Communications Tariff, Numbering, Technical, Rules 2018 enters into force

22nd February, 2019 On 1^st March 2017, the Communications Act 2015 (‘the Act”) came into force.  The objective of the Act is to effectively regulate communications services in Tonga. And to achieve that objective, the Act was crafted in such a way that the Regulator for the communications sector (currently the Ministry responsible for Communications) is required to make secondary instruments, in this instance, rules, to supplement the implementation and application of the Act.

In compliance with the Act, the Regulator had developed a set of draft rules and as of mid-June, last year, 2018, the Regulator had commenced and undertaken a series of consultations with relevant stakeholders including TCC, Digicel, and EziNET. The draft rules comprise the –

1. Communications Tariff Rules 2018
2. Communications Numbering Rules 2018
3. Communications Technical Rules 2018
4. Communications Spectrum Rules 2018 (altogether referred to as “Rules”)

After reviewing the comments and feedbacks provided during the consultation period, the Regulator had finalized the draft rules (except for the Spectrum rules) and were eventually executed on the 6^th December, 2018, by the Chief Executive Officer for MEIDECC, Mr. Paula Ma’u. More so, the Rules (excluding the Spectrum Rules) were officially published in Gazette Supplement Extraordinary No.43 of 2018 dated 7^th December, 2018. This meant, as of 7^th December 2018, these Rules are of legal effect and have now come into force.

Communication Tariff Rules 2018

The Communications Tariff Rules 2018 were made pursuant to section 64 of the Act. And it basically specifies the –

(a)     tariffs and variation of tariffs for certain communications services or classes of communications services;

(b)     publication or disclosure of tariffs for certain communications services or classes of communications services;

(c)     penalties for contravening the tariff rules; and

(d)     the process for filing tariffs (including the form in which they shall be filed and any accompanying information required by the Regulator).

Communications Numbering Rules 2018

The Communications Numbering Rules 2018 were made pursuant to section 70 of the Act. And it specifies –

(a)     the process for submitting an application for an assignment of numbers;

(b)     the criteria for who is eligible to submit an application;

(c)     the process for the assignment of numbers by the Regulator;

(e)    rules about the use of numbers or particular number ranges;

(f)     rules identifying shared numbers and regulating how they can be used; and

(g)     the circumstances in which numbers can be surrendered, cancelled or withdrawn and the processes by which this can occur.

Communication Technical Rules 2018

 The Communications Technical Rules 2018 were made pursuant to section 78 of the Act. And it specifies –

(a)     the types of customer equipment that shall be approved before it is connected to a communications network in Tonga;

(b)     the criteria for the approval of customer equipment;

(c)     the process for certifying conformity with those criteria;

(d)     how the Regulator may recognise and apply rules, conditions and approval processes of other countries;

(e)     special arrangements for the certification of customer equipment already in use; and

(f)     process for the Regulator to accredit conformity assessment bodies in Tonga.

 Gazette No.43-2018

CommunicationsTariffRules2018(Tongan)

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CommunicationNumberingRules2018(Tongan)

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CommunicationsTechnicalRules2018(Tongan)

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