Telecommunications Provisions Act of Suriname
November 2004
National Regulations
The Telecommunications Provisions Act, enacted on 11 November 2004, lays out the legal framework governing telecommunications in Suriname. It aims to regulate the establishment, management, and operation of telecommunications infrastructure and services, ensuring their accessibility, efficiency, and compliance with international standards. The Act emphasises fostering technological innovation, encouraging fair competition, and protecting consumer rights. It also establishes the Telecommunication Authority Suriname (TAS) as the central regulatory body responsible for oversight, licensing, and dispute resolution within the telecommunications sector.
The Act is divided into several chapters addressing different aspects of telecommunications governance, such as licensing requirements, the management of telecommunications services, the obligations of service providers, and provisions for universal service. It also introduces regulations for broadcasting, interconnectivity, data security, and compliance with international treaties.
The overarching objective of the Act is to promote a robust and equitable telecommunications environment that aligns with societal and economic development goals. By defining clear roles and responsibilities for stakeholders, including government entities, private operators, and consumers, the Act seeks to establish a fair and transparent regulatory framework.
Key provisions of the act:
Chapter 1: General provisions
- Article 1 (Definitions): Defines key terms such as ‘telecommunications infrastructure,’ ‘concession holder,’ ‘Director of the Telecommunications Authority Suriname (TAS),’ ‘regulated services,’ and ‘number plans.’
- Article 2 (Establishment of TAS): Establishes the Telecommunications Authority Suriname (TAS) as the regulatory body with a director appointed for five years.
- Article 3 (Tasks of TAS): Outlines TAS’s roles, including promoting new technologies, advising the minister, issuing licenses, and managing the frequency spectrum and numbering plans.
Chapter 2: Licensing and concessions
- Article 9 (Concession requirement): Mandates concessions for developing and operating telecommunications infrastructure. These concessions are granted based on financial capability, technical expertise, and organisational competence.
- Article 10 (Radio frequencies): TAS allocates radio frequencies to concession holders, ensuring their effective use and quality standards.
Chapter 3: Services and interconnectivity
- Article 11 (Interconnection): Requires concession holders to interconnect their networks with fair and transparent conditions. TAS supervises this process.
- Article 13 (Regulated services): Providers of regulated services need TAS approval, with specific conditions set by the state.
Chapter 4: Universal services
- Article 40 (Universal service): Ensures certain telecommunications services are available to everyone at affordable prices and with specified quality standards.
- Article 42 (Universal service fund): Establishes a fund to support the provision of universal services, contributed to by concession holders.
Chapter 5: Special provisions for infrastructure
- Article 44 (Special telecommunications installations): Requires authorisation for operating specialised telecommunications facilities.
- Article 46 (Licenses for radio installations): Prohibits the operation of radio transmission facilities without TAS approval.
Chapter 6: Broadcasting
- Article 57 (Broadcasting council): Establishes the Broadcasting Council to advise on broadcasting matters and oversee compliance.
- Article 58 (Broadcasting licenses): Requires licenses for broadcasting programs, with conditions regarding their duration, scope, and compliance.
Chapter 7: Security and emergency services
- Article 32 (Interception prohibition): Prohibits unauthorised interception of telecommunications signals, with exceptions for national security and law enforcement.
- Article 31 (Emergency numbers): Mandates providing and securing access to emergency numbers with caller identification for effective response.
Chapter 8: Compliance and dispute resolution
- Article 22 (Dispute resolution): TAS resolves disputes between users, service providers, and concession holders regarding telecommunications services.
- Article 35 (Data security): Obligates service providers to safeguard data and comply with confidentiality requirements.
Miscellaneous
- Article 38 (Liability): Limits liability for service interruptions except in cases of negligence or intentional misconduct.
- Article 56 (Government exemptions): Exempts certain government telecommunications facilities used for state security or public safety from the regulations.