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24 1983

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

PART VII

Functions of Minister for Posts and Telegraphs

General ministerial powers in relation to postal and telecommunications services.

110. —(1) The Minister may issue directions in writing to either company requiring the company—

(a) to comply with policy decisions of a general kind made by the Government concerning the development of the postal or telecommunications services of which he may advise the company from time to time,

(b) to do (or refrain from doing) anything which he may specify from time to time as necessary in the national interest or to enable the Government or the State to become a member of an international organisation or a party to an international agreement or to discharge its obligations as a member of an international organisation or as a party to an international agreement,

(c) to perform such work or provide or maintain such services for a State authority as may be specified in the direction.

(2) Any direction under this section to a company to perform work or provide or maintain services which involves the payment of moneys by the Exchequer shall be given only with the consent of the Minister for Finance.

(3) A company shall comply with every direction given to it under this section.

(4) (a) A direction to either company under this section except a direction which relates to any international organisation or agreement or to public order or security shall, if the company so requests in writing, be given by the Minister by order.

(b) Such an order shall remain in force for a specified period of not more than twelve months unless extended or revoked by order of the Minister.

(5) The Minister may stipulate, in consultation with either company and with the consent of the Minister for Finance, financial targets (including payment of dividends in respect of shares in the company) to be achieved by the company.

Grant of licences for the provision of postal and telecommunications services.

111. —(1) (a) The Minister may, with the consent of the Minister for Finance, by order provide for the grant of a licence by the Minister, subject to such terms and conditions as the Minister may think fit to impose, to any person to provide a postal service or a telecommunications service of a class or description specified in the order to which an exclusive privilege granted to the either company under this Act relates—

(i) after consultation with the appropriate company, and

(ii) if in his opinion the grant of the licence is in the public interest and is consistent with the reasons given in section 63 (2) or section 87 (2), as appropriate, for the grant of the exclusive privilege to the company,

and may, with the like consent, revoke any such order.

(b) If an order made under paragraph (a) is annulled under section 3 or is revoked a licence granted under that order shall stand revoked.

(2) The Minister may after consultation with the telecommunications company grant a licence to any person to provide a telecommunications service of a kind not within the exclusive privilege granted to the telecommunications company (not being a service of a kind mentioned in paragraph (a), (b) or (c) of section 87 (3)).

(3) A licence granted under subsection (2) authorising the provision of a telecommunications service shall, in addition to any other conditions that the Minister may think fit to impose, be granted subject to technical conditions regarding the type, installation and maintenance of the equipment and materials to be used to provide the service, such conditions being designed to ensure their compatibility with the network of the telecommunications company.

(4) The said technical conditions shall be decided by the Minister after consultation with the company.

(5) Where a licence is granted under this section to any person to perform any function every provision of this Act or any other enactment relating to the appropriate company which is specified in regulations made by the Minister under this section shall in respect of that function and subject to such conditions, limitations or modifications as may be prescribed in such regulations, apply to the licensee as it applies to the company.

(6) (a) The Minister may, with the consent of the Minister for Finance, charge fees for the grant of licences under this section.

(b) The Public Offices Fees Act, 1879, shall not apply to fees charged under this subsection.