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Telecommunications Promulgation 2008 > Interpretation


In this Promulgation, unless the context otherwise requires -

‘‘access to facilities” means the making available of any elements or facilities of a telecommunications network or any telecommunications services to another party for the purpose of providing any kind of telecommunications services;

“annual gross revenue” means the annual gross revenue of the previous year from providing any telecommunications services excluding VAT, levies for Universal Service Fund and ADC and any other Government imposed levies passed through charges or, in the case of an entity that as at the relevant date has been providing telecommunications services for less that a year, an estimate of the annual gross revenue as so calculated based on the gross revenue for the part of the year ending with the relevant date;

“Authority” means the Telecommunications Authority of Fiji established by section 5;

“Board” means the Board of the Authority;

“Commerce Commission” means the Commerce Commission established under the Commerce Act;

“desist order” means an order made under section 79;

“determination” means a determination made pursuant to section 18;

“facility” means any element or physical component of a telecommunications network (other than consumer equipment), whether fixed or non-fixed, such as wires, lines, poles, masts, ducts, sites, towers, satellite earth stations, infrastructure, buildings, housing structures, any apparatus using radio spectrum, submarine cables, software systems, number translation systems, virtual network services and other resources used in the provision of a telecommunications service;

“Fund” means the Universal Service Fund established under section 53;

“licence” means a licence issued under Division 1 of Part 3;

“licensee” means the holder of a licence issued under this Promulgation;

“Ministry” means the ministry responsible for the administration of this Promulgation;

“number portability” means the ability of consumers to change service provider without having to change their telephone numbers;

“radio communication” means any telecommunications by means of electromagnetic waves;

“service provider” means any person or entity providing a telecommunications service;

“spectrum” means the continuous range of electromagnetic wave frequencies;

“spectrum licence” means an authorisation to use radio spectrum issued under Division 2 of Part 3;

“telecommunications” means the conveyance of one or more of the following -

(a) speech, music or other sounds;

(b) visual images;

(c) signals serving for the imparting of any matter otherwise than in the form of sounds or visual images;

(d) signals serving for the actuation or control of machinery or apparatus,

from one device to another, through the agency of electric, magnetic, electromagnetic, electrochemical or electro mechanical energy, or by means of fibre optic technology, or any other means or form of conveyance that may be developed in the future;

“telecommunications apparatus” means apparatus used in transmitting or receiving telecommunications that is conveyed by means of a telecommunications network;

“telecommunications network”
means transmission systems, switching or routing equipment and other resources which permit the conveyance of telecommunications;

“telecommunications policy” means any existing telecommunications policy approved by the Cabinet and includes the universal service policy;

“telecommunications service” means any service that enables or facilitates telecommunications;

“Tribunal” means the Telecommunications Appeal Tribunal established by section 61;

“universal service” means a universal service scheme devised under Division 4 of Part 3;

“universal service area” means a universal service area declared under section 49;

“universal service benefit” means a universal service benefit devised under section 51; and

“universal service obligation” means an obligation undertaken by or imposed on a licensee to provide services under section 50.
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