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Written by: Zhang Jiamin
2021-07-09 10:57
The last update date: 2021-07-09 10:57
The Telecommunications (Amendment) Bill 2021 was gazetted today (9th) to amend the relevant provisions of the Telecommunications Ordinance (Chapter 106) to cater for the development of 5G and Internet of Things services, including the expansion of the Telecommunications (Competition Provisions) Appeal Board And renamed the Telecommunications Appeal Board; and stipulated the powers and responsibilities of the Communications Authority.
In addition, if underground works are carried out near telecommunications lines without protective measures, it may constitute a criminal offence in the future. The CA will formulate guidelines and consult the industry on this.
The Bill will have its first and second readings in the Legislative Council on July 14.
The amendments include amendments to section 32D of the Telecommunications Ordinance to clearly specify the powers and duties of the Communications Authority.
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The Government gazetted the Telecommunications (Amendment) Bill 2021 (the “Bill”) to amend the relevant provisions of the Telecommunications Ordinance (Chapter 106) to implement the recommended measures of the “Telecommunications Regulatory Framework Review” to support 5G And the application and development of Internet of Things services.
The amendments included amendments to section 32D of the Telecommunications Ordinance to clearly specify the powers and responsibilities of the Communications Authority, and to centrally regulate the telecommunications functions of the products.
The government also proposes to amend the provisions. If anyone fails to take reasonable steps and measures to protect or prevent damage to the underground telecommunications line when carrying out any underground works near the telecommunications line, it will constitute a criminal offence.
The CA will formulate guidelines to provide the industry with norms and principles, and formulate appropriate construction safety guidelines and preventive measures.
The guidelines can also allow the industry to use it as a defense when complying with relevant laws. The CA will consult relevant industries and stakeholders on the guidelines later.
In order to cope with the development of 5G, the amendments include that the Secretary for Commerce and Economic Development can designate certain licenses as non-transmitter licenses by publishing a notice in the Gazette.
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In order to cope with the development of 5G and the Internet of Things, the Bill will empower the Secretary for Commerce and Economic Development to designate certain licenses as non-transmitter licenses by publishing a notice in the Gazette, so as to facilitate the industry to launch innovative services and make the authorities more effective Regulation of new services.
In addition, the amendment has also expanded the powers of the existing Telecommunications (Competition Provisions) Appeal Board and renamed the Telecommunications Appeal Board, allowing the Appeal Board to deal with appeals other than exploitative conduct under Article 7Q of the current Telecommunications Ordinance.
If the licensee is not satisfied with the regulatory decision of the CA, he can submit a review to the Appeal Board.
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