
pursuant to these Regulations.

23. Where a concessionaire fails to submit information or
any part of the information required under regulation 5 or 20 by
the date on which such information is due, the Authority may for

[Subsidiary] Telecommunications (Fees) Regulations

74/2005.

Submission of
financial
statements.

Submission of
unaudited
accounts.

Verification of
information.

Authority may
estimate
information.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 139

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Fees) Regulations [Subsidiary]

the purposes of these Regulations and fulfilling its functions,
estimate the information based on its assessment of the market or
industry benchmarks or any other reasonable method.

24. A concessionaire who knowingly submits false
information to the Authority under these Regulations commits an
offence and is liable on summary conviction to a fine of fifty
thousand dollars.

25. Fees payable under these Regulations shall be paid at
such place and by such methods as the Authority may from time
to time publish on its website.

Offences.

Manner of
payment of
fees.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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140 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Fees) Regulations

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 141

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Fees) Regulations [Subsidiary]

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

$1
00

$2
0

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0

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0

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142 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Fees) Regulations

A
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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

$1
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p
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Telecommunications Chap. 47:31 143

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Fees) Regulations [Subsidiary]

Sa
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lli
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(B

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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Sp
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00

$5
00

$2
00

144 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Fees) Regulations

C
on

ve
nt

io
na

l

R
ad

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(

FM
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Te
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si

on


V
H

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St

at
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L

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SE
C

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C
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ti
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3


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ce

s

SP
E

C
T

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U

M
B

A
N

D
3

0—
21

6
M

H
z

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 145

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Fees) Regulations [Subsidiary]

$5
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2

16


96
0

M
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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

146 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Fees) Regulations

$5
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2

20
0—

58
50

M
H

z

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 147

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Fees) Regulations [Subsidiary]

$4
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85
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>

85
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M
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UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

148 Chap. 47:31 Telecommunications

LAWS OF TRINIDAD AND TOBAGO

[Subsidiary] Telecommunications (Fees) Regulations

N
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be
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F
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E
S

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Telecommunications Chap. 47:31 149

LAWS OF TRINIDAD AND TOBAGO

L.R.O. 1/2009

Telecommunications (Fees) Regulations [Subsidiary]

Se
rv

ic
e

P
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).

SE
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V
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E
F

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E

S

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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