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service, including, in particular, any one or more of the following services as may be specified in
the licence⎯
(a) a radiocommunication service;
(b) a fixed-line telephone service;
(c) a telegraph service;
(d) a telex service;
(e) a satellite telephone service;
(f) an Internet service;
(g) an electronic mail service;
(h) the leasing of telecommunication lines;
(i) such other telecommunication service as the Minister may prescribe for the purposes of
this section.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a
fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both
such fine and such imprisonment.13
(4) In addition to any punishment it may impose under subsection (3) and without derogation
from its powers under any enactment, a court convicting a person of contravening subsection (2)
shall declare forfeited to the State any equipment or apparatus used for the purpose of or in
connection with the offence:
Provided that the court shall not make such a declaration if the convicted person satisfies the
court that, for reasons which it shall record, there are special reasons in the particular case why
the equipment or apparatus concerned should not be forfeited.
(5) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the
Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation
to a declaration in terms of subsection (4).
35 Private telecommunication licence
(1) Subject to this Act, no person shall provide or operate a private telecommunication
service or system except in accordance with a private telecommunication licence.
(2) Subject to the terms and conditions of the licence, a private telecommunication licence
shall authorise the licensee⎯
(a) to provide or operate a private telecommunication service or system:
Provided that a person licensed to operate a telecommunication service referred to
in paragraph (a) of the definition of “private telecommunication service or system” in
subsection (1) of section two shall not establish or maintain a private automatic branch
exchange that is connected with a telecommunication system established, maintained or
worked by a telecommunication licensee unless the telecommunication licensee is
approved by the Authority as a supplier; and
13
Subsection amended by s. 4 of Act 22/2001.
Select target paragraph3
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