Section 18: Functions of Authority

18. Functions of Authority (1) The Authority shall— (a) implement the policy of the Government relating to the information and communication industry; I12 – 11 [Issue 9] Information and Communication Technologies Act (b) provide economic and technical monitoring of the information and communication industry in accordance with recognised international standard practices, protocols and having regard to the convergence of technology; (c) promote and maintain effective competition, fair and efficient market conduct between entities engaged in the information and communication industry in Mauritius and ensure that this Act is implemented with due regard to the public interest and so as to prevent any unfair or anticompetitive practices by licensees; (d) advise and assist in the formulation of national policies with respect to the regulation of the information and communication industry; (e) act internationally as the national regulatory body of Mauritius in respect of matters relating to information and communication technologies; (f) exercise licensing and regulatory functions in respect of information and communication services in Mauritius, including the determination of types and classes of licensees and the approval of prices, tariffs and alterations thereto; (g) establish, for public operators, performance standards and linkage standards in relation to the provision of local and international telephone services, and monitor compliance with both standards; (h) report, in such manner as may be required, to the Minister or to any other person, on any matter that lies within its purview, such as the performance of public operators, the quality of consumer service and consumer satisfaction, measured against the best available international standards of practice; (i) ensure the fulfilment by public operators of their obligations under any enactment; (j) — (k) develop and, where appropriate, revise, accounting requirements and draw up a cost allocation manual for use by public operators; (l) regulate the security of data; (m) take steps to regulate or curtail the harmful and illegal content on the Internet and other information and communication services; (n) ensure the safety and quality of every information and communication services, including telecommunication service and, for that purpose, determine technical standards for telecommunication network, the connection of customer equipment to telecommunication networks; (o) entertain complaints from consumers in relation to any information and communication service in Mauritius and, where necessary, refer them to the appropriate authorities; [Issue 9] I12 – 12 Revised Laws of Mauritius (p) allocate frequencies and manage, review and, where appropriate, reorganise the frequency spectrum; (q) determine the numbering system to be used for every information and communication services, including telecommunication service, and manage, review, and, where appropriate, reorganise the numbering system; (r) set up a radio frequency management unit for the allocation, monitoring, control and regulation of radio frequencies and, with the approval of the Minister, participate in any regional monitoring system; (s) monitor every access or interconnection agreement and assist in the resolution of any dispute relating thereto; (t) monitor the use of information and communication services on any ship or aircraft; (u) control the importation of any equipment capable of being used to intercept a message; (v) re up a radio frequency management unit for the allocation, monitoring, control and regulation of radio frequencies and, with the approval of the Minister, participate in any regional monitoring system; (s) monitor every access or interconnection agreement and assist in the resolution of any dispute relating thereto; (t) monitor the use of information and communication services on any ship or aircraft; (u) control the importation of any equipment capable of being used to intercept a message; (v) regulate the conduct of examinations for, and the issue of, certificates of competency to persons wishing to operate any apparatus used for purposes of information and communication services, including telecommunication; (w) manage the Universal Service Fund established under section 21; (x) determine, whether as conditions of licences or otherwise, the universal service obligations and requirements; (y) authorise or regulate the registration, administration and management of domain names for Mauritius; and (z) be the Controller. (2) (a) Notwithstanding subsection (1), the Authority shall allocate and regulate the use of any frequency to any licensed broadcaster in the case of analogue broadcasting and to the Multiplex Operator in the case of digital broadcasting. (b) Subject to paragraph (c), the broadcaster or the Multiplex Operator shall pay to the Authority such fee as may be prescribed. (c) The Multiplex Operator shall be exempt from payment of any fee referred to in paragraph (b) for the broadcast, through transmission stations operated by it, of the proceedings of the National Assembly under any access agreement between the Multiplex Operator and the National Assembly. (3) The Authority shall furnish to the Minister— (a) an annual report of its activities; (b) an annual report on the development of the information and communication industry in the country, as may be prescribed; and (c) such reports and other information as may be required. I12 – 13 [Issue 9] Information and Communication Technologies Act (4) The Minister shall, at the earliest opportunity, lay a copy of a report submitted under subsection (3) (a) before the National Assembly. [S. 18 amended by s. 9 (b) of Act 1 of 2009 w.e.f. 22 May 2009; s. 7 (b) of Act 7 of 2009 w.e.f. 15 July 2009; s. 26 (b) of Act 9 of 2015 w.e.f. 14 May 2015; s. 8 of Act 21 of 2016 w.e.f. 15 December 2016.] (S. 18 came into operation on 1 June 2002.)