Bill Proposed To Aid 5G Growth

The Government gazetted the Telecommunications (Amendment) Bill 2021 today, altering the Telecommunications Ordinance’s provisions to cater for the application and development of 5G and Internet of Things services.

The bill, in which four major amendments to the ordinance are proposed, will be introduced into the Legislative Council for first and second readings on July 14.

The Government proposed to clearly stipulate the Communications Authority’s powers and duties to focus on regulating the telecommunications functions of smart products equipped with Internet connection functions, including their telecommunications technical standards and specifications.

With the integrity of telecommunications infrastructure and the stability of telecommunications services becoming more important, the Government also sought to criminalise offences against people who do not take reasonable steps and measures to protect or prevent damage to an underground telecommunications line when carrying out underground work near the line, drawing reference from the existing statutory safeguards for other public utilities.

The authority will draw up guidelines to provide clear specifications and guiding principles, and set out work safety guidelines and preventive measures for the sector.

The sector may use these guidelines as a defence in complying with the legislation concerned, the Government said, adding that the authority will consult relevant sectors and stakeholders on the guidelines in due course.

In addition, the bill proposed to empower the Secretary for Commerce & Economic Development to specify by notice in the Gazette certain licences as non-carrier licences, in order to facilitate the introduction of innovative services by the sector and enable more effective regulation of such services by the authority.

Finally, the Telecommunications (Competition Provisions) Appeal Board will be renamed as the Telecommunications Appeal Board, whose functions and powers will be expanded so that it can handle appeals in addition to those relating to exploitative conducts engaged by a licensee. Licensees can appeal to the appeal board if they are aggrieved by certain regulatory decisions of the authority.