Telecommunications and Wireless Telegraphy Fees

LN. 236 of 2000

FEES ORDINANCE

(CAP. 35)

WIRELESS TELEGRAPHY ORDINANCE

(CAP. 49)

TELECOMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Telecommunications and Wireless Telegraphy Fees

(Modalities of Payment) Regulations, 2000

IN EXERCISE of the powers conferred upon him by articles 2

and 6 of the Fees Ordinance, the Minister for Transport and

Communications with the concurrence of the Minister of Finance, and

in exercise of the powers conferred upon him by article 4 ofthe Wireless

Telegraphy Ordinance, the Minister for Transport and Communications,

and in exercise of the powers conferred upon him by article 38 of the

Telecommunications (Regulation) Act, the Minister for Transport and

Communications after consultation with the Competent Authority to

regulate telecommunications, has made the following regulations:-

The title of these regulations is the Telecommunications and

Wireless Telegraphy Fees (Modalities of Payment) Regulations, 2000.

(1) When in any regulations made under the Fees Ordinance,

the Wireless Telegraphy Ordinance, or the Telecommunications

(Regulation) Act, as the case may be, a fee is established in respect of

any authorisation, licence or of the provision of any service related to

telecommunications systems or services or to wireless telegraphy, and

such fee is established as being in part a fixed sum and in part a

percentage of gross revenues or of any other sum not being capable of

determination at the time of issue or commencement of the authorisation

or licence or prior to the provision of a service as aforementioned -

(a) the said fixed sum shall be payable immediately upon the

issue, commencement or renewal of the authorisation or licence or prior

to the provision of any service as mentioned above; and

(b) the part of the fee being a percentage of gross revenues

or of any other sum not being capable of determination at the time of

issue or commencement of the authorisation or licence or prior to the

provision of a service as mentioned above shall be payable

(i) in respect of an authorisation or licence about which

any fee as aforesaid is payable annually, not later than ninety

days after each anniversary of the authorisation or licence;

(ii) in respect of an authorisation or licence about which

a fee is payable at intervals other than annually, not later than

sixty days after each period in respect of which the fee is due;

(iii) in respect of the provision of any service whether

included in any authorisation or licence as aforesaid or not,

in the manner established in paragraphs (i) and (ii) above.

(2) If the person authorised or the licensee or the person

receiving a service fails to pay any sum due as stipulated in this regulation

then interest at the rate of eight (8) per cent per annum shall accrue

from the date that any such sum falls due.

Payment of fees according to sub-paragraphs (i), (ii) or (iii) of Verification.

paragraph (b) of regulation 2 above shall not necessarily be interpreted

to mean that the amount paid is correct. The Department of Wireless

Telegraphy, or the Competent Authority to regulate

Telecommunications, as the case may be, to whom the fee is payable,

may require to inspect the books of accounts of the person authorised

or of the licensee or of the person receiving any service as aforesaid in

the manner provided for in regulation 4 below so as to verify that the

said amount is correct. If the Department of Wireless Telegraphy or the

Competent Authority to regulate Telecommunications, as the case may

be, find that after verification an additional amount is owed, then the

Department or the Competent Authority, as the case may be, shall

notify the person authorised or the licensee or the person receiving any

service as aforesaid in writing and such amount shall be payable within

thirty days from the receipt of the said notice by the person authorised

or the licensee or the person receiving any service as aforesaid. Interest

at the rate of eight (8) per cent per annum shall be charged on the

additional amount from the date that it was originally due.

(I) Throughout the term of any authorisation or licence Books and records.

or of the provision of a service as mentioned in regulation 2 above, the

person authorised or the licensee or the person receiving any service as

aforesaid shall maintain in accordance with standard accounting practice

complete and accurate books of accounts and records of its business,

ownership and operations.

(2) The person authorised or the licensee or the person

receiving any service as aforesaid shall allow the Department or the

Competent Authority, as the case may be, to which any fee as mentioned

in regulation 2 ofthese regulations is due, to review its books and records

during normal business hours and on a non-disruptive basis as is

reasonably necessary to monitor compliance with these regulations. The

Department or the Competent Authority, as the case may be, shall treat

any information disclosed to it in accordance with this regulation on a

confidential basis and may only disclose such information to employees,

representatives, attorneys or agents of the Department of Wireless

Telegraphy or of the Ministry of Finance or of the Competent Authority

to regulate Telecommunications that have a need to know or in order to

enforce the provisions of these regulations or for any purpose related

therewith.