SAMOA

Postal and Telecommunications
Services
1999, No. 10

Arrangement of Provisions

PART I
PRELIMINARY

1. Short title and commencement
2. Interpretation
3. Act to Bind the State
4. Repeal of Acts

PART II
MINISTRY

5. Ministry of Posts and Telecommunications
6. Functions of the Ministry
7. Powers of the Minister

PART III
LICENSED PROVIDER OF SERVICES

8. Licensed Provider of Services
9. Enforcement of Licence Conditions
10. Transfer of Assets

PART IV
THE SPECTRUM
MANAGEMENT AGENCY

11. Spectrum Management Agency
12. Functions of Agency
13. Powers of Agency
14. Constitution of Agency
15. Delegation of Powers
16. Public Inquiries
17. Advisory Guidelines
18. Accreditation
19. Enforcement
20. Review of Decisions
21. Interference Disputes
22. Charges

SCHEDULE

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AN ACT to progressively repeal parts of the Post Office Act 1972 and to make provision for the delivery of postal and telecommunication services by a service provider licensed under this Act, and for related purposes.

[30 June 1999]

BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:-

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited as the Postal and Telecommunications Services Act 1999.

(2) This Act shall come into force on the 1st day of July 1999 (the "commencement date").

2. Interpretation-(1) In this Act, unless the contrary intention appears -

"Minister" means the Minister responsible for Posts and Telecommunications;

"Ministry" means the Department established under section 5;

"licensed provider of services" means the body corporate licensed under section 8.

(2) For the purposes of construing any Part of the Post Office Act 1972 that continues in force at any time after the commencement date, any reference to the -

(a) "Post Office" shall be deemed to be a reference to the licensed provider of services under this Act;

(b) "Minister" shall be deemed to be a reference to the Minister under this Act.

3. Act to Bind the State - This Act shall bind the State.

4. Repeal of Acts-(1) The Acts, or Parts of Acts, stated in the Schedule are repealed.

(2) Any Part of the Post Office Act 1972 not specified under subsection (1) shall be deemed to be repealed upon the promulgation of any Regulation under this Act making provision for the matters covered by any such Part, and which is made for the purpose of repealing that Part.

(3) Any Regulation made under the Post Office Act 1972 and in force as at the commencement date shall continue in force and be deemed to have been made under this Act.

PART II
MINISTRY

5. Ministry of Posts and Telecommunications - (1) There is established a Department of the Government to be called the Ministry of Posts and Telecommunications.

(2) The Ministry shall be under the control of the Minister.

6. Functions of the Ministry - (1) The Ministry shall have and undertake such functions as are necessary for the due and proper administration of this Act and other Acts administered by the Ministry, and for the development of an efficient and commercially viable communications policy for Samoa.

(2) Without limiting the general functions stated in sub-section (1), the Ministry shall have the following functions -

(a) To provide policy advice on all matters relating to the provision of postal and telecommunications services;

(b) To monitor the provision of postal and telecommunications services;

(c) To advise the Minister on all matters relating to the grant and operation of licences for the provision of postal and telecommunications services;

(d) To encourage and promote the provision and availability of high quality and affordable postal and telecommunications services to the public;

(e) To assist in the establishment of a regulatory environment which will facilitate the development of postal and telecommunications services in Samoa which are efficient, competitive and responsive to the public;

(f) To advise on the technical nature of the postal and telecommunications services available in Samoa and whether they are adequate and sufficiently advanced having regard to the services available outside Samoa; and

(g) To advise on any developments in the postal and telecommunications industry.

7. Powers of the Minister - (1) The Minister shall have general superintendence and control over all matters relating to postal services and telecommunications which fall within the competence of the government.

(2) For the purposes of carrying out its functions, the Minister may -

(a) Give such directions on matters relating to postal and telecommunications matters to the staff of the Ministry as he thinks fit in connection with the administration of this Act or any other Act administered by the Ministry;

(b) Ensure that the licensed provider of services is acting in compliance with the government policy on postal services and telecommunications services and is in compliance with the conditions of the licence granted to it under the Act;

(c) Exercise such powers as are conferred on him by the Parts of the Post Office Act 1972 that continue in force after the commencement date;

(d) Delegate to the licensed service provider any of the powers referred to in paragraph (c); and

(e) Exercise such other powers as are reasonably necessary for the effective performance of the functions of the Minister and to delegate any of those powers to any member of the staff of the Ministry.

PART III
LICENSED PROVIDER OF SERVICES

8. Licensed Provider of Services-(1) The Minister shall grant an exclusive licence to a body corporate to be the licensed provider of postal and telecommunication services in Samoa, on such terms and conditions -

(a) As are prescribed; and

(b) As are determined by the Minister to be consistent with any prescribed condition and in compliance with the policy of the government on postal and telecommunications services.

(2) In the event that the licensed provider of services is a company incorporated under the Companies Act 1955, then the following provisions shall apply notwithstanding any provision to the contrary in the Companies Act -

(a) The Government of Samoa may be the sole shareholder of the licensed provider of services and the share may be held in the name of "the Government of Samoa";

(b) No action may be taken to wind up the company or to force the sale of any of its assets that are from time to time determined by the Minister to be necessary for the provision of postal and telecommunications services; and

(c) No shares may be offered for transfer, or be obtained by any person, in satisfaction of any debt owed by the company, and any purported transfer that is inconsistent with this provision shall be void and of no effect.

9. Enforcement of Licence Conditions - Where the Minister is satisfied that the holder of a licence has failed to meet the terms and conditions of the licence, the Minister may -

(a) Revoke, vary or impose further conditions on the licensee; and

(b) Take such other steps to ensure that there is a continuation of postal and telecommunications services notwithstanding any action taken under subsection (a).

10. Transfer of Assets-(1) The Minister may authorise the transfer to the licensed provider of services of any assets previously owned by the Post Office.

(2) In relation to any transfer made under subsection (1) the Minister may impose any condition that he thinks fit as to the payment by the licensed provider of services for the assets transferred or as to any matter relating to the use of those assets.

PART IV
THE SPECTRUM MANAGEMENT AGENCY

11. Spectrum Management Agency - The Spectrum Management Agency is hereby established.

12. Functions of Agency-(1) The Agency shall be responsible for the orderly and efficient operation of the telecommunication spectrum including the use of frequency bands and all forms of radio transmissions or emissions.

(2) The Agency shall have the following functions -

(a) To prepare spectrum plans, frequency band plans, marketing plans and conversion plans;

(b) To settle interference disputes;

(c) To conduct public inquiries relating to the use of a part or parts of the telecommunications spectrum;

(d) To make advisory guidelines;

(e) To accredit any person seeking to make transmissions by radio, television, or otherwise;

(f) To determine and allocate frequency bands or any other matters relating to the transmission of radio communications (whether by satellite or otherwise);

(g) To advise the Minister on matters relating to the telecommunications spectrum;

(h) To provide annual reports to the Minister on the work of the Agency;

(i) To ensure that the use of the telecommunications spectrum is consistent with any applicable international protocols or standards; and

(j) Such other functions as are conferred on the Agency by this or any other Act.

13. Powers of Agency - The Agency has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

14. Constitution of Agency - The Agency shall be made up of a Manager appointed by the Head of State on the advice of Cabinet and other employees appointed or employed under the Public Service Act 1977.

15. Delegation of Powers - The Agency may delegate any of its powers to a member of the staff of the Agency.

16. Public Inquiries - The Agency shall have the same powers and privileges as a Commission of Inquiry under the Commissions of Inquiry Act 1964 to conduct public inquiries in relation to this part of the Act.

17. Advisory Guidelines - The Agency may make advisory guidelines about the use of the telecommunications spectrum.

18. Accreditation - The Agency may, by written instrument, determine and give to a person an accreditation of a particular kind according to accreditation principles determined by the Agency.

19. Enforcement - The Agency shall appoint inspectors to investigate offences committed against any of the provisions of this Act and are authorised to carry out search warrants, seizures and obtain evidence in accordance with law.

20. Review of Decisions - The Agency may upon application by an aggrieved party reconsider its decision on matters pertaining only to such functions as prescribed under this section.

21. Interference Disputes - The Agency may appoint an arbitrator to settle interference disputes in accordance with the provisions of the Arbitration Act 1976.

22. Charges - The Agency may, in writing, make determinations fixing charges for recovering its costs in relation to any matter to do with services and facilities provided by the Agency.

SCHEDULE

Repealed Acts

1. Post Office Act 1972 - Parts II, VII and XI

2. Philatelic Corporation Act 1984

3. Telecommunications Corporation Act 1984.

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