Section 2: Interpretation

2. Interpretation In this Act— “access” means access by a person to the facilities and services of a licensee excluding interconnection for the purpose of providing information and communication services; “access agreement” means an agreement which sets out the terms and conditions pursuant to which a licensee grants access to a person where the services operated by the latter do not require the interconnection of physical networks; “allocation” means the entry of a given frequency band in the Mauritius Frequency Allocation Table to be used by one or more terrestrial or space radio communication service, or the radio astronomy services; “authorised officer” means the officer designated as such under section 25; “Authority” or “ICT Authority” means the Information and Communication Technologies Authority established under section 4; “Board” or “ICT Board” means the Information and Communication Technologies Board referred to in section 5; “broadcasting” means the emission or transmission of sounds or images for reception by the public; “certificate” means a document issued by a certification authority for the purpose of supporting digital signatures, which purports to confirm the identity or other significant characteristics of the person who holds a particular key pair; “certification authority” means a person duly authorised under the Electronic Transactions Act to issue a certificate; “charging principles” means the principles that may be prescribed for use in determining the prices to be charged from or by a licensee under an access agreement and an interconnection agreement; “Competition Commission” means the Competition Commission established under section 4 of the Competition Act; “computer” means any device for storing and processing information whether or not the information is derived from other information by calculation, comparison or otherwise; [Issue 9] I12 – 2 Revised Laws of Mauritius “computer system” means a device or combination of devices, including input and output support devices, but excluding calculators which are not programmable, and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data that performs logic, arithmetic, data storage and retrieval, communication control and other functions; “Controller” means the Controller of Certification Authorities referred to in the Electronic Transactions Act; “Council” means the ICT Advisory Council established under section 34; “data” means information recorded in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose; “domain name” means a unique alpha-numeric designation used to access a computer on the Internet and all domain names located in the name hierarchy; “dominant operator” means a licensee who, by the terms of his licence or by reason of his share in the market or the availability to him of technological ability, infrastructure or capital, has a substantial degree of power in the market for the supply of an information and telecommunication services, including a telecommunication service; “electronic transaction” means any transaction conducted over a network, using computers, information and communication technologies, including telecommunications; “Executive Director” means the Executive Director of the Authority appointed under section 14; “facility” means— (a) any part of the infrastructure of an inf infrastructure or capital, has a substantial degree of power in the market for the supply of an information and telecommunication services, including a telecommunication service; “electronic transaction” means any transaction conducted over a network, using computers, information and communication technologies, including telecommunications; “Executive Director” means the Executive Director of the Authority appointed under section 14; “facility” means— (a) any part of the infrastructure of an information and communication network, including a telecommunication network; or (b) any line, cable, radio, equipment, antenna, tower, mast, tunnel, pit, pole or other structure or thing used, or intended for use, in connection with an information and communication network, including a telecommunication network; “financial year” means the period extending from 1 July in any year to 30 June in the next ensuing year; “frequency band” means a continuous frequency range of spectrum; “information” means data, text, images, sounds, codes, computer programmes, software, databases or the like; “information and communication industry” means any entity— (a) carrying on a business; or (b) engaged in any commercial activity, connected with information and communication technologies; I12 – 3 [Issue 9] Information and Communication Technologies Act “information and communication network”— (a) means a network for the transmission of messages; and (b) includes a telecommunication network; “information and communication service” means any service involving the use of information and communication technologies, including telecommunication services; “information and communication technologies” means technologies employed in collecting, storing, using or sending out information, including those involving the use of computers or any telecommunication system; “intercept” means intercept by listening or recording, by any means, a message passing over an information or communication network, including telecommunication network, without the knowledge of the person originating, sending or transmitting the message; “interconnection” means the linking up of 2 information and communication networks, including telecommunication networks so that users of either network may communicate with users of, or utilise services provided by means of, the other network or any other information and communications network, including telecommunication network; “interconnection agreement” means an agreement, made between 2 or more licensees, which sets out the terms and conditions— (a) for interconnection between the facilities in the information and communication networks, including telecommunication networks of 2 or more licensees; or (b) on which a licensee obtains interconnection to information and communication services, including telecommunication services supplied by another licensee; “International Mobile Station Equipment Identity” or “IMEI” means a unique number which is allocated to every individual mobile station equipment in the Public Land Mobile Network and which shall unconditionally be implemented by the Mobile Station (MS) manufacturer; “Internet” means a publicly accessible system of global interconnected computer networks which uses the Internet Protocol as its communication protocol to provide a variety of information and communication facilities; “Internet Protocol” or “IP” means a standard consisting of a set of rules governing digital data communication on the Internet; ividual mobile station equipment in the Public Land Mobile Network and which shall unconditionally be implemented by the Mobile Station (MS) manufacturer; “Internet” means a publicly accessible system of global interconnected computer networks which uses the Internet Protocol as its communication protocol to provide a variety of information and communication facilities; “Internet Protocol” or “IP” means a standard consisting of a set of rules governing digital data communication on the Internet; “licence” means a licence issued under section 24; “licensed certification authority” means a certification authority licensed by the Controller; “licensee” means the holder of a licence; “member” includes a Chairperson; “Mauritius Frequency Allocation Table” means the table where the spectrum plan for Mauritius is detailed; [Issue 9] I12 – 4 Revised Laws of Mauritius “message” includes any communication whether in the form of speech, or other sound, data, text, visual image, signal or code, or in any other form or combination of forms; “Minister” means— (a) the Minister to whom responsibility for the subject of Information and Communication Technologies Authority is assigned; but (b) in relation to sections 12, 34, 35 and 36, the Minister to whom responsibility for the subject of information technology and telecommunications is assigned; “Multiplex Operator” has the same meaning as in the Independent Broadcasting Authority Act; “network” means a communication transmission system that provides interconnection among a number of local or remote devices; “public operator” means a licensee who— (a) (i) owns or operates a public information and communication network, including a telecommunication network; or (ii) offers an information and communication service, including a telecommunication service to the public; or (b) owns or operates a network referred to in paragraph (a) (i), and offers a service referred to in paragraph (a) (ii); “radio communication” means any transmission, emission or reception of signs, signals, writings, sounds or intelligence of any nature, of a frequency less than 3,000 gigahertz, propagated in space without artificial guide; “radio spectrum” means the portion of the electromagnetic spectrum which is below 3,000 gigahertz; “service provider” means any person who provides an information and communication service, including telecommunication; “significant market power”, in relation to a public operator, means the position of the operator who, individually or jointly with any of its subsidiaries or others, enjoys a position equivalent to dominance in any specific market segment such that its position of economic strength affords it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers; “tariff” means the rate of any fee or charge which a public operator offers to claim for a service which it supplies; “telecommunication” means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems, whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to re-arrangement, computation or other processes by any means in the course of their transmission, emission or reception; I12 – 5 [Issue 9] Information and Communication Technologies Act “telecommunication equipment” means an electronic device intended for the purpose of telecommunicatio s, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems, whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to re-arrangement, computation or other processes by any means in the course of their transmission, emission or reception; I12 – 5 [Issue 9] Information and Communication Technologies Act “telecommunication equipment” means an electronic device intended for the purpose of telecommunication; “telecommunication network” means a system, or a series of systems, operating within such boundaries as may be prescribed, for the transmission or reception of messages by means of guided or unguided electromagnetic energy or both; “telecommunication service”— (a) means a service for carrying a message by means of guided or unguided electromagnetic energy or both; and (b) subject to paragraph (c), includes radio-communication; but (c) does not include public broadcasting; “Tribunal” or “ICT Appeal Tribunal” means the Information and Communication Technologies Appeal Tribunal established under section 36; “universal service” means an information and communication service, including a telecommunication service, determined by the Authority as being a service to be provided by a licensee to an area or sector not served or adequately served by the service. [S. 2 amended by s. 64 (2) (a) of Act 13 of 2004 w.e.f. 16 February 2009; s. 9 (a) of Act 1 of 2009 w.e.f. 22 May 2009; s. 7 (a) of Act 7 of 2009 w.e.f. 15 July 2009; s. 14 (a) of Act 38 of 2011 w.e.f. 15 December 2011; s. 26 (a) of Act 9 of 2015 w.e.f. 14 May 2015; s. 3 of Act 21 of 2016 w.e.f. 15 December 2016.] (S. 2 came into operation on 1 June 2002.)