Information and Communication Technologies Act

Information and Communication Technologies (Fraud Tracking Account Charge) Regulations 2010

[GN 168 of 2010 – 1 September 2010] [Section 48]

1. These regulations may be cited as the Information and Communication Technologies (Fraud Tracking Account Charge) Regulations 2010.

2. In these regulations –

"Act" means the Information and Communication Technologies Act;

"communication" has the same meaning as in the Information and Communication Technologies (Universal Service Fund) Regulations 2008;

"fraud tracking" means the provisions put in place by the Authority to track fraud on incoming international traffic from ILD operators in accordance with section 18(1)(b) and (c) of the Act;

"fraud tracking account" means the account referred to in regulation 4;

"fraud tracking account charge" means the charge to be levied on international incoming calls in respect of fraud tracking and paid by every ILD operator into the fraud tracking account;

"ILD operator" means an international long distance operator.

3. (1) Every ILD operator shall pay to the Authority a fraud tracking account charge in monthly instalments.

(2) Each monthly instalment referred to in paragraph (1) –

 (a) shall consist of such amount as the Authority may fix; and

 (b) shall be paid not later than 60 days after the end of that month.

4. A fraud tracking account shall be opened under the General Fund of the Authority –

(a) into which all fraud tracking account charges received by the Authority in accordance with these regulations shall be paid;

(b) out of which all payments required to be made by the Authority in relation to fraud tracking shall be effected.

5. Every ILD operator shall, at the time of paying the monthly instalment under regulation 3, submit to the Authority information on –

(a) the gross revenue generated from the provision of international incoming calls; and

(b) the number of minutes of incoming international calls which the
ILD operator terminates in Mauritius,

for the month in respect of which the payment is being effected.

6. Where a public operator fails to pay its monthly instalment as required under regulation 3, it shall, in addition to the amount due, pay a surcharge of one per cent per month on the amount due.

7. (1) Every ILD operator shall, for the purposes of these regulations, furnish to the Authority a true and certified copy of its audited financial accounts relating to its business operations not later than 3 months after the end of its financial year.

(2) The financial accounts referred to in paragraph (1) shall include information on –

 (a) the total revenue generated by the ILD operator from the provision of international incoming calls; and

 (b) the number of minutes of international incoming calls which the ILD operator terminates in Mauritius.

8. Any ILD operator which –

(a) furnishes any information to the Authority under these regulations which is false in a material particular;

(b) contravenes these regulations,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding one year.

9. 

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Information and Communication Technologies (Licensing and Fees) Regulations 2003

[GN 97 of 2003 – 21 July 2003] [Section 48]

1. These regulations may be cited as the Information and Communication Technologies (Licensing and Fees) Regulations 2003.

2. In these regulations –

"Act" means the Information and Communication Technologies Act;

"annual fee" means the fee specified in the fourth column of the Schedule and payable annually in respect of a licence;

"application fee" means the fee payable to the Authority for the processing of an application for a licence;

"initial fee" means the fee specified in the third column of the Schedule and payable on the grant of a licence.

3. Any person who wishes to operate an information and communication network or provides an information and communication service shall, notwithstanding any other enactment, apply for the appropriate licence specified in the Schedule.

4. A licence issued by the Authority shall be of such duration as shall be specified in the licence.

5. A non-refundable application fee of 2,000 rupees shall be paid to the Authority on application for a commercial or private network licence specified in the Schedule.

6. (1) Subject to paragraphs (2), (3) and (4), where the Authority grants a licence, it shall issue such licence on payment by the applicant of the initial fee.

(2) Where, on an application for a licence, the Authority grants the application, the applicant shall, not later than 3 months from the date on which the application is granted, take out the licence subject matter of the application.

(3) Where an applicant fails to comply with paragraph (2), the Authority may rescind its decision, unless the applicant has, on or before the expiry of the period of 3 months, applied to the Authority for an extension of time by giving reasonable grounds for his inability to operate the information and communication network or to provide the information and communication service within the specified period.

(4) Where the Authority grants an application for extension of time under paragraph (2), the applicant shall operate the information and communication network or provide the information and communication service within a period fixed by the Authority but not exceeding 3 months, failing which the Authority shall rescind its decision and no further request for an extension shall be entertained.

7. (1) Subject to regulation 10, every licensee shall pay to the Authority an annual fee on the date of issue of the licence and thereafter not later than 15 days before the expiry of the licence.

(2) –

(3) Where a new licence is issued in replacement of a licence which is surrendered to the Authority pursuant to section 51 of the Act, the expiry date of the new licence shall be deemed to be the expiry date of the surrendered licence.

8. The annual fee in respect of SPL.10 to SPL.39 type licences specified in the Schedule shall, where a licensee is assigned the exclusive use of the frequency band, be 3 times the corresponding annual fee specified for that licence.

9. (1) Subject to paragraph (2), where the Authority grants a licence for a period of not more than 3 months, the fee payable in respect of that licence shall be half the annual fee.

(2) Where the Authority grants a RA25 (Radio Amateur Visitor's) licence for a period of not more than 6 months, the licensee shall be exempt from payment of the annual fee.

10. Where an annual fee is in excess of 100,000 rupees, the Authority may authorise that the fee be paid in 12 monthly equal instalments, the first instalment being payable on issue of the licence and each remaining instalment being payable at latest on the first day of each subsequent month.

11. Where a licensee fails to pay the annual fee, or any instalment, as the case may be, within the time specified under these regulations, he shall, in addition to the amount due, pay a surcharge of 10 percent.

12. Where the annual fee remains unpaid for a period of 90 days as from the date the fee is due, the Authority may revoke the licence in accordance with the Act.

13. A licensee shall –

(a) refer for determination by the Authority any question of interpretation arising under his licence;

(b) be bound by any determination made by the Authority pursuant to a reference made under paragraph (a), until such time as the Tribunal or a Court of competent jurisdiction decides otherwise.

14. Where a licensee provides a telecommunications service or operates a telecommunication network, he shall within 14 days of the start of the provision or operation, notify the Authority in writing.

15. Where a licensee terminates the provision of a telecommunication service or the operation of a network, he shall, within 28 days of the termination, notify the Authority of the termination in writing.

16. - 17. 

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SCHEDULE

[Regulation 2]

CATEGORY 1 – COMMERCIAL

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