Dominica’s Telecommunications Act No. 8 of 2000

The Telecommunications Act 8 of 2000 of the Commonwealth of Dominica establishes the regulatory framework for telecommunications. his Act responds to Dominica’s commitment to the Eastern Caribbean Telecommunications Authority (ECTEL) Treaty, signed on 4 May 2000, with the purpose of fostering open competition, aligning telecommunications policies across the region, and ensuring fair, cost-based pricing for services.

The Act’s primary objective is to facilitate the growth of an efficient and competitive telecommunications environment, supporting national development and providing universal, affordable access to modern telecommunications services. The regulatory foundation within this Act aims to address technological advances and the evolving demands of consumers and businesses alike.

Overview of the Act:

Part I: Preliminary

• Sections 1–7 outline the objectives, definitions, scope, and authority granted under the Act. It binds the state and excludes certain military and government-operated networks. The Minister has the authority to exempt certain services and entities from the Act’s provisions.

Part II: The National Telecommunications Regulatory Commission

• Sections 8–28 detail the establishment, functions, and powers of the National Telecommunications Regulatory Commission (NTRC). It regulates telecommunications, ensures compliance, addresses disputes, and upholds service standards. The Minister has the authority to appoint Commissioners, with specific qualifications required. The NTRC has investigative and dispute resolution powers, conducts hearings, and submits an annual report to Parliament.

Part III: Licensing of telecommunications providers

• Sections 29–42 establish the licensing requirements for telecommunications providers. It prohibits the unlicensed operation of networks or services and outlines the process for individual and class licenses, including special licenses for emergencies. The Act also provides for the suspension, revocation, or modification of licenses under specific conditions.

Part IV: Universal service, interconnection, infrastructure sharing, numbering

• Sections 43–53 cover the provision of universal service, interconnection, and infrastructure sharing among providers. It mandates the creation of a Universal Service Fund to support telecommunications access, specifies interconnection and cost-sharing procedures, and addresses access to physical infrastructure, such as towers and underground facilities.

Part V: Compliance and management

• Sections 54–58 involve enforcement mechanisms, including the appointment of inspectors and procedures for inspection, search, and seizure. The Act permits court orders for forfeiture or injunctive relief in cases of non-compliance.

Part VI: Offences

• Sections 59–68 outline various offences, including unauthorised connection of equipment, unlawful interception, disclosure of personal information, and obstruction of investigations. Penalties include fines and imprisonment for breaches.

Part VII: Miscellaneous

• Sections 69–76 address issues such as message security, access to land for infrastructure, copyright, liability of officials, and the ability for diplomatic missions to establish telecommunications. The Act includes provisions for repealing previous telecommunications laws and gives treaty agreements the force of law.