Regulation

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Tuesday, 01 September 2020 14:01

REGULATION

Written by Sioeli Hia

Communication Act 2015 has directed key areas where regulations is needed as a second instrument to guide the regulator in managing and administering communication services across Tonga. From time to time, regulations will be developed or updated to meet the technological changes and consumer interest. The following regulations below are active and in place to help the Regulator achieving its power, function and roles:

Radio Spectrum

The Radio Spectrum Rules were effective in July 1st, 2019 as a guideline for managing and planning of radio frequencies within the Kingdom in a way that is safer and securer for not only the licensed users but to the communities and our citizens.

This regulations act as a guide for the Ministry on in administration process including type of licenses, fees, exempt equipment, direction to maintain its register, license eligibility and requirements, application processes, procedures and it time-frame, validity of licenses, as well and conditions for transfer and renewal of an existing license.

To operate a radio communication equipment, you must have a license approval from the Ministry of Communications (MEIDECC) to make sure your radio communication equipment and its operating frequencies meet the requirements through an application process.

National Frequency Allocation Table and National Spectrum Plan

National Frequency Allocation Table (NFAT) is a table list of frequencies allocated for each radio communication services for Tonga that is derived from an International Frequency Allocation Table (IFAT) developed by the International Telecommunication Union (ITU) for its Regions. Tonga is under the Asia-Pacific Region - Region 3, hence, Tonga is adopting ITU's IFAT for Region 3 as its NFAT.

For such radio communication service allowed to be used in Tonga, that service and its operating frequency must have been allocated on the NFAT. For e.g., for an operator to request for a cellular frequency on GSM900 band, Tonga's NFAT must have allocated this band for International Mobile Telecommunication (IMT) or simply mobile cellular service.

The National Spectrum Plan is the summary of usage that each allocated bands on the NFAT is being nationally used for. You can find this on the NFAT document.

Click here to download to download the NFAT.(New version of NFAT is to be released early this year 2021(Version 2021))

To apply for a radio spectrum license, please visit here to download the application form here.

License Types and Fees

The purpose of license fees is to allow the regulator to properly administer the Act and Rules of communication, and to continually seek improvement in efficiently administering the Act.

Most fees apply annual fixed charges while the heavy-used blocks of frequencies apply annual charges per bandwidth (BW).

Please refer to Schedule 1 of the Spectrum License Rules 2019 for fees of each license types including its validity.

Frequency Block Assignment Formula

Annual fees for frequencies assigned in a block of frequencies can be calculated from its the amount of frequencies (bandwidth, BW) assigned using the formula below:

Annual license fee = BV * BW * CF * GEO * FBF

BV - the base value of the block based on the service type
BW - bandwidth of the block in MHz
CF - the coverage factor between 1 and 5 to be determined by the regulator based on the coverage of the radio network
GEO - the geographical factor between 0.1 and 2.0 to be determined by the density of the area it provides radio services to.
FBF - the frequency band factor between 0.1 and 2.0 to be determined by the potential value of the band portion.

License Exemption

As implies by the Radio Spectrum License, the public can operate these radio equipment on assigned frequencies without the need to obtain a license or to pay a license fee.

To use these frequencies, your equipment must meet the technical standards adopts by approved certification and standardization bodies. Meeting recommended standards allows your equipment to minimize any cause for radio interference with other radio equipment within or near the licensed frequencies.

The list of radio equipment exempt from licensing can be found on Schedule 2 of the Radio Spectrum Rules 2019.

Click here to download Radio Spectrum Rules 2019.

Technical

Technical Rules 2018 were cited and came into force in exercising of powers conferred by section 78 of the Communications Act 2015.

The following radio equipment among others, are required by the Technical Rule 2018 to be type-approved prior to being marketed for use in Tonga, or sold, or otherwise supplied for use in Tonga:

Cellular mobile terminals
Cellular base stations
Cellular repeater stations
Wireless microphones
Emergency position indicating radio beacons (EPIRB)

Through application, the application shall clearly describe the radio equipment or devices with key specifications including the manufacture of the equipment/device, model number and clearly identify and provide evidence of technical standards and conformity of certifications the equipment/device have obtained.

These certifications include but not limited to the following:

CE marking
FCC Declaration of Conformity
CCC mark
KCC mark
VCCI mark, and/or
BSMI mark

The processing of an application takes approximately 3 - 5 working days before granting a certificate.

For more Information, contact us or click here to download the Technical Rules 2018.

Numbering Rules 2018

The Numbering Rules 2018 were cited and came into force in exercising of the powers conferred by section 70 of the Communications Act 2015.

All numbers to be used for communications across Tonga are established and maintained by the Ministry through proper allocation, assignment and also consider reserve of numbers.

To be eligible for these numbers, application must hold a valid communication licence granted by the Ministry.

It is at the discretion of the Ministry to award numbers for such application with some criteria of assessing applications set as below:

eligibility of the applicant
type of service the numbers intended for (Allocation Plan)
the time it takes for the numbers to be activated or in service
the rate of utilisation of existing assigned numbers for the same service

For mobile and fixed numbers, each assignment block per application contains 10,000 numbers, while Toll Free and Premium Services numbers assign single number per application.

The Ministry may withdraw any assigned numbers from licensees if the purpose of uses is inconsistent with this Numbering Rules and/or Plan, condition given on assignment were not met and if the licensee ceased operation.

For more information, contact us or click here download the Numbering Rules2018.

Tariff

The Tariff Rules 2018 were cited and came into force in exercising of the powers conferred by section 64 of the Communications Act 2015.

Tariff Rules established in a way that allows customers to easily understood such charges to such communication services including circumstances of choosing one over the other. This also includes clear description of tariffs involve discounts, rebates, and credits.

The Tariff Rules states that all retail licensees are required to notify the Ministry of its tariffs before or at the same time as those tariffs take effect including new, variation or revocation.

The following retail services are bounded to this Tariff Rules:

Cellular mobile telecommunication services
Fixed telephony services including other voice services such as VoIP
Internet access services
Voicemail

The Ministry wishes to inform public that retail tariffs of communications services are at the discretion of the licensees or service providers.

For more information, contact us or click here to download the Tariff Rules 2018.

Interconnection & Access

The Interconnection Rules 2017 were cited and came into force in exercising of the powers conferred by section 132 of the Communications Act 2015.

Its purpose is to make broadband services more available to residents of Tonga at affordable prices. These rules also include a plan for the reduction of wholesale prices from time to time. While these rules do not have power over the retail prices, it does have the major facts that would allow retail prices to reduce as well.

For more information, contact us or click here to download the Interconnection and Access Rules 2018.