Section 51: Transitional provision

51. Transitional provision (1) – (9) — (10) The type of licences defined in the First Schedule shall continue until and unless the Authority determines otherwise. [S. 51 amended by s. 3 of Act 33 of 2002; s. 14 (f) of Act 38 of 2011 w.e.f. 15 December 2011.] (S. 51 came into operation on 1 June 2002.) 52. — [Issue 9] I12 – 32 Revised Laws of Mauritius FIRST SCHEDULE [Section 24] INFORMATION AND COMMUNICATION LICENCES CATEGORY 1: COMMERCIAL Type Description A Network Infrastructure Provider To own and provide network infrastructure facilities to service providers and not to the public. The facilities shall include earth stations, cables, wireless equipment, towers, posts, ducts, and pits used in conjunction with other communication infrastructure and distribution facilities including facilities for broadcasting distributions, and does not include services such as provision of bandwidth or any other services covered by this Schedule. B Networking Services Provider B.01 Networking Services Provider (National) To provide networking services for national traffic, such as provision of bandwidth to service providers and not to the public. The service providers may either set up the physical infrastructure themselves or take the infrastructure from network infrastructure providers, but they shall not perform any activities covered under types B.02, C and D licences. B.02 Networking Services Provider (International) To provide networking services for international traffic of Internet service providers and Internet telephony service providers, such as provision of bandwidth to Internet service providers and Internet telephony service providers and not to the public. The service providers may either setup the physical infrastructure themselves or take the infrastructure from network infrastructure providers, but they shall not perform any activities covered under types C and D licences. continued on page I12 – 33 I12 – 32 (1) [Issue 9] ces for international traffic of Internet service providers and Internet telephony service providers, such as provision of bandwidth to Internet service providers and Internet telephony service providers and not to the public. The service providers may either setup the physical infrastructure themselves or take the infrastructure from network infrastructure providers, but they shall not perform any activities covered under types C and D licences. continued on page I12 – 33 I12 – 32 (1) [Issue 9] Revised Laws of Mauritius FIRST SCHEDULE—continued Type Description C Network Application Services Provider C.01 GMPCS To establish and operate Global Mobile Personal Communication System (GMPCS) by satellite for the public, whereby the network is satellite based and the satellite coverage extends over the territory of Mauritius. C.02 PSTN To establish and operate a Public Switched (fixed) Telephone Network (PSTN) and service to the public. C.03 PLMN To establish and operate a Public Land Mobile Network (PLMN) and service to the public. C.04 ILD To establish and operate an International Long Distance (ILD) network and service to the public. C.05 PMRTS To establish and operate a Public Mobile Radio Trunking System (PMRTS) and service to the public. C.06 Audiotex Service To operate a kiosk for the hosting of audiotex services whereby these services are accessed by the public via a fixed or mobile public telecommunication network. C.07 Data Service To establish and operate data services whereby these services are accessed by the public via a fixed or mobile public telecommunication network. C.08 Internet Service To provide Internet services to the public. The service providers may either use the public telecommunication network or set up their own last mile from their point of presence to the subscriber using any appropriate technology after taking the necessary spectrum licence where applicable. C.09 Internet Telephony Service To provide Internet telephony services to the public. The service providers shall use the Internet as the medium for voice conversation using (i) computers, (ii) a computer to a telephone abroad (iii) a telephone in Mauritius to a telephone abroad. No call shall be terminated on a PSTN/PLMN telephone in Mauritius or, any media gateway be established between the Internet and a PSTN/PLMN network of Mauritius. C.10 Facsimile Service To establish and operate switched or store and forward facsimile services accessible by the public via a public telecommunication network. C.11 Radio Paging Service To establish and operate a paging network and service to the public. C.12 Payphone Service To establish and operate payphone services to be accessed by the public. I12 – 33 [Issue 1] Information and Communication Technologies Act FIRST SCHEDULE—continued Type Description C.13 UMS To establish and operate a Unified Messaging Service (UMS) system to be accessed by the public. C.14 Alarm Monitoring Service To establish and operate an alarm monitoring network and service for the public, based on a public telecommunication network or private radio network. D Value Added Services To provide value added network application services to the public. This would include services such as electronic commerce and tele-trading. E Dealers’ Licence Includes selling, exposing or offering for sale or hire a radio communication or telecommunication apparatus or device. CATEGORY 2: PRIVATE NETWORK Type Description PVT To establish private networks which are used by organisations or corporate entities for their internal use only and which do not have any connectivity to a public PSTN or PLMN network. The private networks shall be set up using only the telecommunication resources of the network owner. CATEGORY 3: ENGINEERING Licences are issued for spectrum or frequency usage and for the use of radio apparatus or device. Spectrum or radio apparatus or device may be used by the licensed telecommunication network operators or telecommunication service providers or by private users for their private network. Station licences Type Description RA01 Aeronautical Base Station (erp less than 5 W). RA02 Aeronautical Base Station (erp equal to or more than 5 W but less than 100 W). RA03 Aeronautical Base Station (erp equal to or more than 100 W). RA04 Aircraft Station (maximum aircraft take off weight equal to or more than 14,000 kg). RA05 Aircraft Station (maximum aircraft take-off weight more than 3,200 but less than 14,000 kg). RA06 Aircraft Station (maximum aircraft take-off weight up to 3,200 kg). RA07 Coast Station. RA08 Port Station. RA09 VHF Maritime Base Station. [Issue 1] I12 – 34 Revised Laws of Mauritius FIRST SCHEDULE—continued Type Description RA10 Ship Station (Full Licence). RA11 Ship Station (VHF only). RA12 Private Mobile Radio Base Station. RA13 Private Mobile Radio (Repeater Station) Licence (where the licensee has been assigned the shared use of frequencies in a private mobile radio network or in a Private Access Mobile Radio Network). RA14 Inmarsat Mobile Earth Station (Types A, B, C, M and Mini-M). RA15 Radiolocation/Radiodetermination station. RA16 Earth Station (in a fixed satellite service). RA16A Portable Satellite communication terminal. RA17 Telemetry, Command and Ranging (TCR) Satellite Earth Station. RA18 Disaster recovery station. Apparatus licences RA19 Extended Radio-based Private Network device (ELAN/WLAN beyond one km range and/or EIRP>20 dBm). RA20 Radio Paging Transmitter. RA21 Local Area Private Radio Paging. RA22 Model Radio Control. RA23 Radio Amateur Licence (class A). RA24 Radio Amateur Licence (class B). RA25 Radio Amateur Visitor’s Licence. RA26 Radio Telemetry System. RA27 Low Power Radio Devices. RA28 Data Terminating Radio Devices operating in the band 2.4 to 3.5 GHz RA29 Data Terminating Radio Devices operating in the band 4.5 to 5.7 GHz RA30 Local Multipoint Distribution (LMD) transmitter (EIRP equal to or more than 5 W operating in the band 2.4 to 3.5 GHz). RA31 Local Multipoint Distribution (LMD) transmitter (EIRP equal to or more than one W but less than 5 W, operating in the band 2.4 to 3.5 GHz). RA32 Local Multipoint Distribution (LMD) transmitter (EIRP less than one W operating in the band 2.4 to 3.5 GHz). RA33 Local Multipoint Distribution (LMD) transmitter (EIRP equal to or more than 5 W operating in the band 4.5 to 5.7 GHz). RA34 Local Multipoint Distribution (LMD) transmitter (EIRP equal to or more than one W but less than 5 W, operating in the band 4.5 to 5.7 GHz). RA35 Local Multipoint Distribution (LMD) transmitter (EIRP less than one W operating in the band 4.5 to 5.7 GHz). RA36 MF/HF Radio Broadcasting Transmitter. I12 – 35 [Issue 1] Information and Communication Technologies Act FIRST SCHEDULE—continued Type Description RA37 VHF FM Radio Broadcasting Transmitter (EIRP equal to or more than one kW). RA38 VHF FM Radio Broadcasting Transmitter (EIRP equal to or more than 200 W but less than one kW). RA39 VHF FM Radio Broadcasting Transmitter (EIRP less than 200 W). RA40 Television Broadcasting Transmitter (EIRP equal to or more than one kW). RA41 Television Broadcasting Transmitter (EIRP equal to or more than 100 W but less than one kW). RA42 Television Broadcasting Transmitter (EIRP less than 100 W). RA43 Private Mobile Radio Apparatus (Mobile/Portable Station). RA44 VSAT/USAT (C, Ku, Ka band operation). RA45 Temporary test licence for frequency usage. Network Spectrum Licences Type Description SPL.1 Network Spectrum Licence (operating in the frequency band below one GHz). SPL.2 Network Spectrum Licence (operating in the frequency band equal to or more than one GHz but less than 3 GHz). SPL.3 Network Spectrum Licence (operating in the frequency band equal to or more than 3 GHz but less than 10 GHz). SPL.4 Network Spectrum Licence (operating in the frequency band equal to or more than 10 GHz). Fixed Radio Spectrum Licences Type Description SPL.10 Radio-relay Link Licence (operating in the frequency band below one GHz with bandwidth less than 12.5 kHz). SPL.11 Radio-relay Link Licence (operating in the frequency band below one GHz with bandwidth equal to or more than 12.5 kHz but less than 25 kHz). SPL.12 Radio-relay Link Licence (operating in the Frequency band below one GHz with bandwidth equal to or more than 25 kHz but less than 50 kHz). SPL.13 Radio-relay Link Licence (operating in the Frequency band below one GHz with bandwidth equal to or more than 50 kHz but less than 100 kHz). SPL.14 Radio-relay Link Licence (operating in the frequency band below one GHz with bandwidth equal to or more than 100 kHz). SPL.15 Radio-relay Link Licence (operating in the frequency band equal to or more than one GHz but less than 3 GHz with bandwidth less than one MHz). SPL.16 Radio-relay Link Licence (operating in the frequency band equal to or more than one GHz but less than 3 GHz with bandwidth equal to or more than one MHz but less than 7 MHz). SPL.17 Radio-relay Link Licence (operating in the frequency band equal to or more than one GHz but less than 3 GHz with bandwidth equal to or more than 7 MHz but less than 14 MHz). [Issue 1] I12 – 36 Revised Laws of Mauritius FIRST SCHEDULE—continued Type Description SPL.18 Radio-relay Link Licence (operating in the frequency band equal to or more than one GHz but less than 3 GHz with bandwidth equal to or more than 14 MHz but less than 28 MHz). SPL.19 Radio-relay Link Licence (operating in the frequency band equal to or more than one GHz but less than 3 GHz with bandwidth equal to or more than 28 MHz). SPL.20 Radio-relay Link Licence (operating in the frequency band equal to or more than 3 GHz but less than 5 GHz with bandwidth less than one MHz). SPL.21 Radio-relay Link Licence (operating in the frequency band equal to or more than 3 GHz but less than 5 GHz with bandwidth equal to or more than one MHz but less than 7 MHz). SPL.22 Radio-relay Link Licence (operating in the frequency band equal to or more than 3 GHz but less than 5 GHz with bandwidth equal to or more than 7 MHz but less than 14 MHz). SPL.23 Radio-relay Link Licence (operating in the frequency band equal to or more than 3 GHz but less than 5 GHz with bandwidth equal to or more than 14 MHz but less than 28 MHz). SPL.24 Radio-relay Link Licence (operating in the frequency band equal to or more than 3 GHz but less than 5 GHz with bandwidth equal to or more than 28 MHz). SPL.25 Radio-relay Link Licence (operating in the frequency band equal to or more than 5 GHz but less than 8 GHz with bandwidth less than one MHz). SPL.26 Radio-relay Link Licence (operating in the frequency band equal to or more than 5 GHz but less than 8 GHz with bandwidth equal to or more than one MHz but less than 7 MHz). SPL.27 Radio-relay Link Licence (operating in the frequency band equal to or more than 5 GHz but less than 8 GHz with bandwidth equal to or more than 7 MHz but less than 14 MHz). SPL.28 Radio-relay Link Licence (operating in the frequency band equal to or more than 5 GHz but less than 8 GHz with bandwidth equal to or more than 14 MHz but less than 28 MHz). SPL.29 Radio-relay Link Licence (operating in the frequency band equal to or more than 5 GHz but less than 8 GHz with bandwidth equal to or more than 28 MHz). SPL.30 Radio-relay Link Licence (operating in the frequency band equal to or more than 8 GHz but less than 10 GHz with bandwidth less than one MHz). SPL.31 Radio-relay Link Licence (operating in the frequency band equal to or more than 8 GHz but less than 10 GHz with bandwidth equal to or more than 1 MHz but less than 7 MHz). SPL.32 Radio-relay Link Licence (operating in the frequency band equal to or more than 8 GHz but less than 10 GHz with bandwidth equal to or more than 7 MHz but less than 14 MHz). SPL.33 Radio-relay Link Licence (operating in the frequency band equal to or more than 8 GHz but less than 10 GHz with bandwidth equal to or more than 14 MHz but less than 28 MHz). I12 – 37 [Issue 1] Information and Communication Technologies Act FIRST SCHEDULE—continued Type Description SPL.34 Radio-relay Link Licence (operating in the frequency band equal to or more than 8 GHz but less than 10 GHz with bandwidth equal to or more than 28 MHz). SPL.35 Radio-relay Link Licence (operating in the frequency band equal to or more than 10 GHz with bandwidth less than one MHz). SPL.36 Radio-relay Link Licence (operating in the frequency band equal to or more than 10 GHz with bandwidth equal to or more than one MHz but less than 7 MHz). SPL.37 Radio-relay Link Licence (operating in the frequency band equal to or more than 10 GHz with bandwidth equal to or more than 7 MHz but less than 14 MHz). SPL.38 Radio-relay Link Licence (operating in the frequency band equal to or more than 10 GHz with bandwidth equal to or more than 14 MHz but less than 28 MHz). SPL.39 Radio-relay Link Licence (operating in the frequency band equal to or more than 10 GHz with bandwidth equal to or more than 28 MHz). [First Sch. amended by GN 209 of 2003; repealed and replaced by GN 96 of 2003 w.e.f. 21 July 2003.] SECOND SCHEDULE [Section 9] I, ........................... of ........................................make oath/solemn affirmation as a ....................... and declare that—