Any person, department and organization from domestic and abroad desirous of establishing and providing any of the following Telecommunications Services shall apply to the Department to obtain permission and license in accord with the stipulations: 

 (a) Network Facilities Service; 

 (b) Network Service; 

 (c) Application Service;

Person, department and organization from domestic and abroad who desires to keep in possession or use any Telecommunications Equipment determined by the Ministry to use only after acquiring the Telecommunications Equipment License, shall apply to the Department to get license in accord with the stipulations. Provided that, it is not required to apply the Telecommunications Equipment License for the followings: 

(a) keeping in possession and using Telecommunications Equipment bought and invested by the Service Licensee for his use; 

(b) keeping in possession and using Telecommunications Equipment obtained from the Service Licensee.

A licensee shall: 

(a) abide by this Law and rules, procedures, notifications, orders and directives issued under this Law; 

 (b) comply with terms and conditions contained in the license; 

 (c) pay license fees, license renewal fees, usage fees, service fees as well as other fees to be collected according to the technology or time requirement in accord with the stipulations; 

(d) abide by the relevant codes of practices, standards of performance and directives of the Ministry and Department; 

(e) to indemnify the nation in respect of the consequence of a breach or failure to comply with the terms and conditions contained in the license.

The Service Licensee shall: 

(a) comply with a frequency spectrum plan assigned and approved under this Law; 

(b) obtain permission and Service License again in accord with the provisions contained in Chapter III, if he desires to expand and provide any Telecommunications Service for which he has not yet obtained license, or to operate a joint venture or consortium with another licensee; 

(c) comply when directed to make necessary modifications or to temporarily suspend provision of any service based on the finding of an inspection or a notice that it is causing technical interference to another Telecommunications Service.

The Service Licensee shall maintain securely the information and contents that are transmitted or received through his Telecommunications Service and confidential personal information of each individual users, and shall not disclose and inform to irrelevant person except where allowed in accord with the existing laws.

The licensee of the Telecommunications Equipment shall: 

(a) keep and use the Telecommunications Equipment belonged to him only at the location specified in the license; 

(b) take measure not to affect the national security through the Telecommunications Equipment that he is allowed to use under the license; 

(c) comply with the directives by the Department with regard to the equipment used by him.

A person desirous of manufacturing, selling or distributing any Network Facility or Telecommunications Equipment shall apply to the Department in order to get the technical standard approval of the Network Facility or Telecommunications Equipment to be manufactured, sold or distributed by him in accord with the stipulations.

(a) The Service Licensee shall submit to the Department a proposed tariff for the service being provided, or for a new service to be provided, with regard to any Telecommunications Service.

The Service Licensee shall: 

(a) provide services in accord with the tariff approved under sub-section (b) of section 29; 

(b) if desirous of altering or cancelling the approved tariff, carry out only after receiving prior approval of the Department.

(b) The Service Licensee shall comply with the consumer protection standards.

Where a Service Licensee requests another Service Licensee for enabling access and interconnection of Network Services to Network Facilities for any Telecommunications Service, it may be carried out by the mutual agreement and with the approval of the Department.

In allowing each other, access into their network by the licensees: 

(a) it shall be on equitable and non-discriminatory basis. It shall not be of lower standard than the original service quality within the network; 

(b) it shall accept the inspection if the Department inspects the quality of standards according to necessity.

The Service Licensee shall not carry out any activity which has the effect of lessening competition in the Telecommunications Market.

The Service Licensee shall not enter into any understanding, agreement, arrangement or contract with any person, department or organization in respect of the following matters: 

 (a) price fixing in his own volition; 

 (b) market sharing with an aim to lessen competition; 

 (c) boycotting of a supplier or vendor of Telecommunications Equipment; 

 (d) unfair opposition to any competitor.

The Service Licensee shall not restrict a user from acquiring and using Telecommunications Equipment or Telecommunications Service only from him or from any other person.

The Service Licensee may, for enabling to make installation or connection of Network Facilities, carry out the following activities in the place granted permission with an agreement of both sides after negotiation including a time schedule with the relevant owner of land and building or the person who has authority to manage such land and building: 

(a) carrying out other necessary matters including entering, inspecting, measuring, taking records on levels, taking soil samples, digging pits, examining the surface soil for the purpose of enabling to select and decide whether the land site is suitable or not; 

(b) placing, laying, installing and connecting necessary Network Facilities above and under such land or water for the purpose of providing Network Service and related services and taking actions to ensure the security of the equipment; 

(c) entering for inspecting, maintaining and repairing the Network Facilities.

The Service Licensee shall, if there is a transfer of the ownership of the land and building where the agreement to do business contained in section 41 has been obtained by the licensee, seek agreement in order to continue with installation or connection of Network Facilities in the said land and building.

Where a Service Licensee installs, maintains, repairs, alters and removes the Network Facilities, he shall not cause any harm or obstruction to the public road, traffic, water traffic or air traffic.

The Service Licensee shall not enter upon any land without giving prior notice to the owner for making prior surveys for the purpose of installing or removing the Network Facilities.

The Service Licensee shall, in conducting installation or maintenance of the Network Facilities, take necessary preventive measures to minimize the damage.

Where a Service Licensee installs or maintains of his Network Facility, if it causes injury or death to a person or damage to any property due to negligence or willful failure of him, the injured or aggrieved person shall be entitled to compensation from the Service Licensee in accord with the stipulation.

The Service Licensee shall, in implementing any work under this Law which may affect any high-way road, street, railway, river, cannel, other water way, irrigated agricultural system, drain, water supply system, communications link, harbor works or other public or private works, or in erecting Network Facilities for Telecommunications Service above or under the ground using Network Facilities, carry out in accord with law in a manner having regard to the safety of any person or property.

Whoever provides Telecommunications Service without a license shall, on conviction, be liable to imprisonment for a term not exceeding five years and may also be liable to a fine.

Whoever commits any of the following acts shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine or to both. 

(a) Accessing and disturbing a Telecommunications Network, altering or destroying the determination of technical standards or the original form without the permission of the owner or a person who has the administrative right; 

(b) Releasing a virus or using any other means with an intention to cause damage to the Telecommunications Network; 

(c) Stealing, cheating, misappropriating or mischief of any money and property by using any Telecommunications Network; 

(d) Extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening to any person by using any Telecommunications Network.

Whoever keeps in possession or uses any Telecommunications Equipment restricted as requiring a license without having such a license shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine or to both.

Whoever commits any of the following acts shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine or to both. 

(a) communications, reception, transmission, distribution or conveyance of incorrect information with dishonesty or participation; 

(b) prohibiting, obstructing or interfering the transmission, reception, communication, conveyance or distribution of information without permission; 

(c) entering without the permission into the place restricted with the approval of the Department where Telecommunications Service are provided; 

(d) prohibiting, obstructing or disturbing any person who has been assigned duty on any Telecommunications Service by a licensee from serving his duty.

Whoever, unless for the matters concerning prosecution regarding Telecommunications, and unless authorized under court order to disclose, discloses any information which is kept under a secured or encrypted system to any irrelevant person by any means shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine or to both.

Any licensee who uses, keeps in possession, supplies or imports any Network Facility or Telecommunications Equipment that does not meet the prescribed technical standards shall, on conviction, be liable to imprisonment for a term not exceeding one year to a fine or to both.

Whoever deters, obstructs, or disturbs the discharge of official duty by the Department or inspection team formed by the Department under this Law shall be liable to imprisonment for a term not exceeding six months or to a fine or to both.

Whoever contravenes any prohibition contained in rules, regulations, bylaws, notifications, orders, directions and procedures issued under this Law shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine or to both.

Whoever attempts to commit any offence under this Law, or conspire or abets the commission of an offence shall be liable to the punishment provided in this Law for such offence.

(a) The offences under this Law shall be deemed as cognizable offence.