Commencement: 1st July 1984

LAWS OF TONGA

[1988 Ed.]

CHAPTER 96

TONGA TELECOMMUNICATIONS COMMISSION ACT

ARRANGEMENT OF SECTIONS

PRELIMINARY

SECTION

1. Short title.
2. Interpretation.

PART I - TONGA TELECOMMUNICATIONS COMMISSION

3. Tonga Telecommunications Commission.
4. Establishment of Tonga Telecommunications Board.
5. Termination of appointment.
6. Board meetings.
7. Personal interest to be disclosed.
8. Officers of the Board.

PART II - THE COMMISSION - POWERS AND DUTIES

9. Duties.
10. Powers.
11. Accounts.
12. Date of investiture.
13. Power to borrow money.
14. Annual Estimates.
15. Pensions of Government officers transferred.
16. Regulations

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Acts 20 1983 and 13 of 1984

AN ACT TO ESTABLISH A TELECOMMUNICATIONS COMMISSION TO CARRY ON A DOMESTIC TELECOMMUNICATIONS SERVICE IN THE KINGDOM

Commencement: [1st July 1984]

PRELIMINARY

Short title.

1. This Act may be cited as the Tonga Telecommunications Commission Act.

Interpretation.

2. In this Act, unless the contrary intention appears-

"Board" means the Tonga Telecommunications Commission Board;

"Chairman" means the Chairman of the Tonga Telecommunications Commission Board;

"Commission" means the Tonga Telecommunications Commission established under this Act;

"General Manager" means the General Manager of the Tonga Telecommunications Commission;

"Secretary" means the Secretary of the Tonga Telecommunications Commission Board;

"Subscriber" means any person or body who is recognised by the General Manager of the Tonga Telecommunications Commission the lessee of a telephone exchange as connection;

"Telecommunication" means any transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic system.

PART I.-TONGA TELECOMMUNICATIONS COMMISSION

Tonga Telecommunications Commission.

3. (1) There shall be a Tonga Telecommunications Commission.

(2) The Commission-

(a) is a body corporate;

(b) shall have a seal;

(c) is capable of acquiring, holding and disposing of real and personal property and of suing and being sued.

Establishment of Tonga Telecommunications Commission Board.

4. (1) There shall be a Tonga Telecommunications Commission Board. The Board shall consist of-

(a) the Prime Minister or Deputy Prime Minister who shall be Chairman;

(b) the Minister of Finance;

(c) the Chief of Secretary and Secretary to Cabinet;

(d) the General Manager;

(e) three representatives of the subscribers, who shall be appointed by the Cabinet in accordance with this section.

(2) A member of the Board appointed under paragraph (e) of subsection (1) of this section-

(a) shall, subject to this section, be appointed for a period of 3 years but is eligible for re-appointment; and

(b) holds office subject to good behaviour.

(3) In the event of a member of the Board appointed paragraph (e) of subsection (1) of this section ceasing to hold office before the termination of his period of office, the period of appointment of a person appointed in his place shall be the remainder of the period of office of the member so ceasing to hold office.

(4) A member of the Board shall be paid by the Commission such remuneration as may be prescribed by resolution of the Board.

Termination of appointment.

5. (1) If a member of the Board appointed under this Act-

(a) becomes permanently incapable of performing his duties,

(b) becomes bankrupt,

(c) resigns his office by writing addressed to the Chairman,

(d) is absent, except on leave granted by the Chairman, from all meetings of the Board held during two consecutive months,

the Cabinet shall terminate his appointment.

(2) In this section "month" means a calendar month.

Board meetings.

6. (1) The Board shall meet at such times and places as the Board determines or as the Chairman directs.

Notice of meetings.

(2) The Secretary shall give notice in writing to each member of the Board of the time and place appointed for each ordinary meeting, and the members shall attend such meetings without further notice of each meeting.

Chairman to preside.

(3) The Chairman shall preside at every meeting of the Board at which he is present.

(4) If the Chairman is absent from any meeting of the Board, then the Minister of Finance shall be Chairman of that meeting.

(5) Five members, of whom the Chairman shall be one, form a quorum at a meeting of the Board.

Voting.

(6) Questions arising at a meeting of the Board shall be decided by a majority of the votes of the members present and voting.

(7) The Chairman at a meeting of the Board shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

Personal interest to be disclosed.

7. A member of the Board who is directly or indirectly interested in a contract made or proposed to be made by the Commission shall disclose the nature of his interest at the first meeting of the Board at which he is present after the relevant facts have come to his knowledge.

Officers of the Board.

8. (1) The Board may by resolution from time to time appoint fit persons to be General Manager, Technical Officer, Finance Officer, Administration Officer, Commercial Officer and all such other officers as it thinks necessary to assist in the execution of the provisions of this Act, and may pay such persons such salaries and allowances as it thinks fit.

(2) In addition to his duties as General Manager, the General Manager shall also perform the duties of Secretary to the Commission.

PART II.-THE COMMISSION - POWERS AND DUTIES

Duties.

9. It shall be the duty of the Commission to operate, maintain and develop the domestic telecommunications system in an efficient and profitable manner to the best advantage and interest of the Kingdom.

Powers.

10. The Commission has such powers as necessary for the purposes of this Act, and in particular, and in addition to any other powers conferred on it by this Act, the Commission has power to-

(a) purchase or otherwise acquire and hold any personal property required for the purposes of this Act and may dispose of any such personal property no longer required for such purpose;

(b) purchase or acquire any leasehold interest in land or take on lease any land for the purpose of this Act;

(c) erect, equip and maintain plant, buildings, stations and equipment necessary for domestic telecommunications, and for otherwise carrying out the purposes of this Act;

(d) engage, employ, pay and dismiss such officers and staff as it deems necessary for the conduct of its business, in accordance with the provisions of this Act;

(e) provide for persons in its employment or their dependants by means of insurance, pension or provident fund or otherwise, pecuniary benefits upon retirement, death or termination of service or in the event of illness;

(f) enter into contracts for the supply of services essential domestic telecommunications;

(g) provide domestic telecommunications facilities for Government, commercial and private use and make charges therefor;

(h) compile and prepare, print, publish, issue, circulate and distribute, whether free or otherwise, such papers, directories, magazines, periodicals, books and other literary matter as may seem conducive to the objects of the Commission;

(i) make payment, otherwise authorised, to the Chairman and other members of the Board in respect of expenses incurred by them in attending meetings of the Commission and in carrying out their duties;

(j) impose, collect and retain for its own use such licence fees as are applicable under the provisions of the Radiocommunication Act;
Cap. 98

(k) make and levy rates of charge for domestic telecommunications service.

Accounts.

11. (1) The Commission shall keep proper accounts and other records in relation thereto and shall prepare in respect of each financial year ending on the 30th June, a statement of accounts.

(2) The accounts of the Commission shall be audited annually by an auditor to be appointed annually by the Commission.

(3) The accounts of the Commission accompanied by an annual report, as soon as may be after the close of each financial year and after audit, shall be published in such a manner as the Board decides and a copy thereof shall be forwarded to the Prime Minister.

Date of investiture.

12. The Commission shall come into being on the 1st July, 1984 and as of that date -

(a) the Commission shall take possession of all the assets and assume all liabilities of the Telegraphs and Telephones Department;

Cable and Wireless payments.

(b) the Commission shall become the recipient of only the "Terminal Share," which presently stands at 15 per cent, of the international revenue from Cable and Wireless under the terms of its franchise;
(Substituted by Act 13 of 1984.)

Taxations

(c) the Commission becomes liable for taxation as a statutory taxation body;

Dividend.

(d) 50 per cent of the net profit of the Commission shall be paid annually as a dividend to the Government of Tonga.

Power to borrow money.

13. The Commission may borrow such sums as it may require for meeting its obligations and discharging its functions under this Act.

Annual Estimates.

14. (1) The General Manager shall during the month of April in every year submit to the Board for approval estimates-

(a) of the amount of expenditure on the operation and maintenance of the system during the following year;

(b) of the amount of income expected to accrue to the Board during the forthcoming financial year;

Capital Expenditure.

(c) of the amount of capital expenditure required to develop the system and to replace depreciated assets for each of the following 5 years.

Estimates to be considered before 15th June.

(2) Such estimates shall be submitted by the General Manager to the Board at a meeting to be held not later than 15th of June in every year and thereat be considered by the Board with a view to their approval modification or otherwise.

Estimates are authority for expenditure.

(3) Such estimates after approval by the Board shall be sufficient authority to the General Manager or any other officer duly authorised in that behalf to expend the moneys of the Commission for the purposes specified therein up to an amount not exceeding the sums specified therein as being required for each particular object.

Estimates not to be exceeded.

(4) In no circumstances shall the General Manger or any other officer of the Commission expend any funds belonging to the Commission in excess of the amounts specified and approved by the Board for inclusion in such estimates without the approval of the Board conveyed by resolution.

Pensions of Government officers transferred.

15. In the event of any person employed by the Government in any pensionable office being transferred to the service of the Commission with the consent of the Cabinet and the Board, then such person shall retain all rights and privileges accrued to him under the Pensions Act and any regulations made thereunder, and on attaining the age provided by the Pensions Acts and any regulations made thereunder may retire with his pensions undiminished or affected according to law in that regard as if he had completed his service with the Government. The Commission shall pay the whole pension entitlement from a Pension Fund which may be set up by the Commission and the proportion attributable to the pensioner's period of service within the Civil Service shall be computed using the Civil Service Salary equivalent of the employees' current status. This computed amount will then be deducted from any dividend which the Commission shall pay to the Government.
Cap. 8

Regulations.

16. (1) The Commission may with the approval of Cabinet make regulations not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, or for the conduct of business of the Commission, and in particular prescribing penalties which shall not exceed $200 for any offence against the regulations.

(2) Regulations made pursuant to section 17 of the Telephones Act, as amended, shall remain in force and effect and be deemed to have been made pursuant to this section until amended or repealed by the Commission with the approval of Cabinet.

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[Subsidiary Legislation]

CHAPTER 96

TELECOMMUNICATIONS

Telephone Regulations

ARRANGEMENT OF REGULATIONS

REGULATION

1. Short title.
2. Interpretation.
3. Telephone services are covered by these Regulations.
4. Application for a telephone service.
5. Service connection fee.
6. Annual rental.
7. Security may be required.
8. Application may be refused.
9. Rates.
10. Service provided.
11. Extra equipment.
12. Extension stations.
13. Poles.
14. Road crossings.
15. Payment of charges.
16. When payments due.
17. Subscriber liable.
18. Non-payment of charges.
19. Restoration of service.
20. Refund.
21. Temporary remission.
22. Adjustment of rental.
23. Telephone exchange.
24. Telephone book.
25. Entries.
26. Party-lines.
27. Limitation.
28. Termination of party-line.
29. Private lines.
30. Private line equipment.
31. Private line to be compatible.
32. Temporary telephone service.
33. Temporary change of user.
34. Removal of service.
35. Disconnection.
36 Change of apparatus.
37 Transfer of connection.
38. Improper use of service.
39. Purported sale of service.
40. Supply of equipment.
41 Commission may inspect etc.
42. Defects to be reported.
43 Care to be taken.
44. Damage to equipment.
45. Defaulting subscriber.
46. Private circuits.
47. Supply of private circuits.
48. Cost of private circuits.
49. Poles for private circuits.
50. Period of lease.
51. Additional private circuit instruments.
52. Use of private circuits.
53. Private telephone line.
54. Permission for private line.
55. Use of private line.
56. Connection of private line to exchange.
57. Point of connection.
58. Fault in joint circuit.
59. Cost of repair of joint circuit.
60. Cost of repair of private section.
61. Construction of private lines.
62. Private lines along a road.
63. Removal of private line.
64. Location of private lines.
65. Private line crossing a road.
66. Private lines intersecting other lines.
67. Consent of owner required.
68. Traffic not to be impeded.
69. Emergency use of private lines.
70. Maintenance of private lines.
71. Inspection of private lines.
72. Breach of private line regulations.
73. Chairman to decide regarding private lines.
74. Public telephones.
75. General penalty.

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SECTION 16* - Telephone Regulations

Made by Privy Council

G. 139/77, G. 381/78, G.S. 37/79, G. 8/79, G.S. 37/79, G.S. 1/80,
G. 71/80, G. 167/80, G. 169/80, G.S. 7/83, G. 43/83, G. 235/83, G.S. 123/84

Commencement: [31st August 1971]

Short title.

1. These Regulations may be cited as the Telephone Regulations.

Interpretation.

2. In these regulations, unless the context otherwise requires-

"call charge" means the amount which the Superintendent is authorized to charge, calculated on the number of call units recorded in the subscriber's call meter installed in the telephone exchange;
(Inserted by G. 381/78.)

"Commission" means the Tonga Telecommunications Commission;
(Inserted by G.S. 123/84.)

"contract" means the agreement which is executed when application is made for telephone service;

"exchange" means a Commission telephone exchange;

"General Manager" means the general manager of the Tonga Telecommunications Commission, and includes any officer or other person acting under his authority or at his direction;

an "individual line" is a line connecting one subscriber's station with a telephone exchange;

"main station" as distinct from an extension station, means a subscriber's main telephone set, or in the case of a private branch exchange, the unit of switching equipment with which the subscriber's circuit from the telephone exchange is normally connected;

a "party line" is a line connecting two subscribers' stations with a telephone exchange;

a "private-line circuit" is a circuit provided and maintained by the Commission, usually within town limits, for and on behalf of a person, company or corporation, and used for some purpose other than that of a private telephone-line;

a "private telephone-line" is a line used for telephonic or other approved means of communication, and as a general rule adapted for being linked up with the Commission's telephone system as provided by these regulations, but not provided, erected, or maintained by the Commission;

"rental" means the amount which the General Manager is authorized to charge for the maintenance of the telephone equipment which forms part of a telephone exchange connection;
(Amended by G. 381/78.)

"subscriber" means the person who is recognized by the Superintendent as the holder of a telephone-exchange connection.

* Made under section 17 of the Telephones Act and deemed to be continued and made under section 16 of the Tonga Telecommunications Act.

Telephone services are covered by these Regulations.

3. All telephone services furnished by the Commission are subject to the conditions of the regulations set forth hereunder, or any amendments or extensions thereof.

Application for a telephone service.

4. All applications for telephone-exchange service must be made on the form supplied for that purpose. Any application made on behalf of a partnership or a company must be signed by one of the partners or by an authorized officer of the company respectively.

Service connection fee.

5. (1) A service connection fee as specified in Schedule I hereto is payable in respect of all new or additional connections (main stations), except that such fee is not payable in the case of the temporary connections provided for in regulation 32 nor in the case of a resumed connection (regulation 19). The service connection fee is an initial charge only, and is payable at the time of application for service. In the event of an application being refused, or in the cases where an applicant withdraws his application before any expenditure has been incurred in connection with the application, the service connection fee will be refunded.

(2) For the purpose of this regulation a new connection means a connection to premises which have not formerly been connected or a connection to premises from which previously existing service lines have been removed.

Annual rental.

6. (1) Except where temporary service is required as provided for in regulation 32, telephone service must be rented for a certain period of one year.
(Amended by G. 8/79.)

Provided that in cases where an unusual amount of capital expenditure is required to provide such service the usual term of contract will be extended to ensure the Commission receiving, by way of revenue, a reasonable return on the capital outlay.

(2) Telephone service will continue thereafter until the subscriber gives notice in writing that the service is to be discontinued or until the Commissions discontinues the service.

Security may be required.

7. The General Manager may, with the consent of Privy Council, either before or after, the acceptance of a telephone contract, and before or after the installation of a telephone connection, demand security, in such form and amount as he thinks necessary, for the payment of any telephone charges and failing compliance with his demand may cancel the contract and cause the premises to be disconnected from the telephone exchange, and any telephone instruments and apparatus to be removed.

Application may be refused.

8. The General Manager may, at his discretion, refuse to comply with an application for telephone-exchange service, or for the transfer of any existing telephone service, or for the construction of any telephone line.

Rates.

9. (1) Unless otherwise specified in these regulations, line service is furnished to stations at the annual rates and call charges prescribed in Schedule I hereto.
(Amended by G. 387/78, G.S. 1/80.)

(2) As from 1st July 1977 telephone service free of charge will be provided only for the Palace.

Service provided.

10. For the rates prescribed in regulation 9 the Department supplies one copy of the List of Subscribers for each telephone, and provides and maintains all necessary exchange equipment, subscribers' lines and telephones.

Extra equipment.

11. Extension telephones and miscellaneous equipment required within the same building or upon the same premises as the main station will be furnished and maintained by the Department at the annual rentals specified in Schedule 1 hereto.
(Substituted by G.S. 37/79.)

Extension stations.

12. The term "same premises" in regulation 11 covers various buildings detached from one another but on the same land as the main station and part of the same establishment. The General Manager may, however, authorize, in special circumstances, the installation of extension stations involving wires crossing a public street or road or another person's property. In such cases no installation charges are made in respect of the erection of the circuit or circuits between the main and extension stations, but a mileage charge at the rate specified in Schedule I hereto is imposed in respect of each circuit.

Poles.

13. (1) All poles in excess of one on private roads or private, property within or beyond the base-rate area are supplied, erected, and renewed at the cost of the subscriber or subscribers concerned, except that no charge is made in this respect-

(a) when the pole-line forms part of a route to be used in serving subscribers;

(b) when the pole-line is used for other Commission purposes;

(c) when there is an alternative route by public road; or

(d) in exceptional cases where Privy Council so directs.

(2) In the case of poles erected on private property, which are not within the exceptions outlined in sub-regulation (1), the cost of renewal with the exception of the pole nearest the public road must be borne by the subscriber irrespective of whether such poles have been erected prior or subsequent to the coming into force of these regulations.
(Amended by G. 8/79.)

(3) In cases in which a subscriber is unable to supply suitable poles the same may be purchased from the Commission and erected by, or at the cost of, the subscriber. In all cases the wires will be supplied, erected, maintained, and renewed by, and at the cost of, the Commission.

Road crossings.

14. In the event that a connection cannot be made safe by road crossing the Commission shall ensure that such crossing shall be made at a minimum of 18 feet above the crown of the road.

Payment of charges.

15. Rental and call charges for telephone service may be paid on a monthly, 2 monthly or quarterly basis: Provided that nothing in this Regulation shall prevent an agreement being made from time to time between the Commission and a subscriber as to the basis on which rentals and call charges shall be paid.
(Amended by G. 381/78, G. 43/83.)

When payments due.

16. The initial telephone rental commences on the date on which the service is made available to the subscriber, and is payable within 14 days after that date. All subsequent rentals are payable in advance on the first day of the monthly, 2 monthly or quarterly period.
(Amended by G.381/78, G. 8/79, G. 43/83.)

Subscriber liable.

17. The subscriber is in all cases responsible for charges of whatever nature incurred by the use of his telephone service.

Non-payment of charges.

18. If payment of any charges due to the Commission are not made within 14 days, the General Manager may, in his discretion, discontinue the connection of the subscriber, without prejudice to any proceedings for recovery of charges then due.
(Substituted by G. 381/78.)

Restoration of service.

19. In the event of any subscriber's service being discontinued in accordance with regulation 18 a reconnection fee of such amount as is specified in Schedule I hereto in addition to all other amounts due, is payable by the subscriber before the service is restored. If the instruments at the subscriber's premises have been removed, or if any portion of the circuit has been dismantled, a request or application for restoring the circuit is treated as an application for a new connection.

Refund.

20. Should a subscriber discontinue the renting of a service during the currency of a period for which rental has been paid in advance, a refund is granted in respect of the unexpired term, except that no refund will be granted where the period covered by the contract has not expired.

Temporary remission.

21. For periods not exceeding 12 months at any one time, and in circumstances approved by the Commission, a subscriber may temporarily relinquish his telephone service and be granted a remission of rental in respect of the period so relinquished, provided that no remission of rental will be made where the period of temporary relinquishment is less than one month. In no case will remission of rental be made where the period covered by the contract has not expired.

Adjustment of rental.

22. (1) In the event of the rental charges applicable to any subscriber's station being altered during the period for which rental has been paid in advance, adjustment will be made at the end of the quarterly period, in respect of the period affected by the alteration.
(Amended by G. 381/78.)

(2) In the event of a party-line subscriber being disconnected, line service to the remaining subscriber will be continued at the rate for individual service, and the amended rate will take effect from the first day of the month following.

(3) In the event of an individual line subscriber's station being connected with another subscriber's as a two party-line, the new subscriber must pay rental from the date of connection at the prescribed rate for two-party line service, but no alteration is made to the rental of the original subscriber until the first day of the month following.

Telephone exchange.

23. The telephone exchange shall maintain a continuous service.

Telephone book.

24. New issues of the List of Subscribers (one for each telephone instrument) shall be supplied free by the Commission in the first instance, any additional copies, or subsequent replacements of a current issue being charged for at the rate prescribed in Schedule I hereto.

Amendments to the list of subscribers shall be notified from time to time as necessary.

Entries.

25. For each subscriber's main station, one free entry will be published in the List of Subscribers. The rates for additional entry or entries in heavy type are specified in Schedule I hereto.
(Inserted by G.S. 1/80.)

Party-lines.

26. Party-line service is provided in base-rate areas only when the subscribers desiring to be connected with the same line can conveniently be served from the same point of distribution, or when the subscribers are located within a reasonable distance of each other or of the line. The reasonableness shall be determined by the Department in each case.

Limitation.

27. Party-line service shall be limited to two parties.
(Amended by G. 381/78.)

Termination of party-line.

28. When, in the opinion of the General Manager, the number of calls originating or received by one subscriber connected with a party line precludes a reasonable use of the line by the other party, the General Manager may require such subscriber to rent an individual line.

Private lines.

29. Persons who construct, own and maintain private telephone-lines to a pre-arranged point of connection with the Commission system may be furnished with individual, or two-party line service by paying the rates services.

Private line equipment.

30. For the equipment of a private telephone-line which forms part of a telephone-exchange circuit, the Commission shall provide for each station a telephone, lighting arrester, earth-place and inside wiring free of expense to the subscriber, and these shall remain the property of the Commission. No extra telephones or items of equipment, other than those for which rental is paid, may be connected with a private telephone-line. The Commission may upon application, supply material for renewing batteries, and also repair or replace a defective instrument free of charge if it is sent in to the telephone exchange by the subscriber.

Alternatively, subscribers on privately owned sections of exchange lines may arrange to have their telephone instruments maintained on their premises by the Commission by undertaking to pay the cost of the line-man's travelling-time and transit expenses beyond the point of connection with the Commission system. The Commission will not, however, undertake the maintenance of a private telephone-line.

Private line to be compatible.

31. Where an exchange line is a metallic circuit any private telephone-line connecting therewith must also be a metallic circuit. Where however, in the opinion of the Superintendent, an earth-working private telephone-line may be used without detriment to the service, such line may be connected to a commission metallic circuit provided the subscriber pays the cost of the transformers and any other apparatus that may be necessary for making the connection. The cost of maintaining all such additional apparatus must be paid by the subscriber.

Temporary telephone service.

32. (1) When telephone service is required for a shorter term than the period applicable under regulation 6 such service may be granted conditionally on the applicant or applicants paying, in addition to the estimated cost of the labour and perishable material involved in establishing the service, a minimum rental for two weeks in respect of each main station connection, as specified in schedule I hereto and a weekly rental thereafter plus call charges at the rate specified in Schedule I.
(Amended by G. 381/78.)

(2) The estimated cost of establishing the service and the minimum rental shall be payable at the time of application, and after the first fortnight the rental shall be payable weekly in advance. In the event of the subscriber ultimately deciding to have the temporary service converted to an ordinary permanent one, the usual contract shall be executed, and the prescribed charge shall take effect from the date of completion of the contract. In such a case the cost of making the connection shall be refunded, but the usual service-connection fee shall be paid. Temporary extension telephones may be installed upon payment of the usual installation charges as for temporary connections. Rental shall be charged at the rate specified in Schedule I hereto.
(Amended by G. 381/78.)

Temporary change of user.

33. In cases of temporary change in the occupancy of any premises connected with the exchange, the subscriber may relinquish and the temporary occupant assume the service subject to the following conditions-

(a) the form of transfer provided must be completed before the service is used by the temporary occupant;

(b) the rental to be paid will be according to the use under regulation 9 to which the connection is to be put by the temporary occupant, and will be the ruling rate for the class of connection;

(c) all charges in respect of the temporary use of the connection will apply as from date of transfer and rental is to be paid monthly in advance.

Upon the original subscriber resuming occupancy of the premises, the service shall be re-transferred to him and the form of transfer completed accordingly.

Removal of service.

34. Subject to the new location being approved by the Commission, subscribers may have their telephones and apparatus removed to other premises, or the positions of their telephones and/or apparatus altered, upon-

(a) giving sufficient notice;

(b) completing the form provided for the purpose;

(c) paying the removal fees as specified in Schedule I hereto.
(Amended by G. 8/79, G.S. 1/80)

Disconnection.

35. A subscriber removing from or giving up possession of the premises in which the telephone is situated shall give notice thereof to the General Manager who may thereupon disconnect the telephone and remove any instruments and fitting, but, notwithstanding such disconnection or removal, the General Manager may recover from the subscriber the rental and other charges payable to the end of the term agreed upon, or which may be due under these regulations.

Change of apparatus.

36. Subject to the approval of the Commission subscribers may obtain a change of apparatus upon agreeing to pay any additional rental involved and upon payment of installation charges.

Transfer of connection.

37. In cases of the transfer of a telephone-exchange connection the proper form of transfer, containing the transferor's consent to the transfer, must be executed, and any outstanding telephone-service dues paid before the transfer will be granted. Any rental held by the Commission in respect of the period subsequent to the date of transfer is credited to the account of the transferee. The transfer of a telephone involving its removal is granted only in exceptional circumstances or where the transfer is in respect of a connection still under contract, and on payment of removal charges.

Improper use of service.

38. A person who has entered into the occupation of any premises having telephone service shall not be entitled to make any use of the telephone until he has obtained a transfer; and if such person make use of the service before obtaining a transfer he shall be deemed to have assumed the service and, without prejudice to any liability of the subscriber or any right or power of the Commission, shall be liable for all amounts owing in respect of the service at the time he entered into occupation of the premises, as well as amounts which become payable in respect of any use of the telephone after that time.

Purported sale of service.

39. (1) A subscriber shall not sell or offer for sale his telephone service; neither shall a subscriber accept a monetary offer for the transfer of his telephone.

(2) If any subscriber violates this regulation or if any telephone connection is obtained by the violation of this regulation, the Privy Council may require the telephone service in respect of which the offence is committed to forfeited, and may give instructions for the premises to be disconnected from the exchange and for the removal of any telephone instruments and apparatus therefrom, and Privy Council may also order that the balance of any rent paid in advance shall be forfeited.

(3) Nothing in this regulation shall prevent the transfer of a telephone service to a new or existing subscriber, with the consent of the Commission, upon or in connection with a bona fide change of occupancy of the premises in which the service is installed.

Supply of equipment.

40. All telephone lines, instruments and fittings, in connection with the telephone exchange system, except where otherwise provided by these regulations, are owned, supplied and erected by the Commission, and, except with the authority of the Commission, no person other than an employee of the Commission may interfere with or make any additions or alterations to any wire, instrument, or fitting under the Commission's control. In the event of any such interference by any unauthorized person, the subscriber concerned is liable to have his service discontinued.

Commission may inspect etc.

41. Employees of the Commission, provided with proper means of identification if necessary, must at all reasonable times have free access to the premises of any subscriber for the purpose of inspection, removal, or replacement of the Commission apparatus therein.

Defects to be reported.

42. Defects in subscribers' telephone apparatus or installations shall be reported immediately to the exchange attendant.

Care to be taken.

43. The General Manager shall take all reasonable precautions to prevent damage or injury to subscribers or their premises from fire or other cause by reason of the installation of telephone apparatus.
(Amended by G. 8/79.)

Damage to equipment.

44. In the event of any instrument, battery or equipment on the premises of a subscriber being wholly destroyed or partially damaged through any agency whatever (other than fair wear-and-tear), the subscriber shall pay to the Commission, on demand, the cost of the Commission of replacing or repairing the instrument, battery, or equipment, except that no charge is made in respect of any instrument, battery, or equipment, accidentally destroyed or damaged by fire.
(Amended by G. 8/79.)

Defaulting subscriber.

45. (1) If a subscriber becomes a defaulter in respect of any charges due under the conditions of contract, or any other telephone charges due under these regulations, he shall not be furnished with telephone service of any kind until he shall have discharged his liability to the Commission.

(2) If the General Manager is satisfied that any service is obtained either in his own or any other name by a person who is, in the opinion of the General Manager, a defaulter in connection with any telephone service furnished by the Commission the General Manager may, without notice, cancel the contract, disconnect the telephone from the exchange, remove the name of the subscriber from the List of Subscribers, remove all wires, instruments, fittings and apply any surplus rental paid in connection with the service in reduction of the liability of that person to the Commission.

Private circuits.

46. At any place where, in the opinion of the General Manager, Commission circuits on existing poles or in telephone cables can conveniently be provided for signalling purposes or for the purpose of establishing direct communication between places of business or other premises associated with the same establishment without obtaining direct connection through the exchange, such circuits shall be leased and maintained by the Commission at a rental as prescribed in Schedule I hereto.

Supply of private circuits.

47. All telephones, other instruments and the inside wiring connected with private line circuits shall be supplied, installed and maintained by the Commission at the rate specified in Schedule I hereto.

Cost of private circuits.

48. If a private-line circuit or any portion thereof cannot be erected on any existing telephone poles and therefore necessitates the erection of new poles, the applicant shall be charged in addition to the annual rental specified in regulation 46, the cost of the labour in erecting such poles, and also any other initial costs in connection therewith which, in the opinion of the General Manager, the circumstances may warrant.

Poles for private circuits.

49. In the event of any poles being required on private property such poles shall be supplied, erected, and renewed at the cost of the applicant.

Period of lease.

50. The minimum period of lease in all cases shall be one year for each 1600 metres or part thereof of circuit leased.
(Amended by G.S. 7/83.)

Additional private circuit instruments.

51. No additional instruments may be installed or any alterations made to any private-line circuit by any person not employed by the Commission.

Use of private circuits.

52. The lessee of a private-line circuit shall use the circuit for his own bona fide business only, and shall on no account, directly or indirectly, allow the line to be used for any purpose which might be construed as an attempt to deprive the Commission of revenue.

Private telephone line.

53. A private telephone-line as heretofore defined may be used in either of the following respects-

(a) as part of a telephone exchange subscriber's line;

(b) as a means of communication between premises not connected with the Commission's telephone system.

Permission for private line.

54. Private telephone-lines may not be erected without first obtaining the written permission of the Privy Council, nor otherwise than in accordance with a specification approved by the General Manager.

Use of private line.

55. Private telephone-lines may not be used by any person or persons for hire or profit, or for any purpose which might be construed as an attempt to deprive the Commission of revenue.

Connection of private line to exchange.

56. Where a telephone exchange has been established, private telephone lines may, as indicated in regulation 53(a), be connected with the exchange upon the owners signing the prescribed form of application and paying the service connection fee and the charges prescribed for telephone exchange connections.

Point of connection.

57. When a private telephone-line is erected for the purpose of connecting with a Commission telephone exchange line the Commission shall decide at what point the private telephone-line may be connected with the Commission's exchange lines.

Fault in joint circuit.

58. When a telephone exchange circuit that is composed partly of a private telephone-line becomes faulty, the Commission may require that the owner of the private telephone-line first examine his section of the line and give an assurance that no faults exist thereon before the Commission's portion of the circuit is examined.

Cost of repair joint circuit.

59. If after receiving the assurance mentioned in regulation 58 the fault be found on the privately owned section of the line, the Commission may charge of the cost of examining its section to the owner of the private telephone-line.

Cost of repair of private section.

60. By arrangement with the Commission, a linesman may be made available to examine the privately owned section of an exchange line in order to remove a fault, provided that the services of the linesman can be spared, and that the owner of the private telephone-line undertakes to pay the whole cost of the work including labour, travelling time and expenses.

Construction of private lines.

61. The construction or maintenance of private telephone-lines shall not be undertaken by the Commission, but where competent Commission officers are available their services in a consultative capacity shall be given free of charge.

Private line crossing a road.

62. The construction of a private telephone-line along a road shall be subject to the owner obtaining a licence from the Privy Council; but such licence shall not abrogate the claims of Privy Council to the right to the road whenever such becomes necessary.

Removal of private line.

63. Any private telephone-line interfering with the construction or maintenance of any Commission line shall be liable to removal on the order of the Chairman of the Tonga Telecommunications Commission Board, notwithstanding that the erection of such private telephone-line may have been licensed previously.
(Amended by G.S. 123/84.)

Location of private lines.

64. (1) Private telephone-lines shall be confined to one side of the road.

(2) When a private telephone-line crosses a road the height of the line above the crown of the road shall be at least 5.5 metres.
(Amended by G.S. 7/83.)

Private line crossing a road.

65. Where a private telephone-line crosses from one side of a road to the other the angle formed by the original alignment and the portion of the line crossing the road shall approximate as closely as practicable to a right angle and shall not in any case exceed 135 degrees.

Private line intersecting other lines.

66. Where private telephone-lines intersect Commission lines, or electric lighting and power lines, the crossing shall be made in such a manner as may be considered necessary by the General Manager.

Consent of owner required.

67. No person may enter upon any land for the purpose of constructing or maintaining any private telephone-line except with the consent of the owner or occupier of such land or his authorized agent.

Traffic not to be impeded.

68. In maintaining, repairing, altering or removing any private telephone-line no unnecessary or avoidable obstruction shall be caused to the traffic along, or the use of, any road or navigable waters.

Emergency use of private lines.

69. In cases of accident or emergency, authorized officers of the Commission or of the Public Works Department shall have the right to cut in by means of portable telephones on any private telephone-line and make use of such line in the public interest.

Maintenance of private lines.

70. Private telephone-lines shall be maintained by the owners in good order and condition. The Commission may refuse to connect with its system an inefficient private telephone-line or may disconnect an inefficient private telephone-fine from its system.

Inspection of private lines.

71. For the purpose of ascertaining whether these regulations are being complied with, the General Manager or any person appointed by him in that behalf may at all reasonable times enter on the lands or premises used by or in occupation of the licensee.

Breach of private line regulations.

72. (1) If the licensee of any private telephone fails to observe any of the conditions or obligations imposed upon the licensee by these regulations, then in any such case it shall be lawful for the Privy Council to revoke the licence and to order that the private telephone-line be dismantled by and at the expense of the licensee, and within such time as the Privy Council may determine.

(2) If any such licensee commits a breach of any of these regulations or of the terms of any licence issued thereunder he shall be liable for any such breach to a fine not exceeding $20.

Chairman to decide regarding private lines.

73. The Chairman of the Tonga Telecommunications Commission Board shall be the sole judge as to whether the requirements of these regulations relating to the erection of private telephone-lines have been complied with; and he may from time to time cause inquiry to be made into any matter connected therewith or arising thereunder, in such manner as he thinks fit, and his decision shall be final; provided always that this clause shall not affect the rights of any person, corporate body, or local authority in cases of damage or injury for which an action by such person, corporate body, or local authority may lie against the licensee.
(Amended by G.S. 123/84.)

Public telephones.

74. (1) Telephones for the use of the public may be provided at such convenient places as the General Manager may determine.

(2) The charge for each call from public telephones shall be that prescribed in Schedule I.
(Substituted by G.S. 1/80.)

General penalty.

75. Any person convicted of any offence under these regulations shall, in the absence of any express penalty, be liable to a fine not exceeding $20.

________

SCHEDULE I

(Substituted by G. 381/78 and G. 167/80, Amended by G.S. 1/80, G.S. 7/83.)

CHARGES AND FEES

Regulation	Nature of Charge or Fee	Amount in $	
			
5	Service connection fee	30.00	
9 (i)	Base Annual Rental for		
	(a) Individual line	50.00	
	(b) Party line	40.00	
	(c) Coin Box Service Individual line	60.00	
	Call Charge for each local call of three minutes duration or less	0.10	
			
11	Annual Rental for Auxiliary equipment:		
	(a) Extension telephone	16.00	
	(b) Extension telephone coin box	26.00	
	(c) ) Private Manual Branch Exchange for each extension telephone	25.00	
	(d) Interphone equipment-for each set	20.00	
	(e) Extension Bells: Ordinary	4.00	
	Loud-Ringing	5.00	
	(f) Manual intercom telephones not connected with telephone exchange-each telephone	8.00	
			
12	Kilometre charge per 200 metres or part thereof, per annum	4.00	
19	Reconnection Fee	5.00	
24	Replacement copy of list of subscribers	1.00	
25 	(i) Main entry in heavy type: per line or part thereof	4.00 per edition	
	(ii) Extra entry in ordinary type: per line or part thereof	2.00 per edition	
	(iii) Extra entry in heavy type: per line or part thereof	4.00 per edition	
			
32	Temporary Telephone Service		
	(1) Rental per station		
	Minimum rental for two weeks	20.00	
	Thereafter for each seven days or part thereof	5.00	
	(2) Call charge for each local call of three minutes duration or less	0.10	
	(3) Rental for temporary extension telephone	5.00 per week or part thereof	
			
34 (A)	For removal of an exchange connection, an extension, a private branch exchange connection, or an extension including an associated telephone instrument-		
	(i) To another position in the same room	10.00	
	(ii) To another room in the same premises	15.00	
	(iii) To another premises		
	(a) Where all internal and external exchange line wiring already exists	15.00	
	(b) In all other cases	30.00	
			
	(B) For the removal of a private branch exchange or another equipment not specified in (A) above, such amount as the General Manager may determine having regard to actual cost involved in such removal. (Inserted by G.S. 1/80.)
	per week or part thereof	
46	Private Line Circuits Rental by Department per annum, per 400 metres or part thereof	8.00	
47	Rate per annum, for each telephone	8.00	
74	Charge for each local call of three minutes
duration or less	0.10	

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