Telecommunications Act

Telecommunications Act, 2016

LONG TITLE

An Act to establish the regulatory frameworks necessary to facilitate the regulation, compliance, interoperability, safety and utilisation of telecommunications devices.

PREAMBLE

Her Majesty, by and with the advice and consent of Parliament, enacts as follows:

ARTICLE 1 - DEFINITIONS

  • Broadcaster - An individual or business that operates one or more Stationary Transmitter Devices
  • Ministry - Ministry of Telecommunications
  • Receiver Device - A wireless communication device that can only receive information broadcast by either a Stationary Transceiver Device or a Stationary Transmitter Device
  • Mobile Transceiver Device - A wireless communication device that can both send and receive information that is not necessarily located at a fixed location
  • Network Operator - An individual or business that operates one or more Stationary Transceiver Devices.
  • Stationary Transceiver Device - A wireless communication device that can both send and receive information that is located at a fixed location
  • Stationary Transmitter Device - A wireless communication device that can only transmit information that is located at a fixed location

ARTICLE 2 - USE OF STATIONARY TRANSCEIVER DEVICES

  1. No individual or business shall operate a Stationary Transceiver Device unless they are licensed to use the wireless spectrum in question by the Government.
    1. EXCEPT where the individual is acting on behalf of the Government.
  2. No individual or business shall operate a Stationary Transmitter Device unless they are licensed to do so by the Government.
    1. EXCEPT where the individual is acting on behalf of the Government.
  3. An individual or business that is licensed to use wireless spectrum shall register all Stationary Transceiver Devices with the Government.
    1. The Government shall levy a fee of Two-Hundred Dollars ($200.00) per stationary transceiver.
    2. The fee in the previous section may be amended in accordance with The Constitution Act (4.1).

ARTICLE 3 - USE OF MOBILE DEVICES

  1. All persons may operate a Mobile Transceiver Device that communicates with stationary transceiver devices in accordance with (2).
  2. All persons may operate a Mobile Receiver Device.

ARTICLE 4 - REGULATORY BODY

  1. The Ministry of Telecommunications shall be established.
    1. The Prime Minister shall lead the Ministry.
    2. The Ministry shall be responsible for:
      1. The allocation of wireless spectrum.
      2. The regulation of tariffs charged by network operators.
      3. The registration of stationary transceiver devices in accordance with (2.2).
    3. The Ministry shall:
      1. Publish a list of all licensed Network Operators and Broadcasters in Schedules 2 and 3, respectively.
      2. Publish a list of all Stationary Transceiver Devices and Stationary Transmitter Devices in Schedule 4. This list shall include:
        1. The location of the transceiver.
        2. The operator of the transceiver.
      3. Publish a list of all wireless spectrum allocations, which shall include the name of the region, as well as the name of the Network Operator in Schedule 5.
  2. The Ministry may revoke a Broadcaster's or Network Operator's licence if they violate the terms of said licence.

ARTICLE 5 - BROADCASTING REGULATIONS

  1. All Broadcasters shall:
    1. Announce the callsign of their Stationary Transmitter Device hourly, on the hour, while the Stationary Transmitter Device is broadcasting.
      1. EXCEPT: When otherwise granted an exemption by the Ministry.
    2. Operate their Stationary Transmitter Device(s) in accordance with their licence terms as set out by the Ministry.
    3. Refrain from broadcasting Offensive Material between the hours of 7am and 8pm (Ottawa, Ontario, Canada Time).
      1. Offensive Material is content that meets one or more of the following criteria:
        1. Video content that portrays pornographic material.
        2. Video content that is excessively violent.
        3. Video content that makes excessive use of Foul Language.
        4. Video content that incites hatred or violence toward a particular group.
        5. Audio content that makes excessive use of Foul Language.
        6. Audio content that incites hatred or violence toward a particular group.
      2. For the purposes of the previous section, excessive use of foul language is defined as more than eight (8) combined uses of the following words, or combinations of the following words, in a single piece of content:
        1. Cunt
        2. Fuck
        3. Goddamn
        4. Shit
      3. For the purposes of the previous section, a single piece of content is defined as:
        1. For audio, a song, or spoken word segment.
        2. For video, a single video.
    4. Broadcast no more than ten (10) minutes of commercial advertisements per hour of broadcasting.

ARTICLE 6 - COMMENCEMENT

  1. This Act comes into force on the day it receives Royal Assent.

SCHEDULE 1 - CHARTER OF THE SERVER BROADCASTING CORPORATION

  1. The Server Broadcasting Corporation (SBC) shall be established as a business.
  2. The Government shall be the sole shareholder of The SBC.
  3. The SBC shall be granted an unlimited number of Stationary Transmitter Device licences for the purpose of carrying out their business.
  4. The SBC shall broadcast content:
    1. Such that wide variety of musical tastes are catered to.
    2. That reflects the diverse demographics of the server.
  5. The SBC shall:
    1. Broadcast a weekly newscast lasting no less than two (2) minutes every half hour on the hour and on the thirtieth minute of every hour.
    2. Not broadcast any non-Government commercial advertisements.
  6. The SBC shall operate:
    1. No less than one (1) and no more than four (4) audio networks.
    2. No more than two (2) video networks.
  7. The SBC may:
    1. Broadcast content in any Official, or Recognised Language.

SCHEDULE 2 - LIST OF LICENSED NETWORK OPERATORS

SCHEDULE 3 - LIST OF LICENSED BROADCASTERS

SCHEDULE 4 - LIST OF STATIONARY TRANSCEIVER AND TRANSMITTER DEVICES

SCHEDULE 5 - LIST OF WIRELESS SPECTRUM ALLOCATIONS