{"kind":"expression","expression":{"expr_id":"1204","doc_id":"1204","label":"2026 Revision","is_as_enacted":"f","commenced_on":"2026-02-05","superseded_on":null,"valid_from":"2026-02-05","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2002\/4\/eng@2026-02-05","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2002\/4\", \"expression\": \"\/akn\/ky\/act\/2002\/4\/eng@2026-02-05\", \"manifestation\": \"\/akn\/ky\/act\/2002\/4\/eng@2026-02-05.pdf\"}, \"pdf\": {\"md5\": \"e450a1f529a6a7d6bc9ec8bc8264a67d\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2002\/2002-0004\/2002-0004_2026 Revision.pdf\", \"pages\": 76, \"filename\": \"2002-0004_2026 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 27904, \"paragraph_count\": 84, \"text_char_count\": 179199}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Information and CommunicationsTechnology Act (2026 Revision) Part 12 \u2013 Dissolution of Authority SCHEDULE 1 PROCEDURE OF THE BOARD SCHEDULE 2 A CODE TO GOVERN THE ACQUISITION BY LICENSEES OF RIGHTS OVER LAND AND ANCILLARY RIGHTS ENDNOTES Information and CommunicationsTechnology Act (2026 Revision) INFORMATION AND COMMUNICATIONS TECHNOLOGY ACT (2026 Revision) PART 1 - Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Information and Communications Technology Act (2026 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2.    (1)  In this Act \u2014 \u201cadministrative determinations\u201d includes any orders, regulations, directions, decisions, or other written determinations by which the Office establishes the legal rights and obligations of one or more licensees, but does not include any advisory guidelines; \u201cadministrative fee\u201d means a fee under section 30A; \u201cAdministrative Point of Contact\u201d means the person fulfilling the duties of manager of a specified Internet domain in accordance with rules and procedures published by the Internet Assigned Numbers Authority and the Internet Corporation for Assigned Names and Numbers or any other such entity being entities as are prescribed in regulations made under this Act; \u201cauthorised officer\u201d means a person authorised by the Office; \u201cCourt\u201d, other than in Schedule 2, means the Grand Court; Information and Communications Technology Act (2026 Revision) \u201ccritical ICT infrastructure\u201d means ICT systems and assets, whether physical or virtual, that are so vital to the Islands that the incapacity or destruction of the systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters; \u201cdocument\u201d includes an electronic document; \u201celectronic\u201d means relating to technology having electrical, magnetic, optical, electromagnetic or similar capabilities, whether digital, analogue or otherwise; \u201celectronic agent\u201d means a programme, or other electronic or automated means, configured and enabled by a person, that is used to initiate or respond to an electronic message, record or event in whole or in part, without review by an individual; \u201cemergency services\u201d means the police, fire, ambulance and such other emergency services as may be prescribed in regulations; \u201cGovernor\u201d means the person for the time being holding the office of Governor of the Islands, and includes any person for the time being lawfully performing the functions of that office under section 31 of Schedule 2 to the Cayman Islands Constitution Order 2009 [UK.S.I. 2009 No. 1379], and to the extent to which a Deputy appointed under section 34 of Schedule 2 to the Cayman Islands Constitution Order 2009 [UK.S.I. 2009 No. 1379] is authorised to act, that Deputy; \u201cICT\u201d means information and communications technology; \u201cICT infrastructure\u201d includes dark fibre; \u201cICT service\u201d means any information technology service, telecommunications service, electronic media and broadcast service, Internet service, digital library and commercial information service, network-based information service and related specialised professional service provided by electronic means and any other similar service and includes a service that consists of or includes the provision of ICT infrastructure; \u201cICT network\u201d means any network used in connection with the provision of an ICT service; \u201cinfrastructure sharing\u201d means the provision to licensees of access to tangibles used in connection with a public ICT network or intangibles facilitating the utilisation of a public ICT network; and, for the purposes of this definition \u2014 (a) \u201ctangibles\u201d includes lines, cables or wires (whether fibre optic or other), equipment, apparatus, towers, masts, tunnels, ducts, risers, holes, pits, poles, landing stations, huts, lands, buildings or facilities; and (b) \u201cintangibles\u201d includes agreements, arrangements, licences, franchises, rights of way, easements and other such interests; Information and CommunicationsTechnology Act (2026 Revision) \u201cinterconnection\u201d means the physical or logical connection of public ICT networks of different ICT network providers; \u201cinternet access\u201d means access to the Internet or to any similar global system for linking networks together using, as the basis for the communications, transmission protocols or internet protocols or any protocols amending or replacing them; \u201cjudge\u201d means a judge of the Grand Court; \u201cintermediary\u201d, with respect to a message, means a person or electronic agent who in any way processes that message for another person; \u201clicence\u201d means a licence granted under this Act; \u201clicensee\u201d means a person to whom a licence is granted by the Authority under this Act; \u201clicence fee\u201d means any of the following fees payable to the Office by an applicant or a licensee for a licence \u2014 (a)  an application fee; (b)  an annual fee: (c)  a renewal fee; or (d)  a one-time fee for each experimental licence or temporary licence; \u201clocal programming\u201d means sound or television broadcasting content made available in the Islands, by a licensee, without subscription, and includes things such as advertisements and announcements; \u201cmessage\u201d means a communication sent, delivered to, received or transmitted, or intended to be sent, delivered, received or transmitted by telecommunication and includes any information that enables the identification of the origin and destination of the communication and the date and time it was transmitted or received; \u201cMinister\u201d means the Minister responsible for information and communications technology (ICT); \u201cOffice\u201d means the Utility Regulation and Competition Office established under section 4 of the Utility Regulation and Competition Act (2024 Revision); \u201coriginator\u201d, in relation to a message, means a person who \u2014 (a) originally sends a message; (b) instructs another to send a message that has originated from that person on that person\u2019s behalf; or (c) configures and enables that person\u2019s electronic agent to initiate a message on that person\u2019s behalf, but does not include \u2014 (i) a person who sends a message on the instructions of another; or Information and Communications Technology Act (2026 Revision) (ii) a person acting as an intermediary with respect to that message; \u201cperson\u201d includes any corporation either aggregate or sole, any partnership or association, any undertaking, club, society or other body of one or more persons; \u201cpersonal data\u201d means data which relate to a person who can be identified \u2014 (a) from that data; or (b) from that data or other information which is in the possession of, or is likely to come into the possession of, the ICT service provider or ICT network provider, and includes any expression of opinion about that person and any indication of the intentions of the ICT service provider or ICT network provider or any other person in respect of that person; \u201cpublic officer\u201d has the meaning assigned to it by section 124(1) of the Constitution; \u201cregulations\u201d mean regulations made under this Act; \u201csubscriber\u201d, unless otherwise specified in this Act, means a person who is provided with an ICT service by an ICT service provider and includes the end user of that ICT service; \u201cTechnical Point of Contact\u201d means the person fulfilling the duties of the technical manager of a specified Internet Domain in accordance with rules and procedures published by the Internet Assigned Numbers Authority, the Internet Corporation for Assigned Names and Numbers or any other such entity being entities as are prescribed in regulations; \u201ctelecommunications\u201d means any form of transmission, emission or reception of signs, text, images and sounds or other intelligence of any nature by wire, radio, optical or other electromagnetic means; \u201ctype approval\u201d means the process by which the Office authorises the importation, sale or use of relevant telecommunications equipment in the Islands; and \u201cuniversal service\u201d means any of the categories of service specified by regulations made under section 61. (2)  For the purposes of the definition of the words \u201clicence fee\u201d under subsection (1), the annual fees, where applicable, payable to the Office by a licensee are \u2014 (a)  a radio licence fee that is payable to the Office for the authorisation \u2014 (i)  to operate, supply, import or deal in radio communications equipment; or (ii)  to establish or operate radio stations in the Islands on Cayman Islands\u2019 registered vessels or aircraft; Information and CommunicationsTechnology Act (2026 Revision) (b)  a regulatory fee that is payable to the Office on a quarterly basis by a licensee for the general regulatory services of the Office in respect of a licence; (c)  a royalty fee that is payable to the Office by a licensee in respect of a licence which equates to six per cent of the licensee\u2019s gross revenue as defined in the licence and which is charged and collected by the Office on a quarterly basis and subsequently paid to the Government; and (d)  a spectrum fee that is payable to the Office for the assignment or allocation of rights to use specified portions of the electromagnetic spectrum, whether on an exclusive or shared basis and includes any associated fee payable for the management, regulation or administration of spectrum resources relating to the functions of the Office. PART 2 - Powers and Functions of Office\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Repealed 3. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Repealed 4. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Repealed 5. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Repealed 6. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Repealed 7. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Repealed 8. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016]. Information and Communications Technology Act (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Powers and functions of Office 9. (1) Subject to this Act, the Office has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act. (2) For the purposes of this section, the Office shall \u2014 (a) allocate the electromagnetic spectrum for facilities and specified services within the Islands, or between the Islands and elsewhere; (b) determine methods for assigning the electromagnetic spectrum; (c) issue licences authorising the use of specified portions of the electromagnetic spectrum, including those used on any ship, aircraft, vessel or other floating or airborne contrivance or spacecraft registered in the Islands; and (d) institute procedures for ensuring the compliance by licensees with any obligations regarding the use of the electromagnetic spectrum, imposed by or under the licence, this Act or any regulations made hereunder. (3) Without prejudice to subsections (1) and (2), the principal functions of the Office are \u2014 (a) to promote competition in the provision of ICT services and ICT networks where it is reasonable or necessary to do so; (b) to advise the Minister on ICT matters, including compliance with Government\u2019s international obligations, market liberalisation and competitive pricing; (ba) to encourage the maintenance of a sufficient plurality of providers of different television and radio services; (bb) to promote the application, in case of all television and radio services, of standards that provide adequate protection to members of the public from the inclusion of offensive or harmful material in such services; (bc) to promote, through public education, research and development initiatives, ICT in the Islands; (c) to investigate and resolve complaints from consumers and service providers concerning the provision of ICT services and ICT networks; (d) to determine the categories of licences to be issued under this Act and the Electronic Transactions Act (2003 Revision); (e) to license and regulate ICT services and ICT networks as specified in this Act and the Electronic Transactions Act (2003 Revision); (f) to collect all fees, including licence fees, and any other charges levied under this Act or the Electronic Transactions Act (2003 Revision) or regulations made thereunder; Information and CommunicationsTechnology Act (2026 Revision) (g) to resolve disputes concerning the interconnection or sharing of infrastructure between or among ICT service providers or ICT network providers; (h) to promote and maintain an efficient, economic and harmonised utilisation of ICT infrastructure; (ha) to promote the proper functioning of the critical ICT infrastructure; (hb) to set up, manage and control the Cayman Islands cyber incident response team whose role it is to promote and enhance the security and resilience of the critical ICT infrastructure, and maintain an effective, efficient and innovative Internet environment; (hc) to develop and maintain cyber security strategies that enhance and support the security and resilience of national and critical ICT infrastructure towards increased economic prosperity, safe and secure business and innovation; (hd) to facilitate collaboration between the Government, other governments and agencies in support of cyber security information sharing and cyber security strategies towards local and global efforts in combating cyber threats; (he) to conduct a non-interference related spectrum analysis if requested by a person interested in capturing certain data for that person\u2019s internal use and the Office agrees to the analysis; (i) to be the sole person appointed under this Act to be the Administrative Point of Contact and the only person responsible for the management and control of the top level of the global Internet Domain Name System held in trust for the Internet and the Islands; (j) to act on any matter referred to it by the Minister or the Chief Executive Officer at the Office appointed under the Utility Regulation and Competition Act (2024 Revision); and (k) to carry out such other functions as are conferred on the Office by or under this Act or any other law. (4) The Office may regulate the rate, prices, terms and conditions of any ICT service or ICT network that is required to be licensed where the Office is of the opinion that it is in the interests of the public to do so.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Repealed 10. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Repealed 11. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016]. Information and Communications Technology Act (2026 Revision) Accounts and statements\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Repealed 12. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Repealed 13. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Repealed 14. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Repealed 15. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Repealed 16. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Repealed 17. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Repealed 18. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Repealed 19. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Repealed 20. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Repealed 21. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016]. Information and CommunicationsTechnology Act (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Repealed 22. Repealed by section 4 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016]. PART 3 - Licensing\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Licences 23. (1) The Office may grant licences in accordance with this Act. (2) Subject to subsections (3) and (3A), the Office, by notice published in the Gazette, shall specify the ICT services and ICT networks that are required to be licensed. (3) In relation to ICT networks or ICT services in either Little Cayman or Cayman Brac, the Cabinet may license such ICT networks and ICT services as it sees fit and on such terms and conditions as it sees fit. (3A) The Cabinet may, after consultation with the Office, by notice published in the Gazette, exempt a company from the requirement to obtain an ICT licence if the sole ICT network or ICT service that the company provides is the provision of ICT infrastructure to a wholly-owned subsidiary that is subject to this Act, and the exemption shall be subject to such terms and conditions as the Cabinet sees fit. (4) The Cabinet, upon the recommendation of the Office, may establish a class or classes of licence which are exempt from the Local Companies (Control) Act (2025 Revision). (5) No ICT network or ICT services licensed under this Act is required to be licensed under the Trade and Business Licensing Law (2026 Revision). (6) A licence may specify \u2014 (a) the operations which the licensee may undertake under that licence; and (b) the conditions to which the licensee is subject, including but not limited to pricing, service standards, Universal Service provision, infrastructure sharing, interconnection and spectrum utilisation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Regulations relating to classes of ICT service 24. The Cabinet may, by regulations, prescribe for any specified class or classes of ICT service as well as for \u2014 (a) the contents of such ICT service and the times when they can be provided; (b) the minimum amount of time on such ICT service a licensee shall devote to material containing matter of minority, cultural or educational interest and the times during which such matter shall be provided; Information and Communications Technology Act (2026 Revision) (c) the times within which advertisements relating to particular goods or classes of goods may be advertised; and (d) the maximum amount of time in any hour which may be used for advertisements and the maximum amount of time which can be used for that purpose.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Shares of licensee not to be issued or transferred without approval of the Office 25. (1) Where a licensee is a company (other than a company referred to in subsection (5)), the licensee shall not issue shares or a person owning or having an interest in shares in the licensee shall not transfer or otherwise dispose of or deal in those shares or that interest without the prior written consent of the Office whose consent shall not be unreasonably withheld; but the Office may refuse to give its consent where, among other things, it considers that the giving of the consent may result in a lessening of \u2014 (a) competition in the operation of ICT networks or the provision of ICT services; or (b) plurality of views in the print, radio or television media. (2) In subsection (1), the reference to shares being issued, transferred, disposed of, or dealt with includes the issue, transfer or disposal of, or dealing with either the legal or a beneficial interest in the shares. (3) A licensee or person who wishes to deal with shares as indicated in subsection (1) shall request the approval of the Office in writing, and the Office shall reply in writing to such request within thirty days of the receipt of such request. (4) Where the Office refuses to give its consent it shall give reasons in writing for such refusal. (5) The Office may, in respect of a licensee whose shares are publicly traded on a stock exchange recognised by the Cayman Islands Monetary Authority, waive the obligation to obtain consent under subsection (1), and any such waiver \u2014 (a) shall be subject to a condition that the licensee shall, as soon as reasonably practicable, notify the Office of \u2014 (i) any change in control of the licensee; (ii) the acquisition by any person or group of persons of shares representing more than ten per cent of the issued share capital or total voting rights of the licensee\u2019s issued share capital or total voting rights; or (iii) the acquisition by any person or group of persons of shares representing more than ten per cent of the issued share capital or total voting rights of the parent company of the licensee; Information and CommunicationsTechnology Act (2026 Revision) (b) shall be subject to a condition that the licensee shall, as soon as reasonably practicable, provide such information to the Office, and within such period of time as the Office may require, for the purpose of enabling an assessment as to whether persons acquiring control or ownership of the licensee in the circumstances set out in paragraph (a) are fit and proper persons to have such control or ownership; and (c) shall be subject to such terms and other conditions as the Office may deem necessary. (6) In the event of shares in a company which has not been granted a waiver under subsection (5) and which is a licensee under this Act vesting automatically through process of law in a person, the secretary or registrar of the company, as soon as that person becomes aware of such vesting, shall inform the Office of the number of shares and the identity of the person in whom they have vested, and the Office shall have power to impose conditions on the licence and to issue instructions as to the management and operations of the licensee. (7) Where \u2014 (a) a licensee or a person referred to in subsection (1) fails or refuses to obtain the consent of the Office in accordance with this section or proceeds to deal with shares where the Office has refused to consent to such dealing; or (b) a licensee fails to comply with subsection (5), the Office may, in accordance with this Act, suspend or revoke the licence. 25A. Media enterprises 25A. (1) For the purposes of this Part, a change of control shall be deemed to involve a media public interest if at least one of the persons involved in the transaction is a media enterprise. (2) A media enterprise is an enterprise involving either or both of \u2014 (a) broadcasting; and (b) publishing newspapers. (3) In determining whether a proposed change of control would be contrary to the public interest, the Office shall consider \u2014 (a) the need for the accurate presentation of news and the free expression of opinion in media; (b) the need, in relation to every different audience in the Islands, for there to be a sufficient plurality of persons with control of the media enterprises serving that audience; Information and Communications Technology Act (2026 Revision) (c) the need for the availability throughout the Islands of a wide range of content services, which (taken as a whole) are both of high quality and calculated to appeal to a wide variety of tastes and interests; and (d) the need for persons carrying on media enterprises, and for those with control of such enterprises to have a genuine commitment to the attainment of the information and communications technologies policy objectives.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Procedure for the grant of a licence 26. (1) A person who wishes to apply for a licence or the renewal of a licence shall, in accordance with a procedure determined by the Office submit an application for consideration by the Office, and the application shall be in the form approved by the Office and accompanied by the applicable licence fees. (2) The Office may where necessary, before granting or renewing a licence under this section, take into account the following matters \u2014 (a) whether the applicant possesses the technical qualification necessary to perform fully the obligations attached to the licence for which the applicant is applying; (b) whether, during the term of any current or prior licence, if any, the applicant has complied with all terms, conditions, specifications and requirements of any licence, order, directive, rule or regulation pertaining to such licence; (c) whether the applicant intends to perform the obligations attached to the licence for which the applicant is applying in a period of time which, in the opinion of the Office, is reasonable; (d) whether the applicant is a fit and proper person to be granted a licence; (e) whether the interests of subscribers, purchasers and other users of ICT services or ICT networks will be protected (f) whether competition among providers of ICT services and ICT networks will be promoted; (g) whether the applicant has, at the date of application for a licence or proposes to have within a specified time after a licence has been issued, participation by Caymanians and, if so, the nature and extent of any such participation, including without limitation, the level of beneficial ownership by Caymanians, if any, and any participation by Caymanians as directors, management or otherwise; (h) whether research, development and introduction of new ICT services and ICT networks will be promoted; (i) whether foreign and domestic investors will be encouraged to invest in the ICT sector; and Information and CommunicationsTechnology Act (2026 Revision) (j) whether the public interests of and the security interests of the Islands will be safeguarded. (3) In determining, for the purposes of this Act, whether a person is a fit and proper person, regard shall be had to all circumstances, including evidence of that person\u2019s \u2014 (a) honesty, integrity and reputation; (b) competence and capability; and (c) financial soundness.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Assignment or transfer of licence 27. (1) A person shall not assign a licence, or any rights thereunder, without the prior written approval of the Office. (2) The Office may approve an application for the assignment of a licence under subsection (1) where the Office is satisfied that the proposed assignee satisfies the criteria set out in section 26 (2) and (3). (3) The Office shall, before approving the assignment of a licence, publish the particulars of the proposed assignment in the Gazette.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Duration of licence 28. A licence \u2014 (a) shall be for the period specified in the licence and shall not be granted for a period longer than twenty years; and (b) may be revoked or suspended in accordance with this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Renewal of licence 29. (1) Where an application for renewal of a licence under section 26 is made, the Office may refuse to renew that licence if the licensee is or has engaged in conduct that materially contravenes this Act or any regulations. (2) Where the Office has reasonable grounds for not renewing a licence under subsection (1), it shall inform the licensee by written notice as soon as practicable of its intention not to renew the licence. (3) A licensee referred to under subsection (2) shall have thirty days from the date of service of the said notice to make written submissions to the Office in respect of the refusal. (4) The Office shall consider any written submissions made under subsection (3), and shall inform the licensee within seven days of the receipt of the submission of its decision on the matter. Information and Communications Technology Act (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Licence fees 30. (1) An applicant for a licence or a licensee under this Act shall pay the licence fee for the licence as is prescribed. (2) The licence fee referred to in subsection (1) shall be payable directly by an applicant or a licensee, as applicable, to the Office at such time or times as prescribed by regulations. 30A. Administrative fee 30A. The Office may charge, as it determines, the following fees for administrative services relating to a request for a regulatory service or relating to a licence \u2014 (a)  a fee for a type approval; (b)  a fee for amending a licence; (c)  a fee for assigning or transferring a licence from a licensee to a third party; (d)  a fee for dealing in shares under section 25; (e)  a fee for conducting a non-interference related spectrum analysis under section 9(3); and (f)  a fee for copying an entry in the register under section 34\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Modification of licence 31. (1) A licence may be modified where the Office and the licensee, by agreement in writing, agree to modify the licence. (2) Notwithstanding subsection (1) and subject to any special conditions concerning modification in the relevant licence, the Office shall, on the direction of the Governor and without the agreement of the licensee, modify a licence for reasons of security of the Islands. (3) Where the Office considers that a licence should be modified the Office shall give to the licensee a written notice that \u2014 (a) sets out the proposed modification; (b) states the reasons for the proposed amendment; and (c) invites the licensee to show, within thirty days, why the licence should not be so modified. (4) The Office may modify the licence if, after considering and having regard to all representations made within a period of not less than thirty days, the Office considers the licence should be modified \u2014 (a) in the manner set out in the notice; or (b) in some other manner consistent with the representations. (5) If the Office decides to modify the licence, the Office shall give to the licensee a written notice stating how the licence has been modified. Information and CommunicationsTechnology Act (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Suspension of licence 32. (1) Subject to any special conditions concerning suspension in the relevant licence, the Office may suspend any licence for a period not exceeding one year in any of the following circumstances \u2014 (a) where a licensee breaches any condition attached to that licensee\u2019s licence; (b) where a licensee contravenes this Act or the regulations; (c) where a licensee is convicted of an offence under this Act; (d) where a licensee fails to discharge that licensee\u2019s financial commitments under this Act; (e) where a licensee is struck from the Register of Companies; (f) where a licensee is subject to an order of the Court in respect of liquidation or bankruptcy proceedings; or (g) where a licensee compounds with that licensee\u2019s creditors to the detriment of the Office. (2) Notwithstanding subsection (1), the Office, on the order of the Governor, shall without notice suspend any licence if the suspension is necessary for reasons of security of the Islands. (3) The Office shall, before suspending any licence under subsection (1), give written notice to the licensee, in which notice the Office shall draw to the attention of the licensee the grounds on which the Office intends to suspend the licence. (4) The Office shall, in case of a breach by a licensee of a condition attached to a licence or regulations, give an opportunity to the licensee to remedy the breach within a reasonable time.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Revocation of licence 33. (1) Subject to any special conditions in the relevant licence concerning revocation, the Office may revoke any licence on any of the following grounds \u2014 (a) where the licensee is in fundamental breach of any condition attached to the licence; (b) where the licensee persistently breaches any condition attached to the licence or repeatedly contravenes this Act or the regulations; (c) where the licensee is dissolved; (d) where the licensee is wound up or declared bankrupt; (e) where a licensee obtained the licence by a fraudulent, false or misleading representation or in some other illegal manner; or Information and Communications Technology Act (2026 Revision) (f) where a licence has been suspended and a licensee has failed to rectify any ground for suspension under section 32 within a period of three hundred and sixty-four days following upon the date of any such suspension. (2) Notwithstanding subsection (1), the Office, on the order of the Governor, shall, without notice, revoke any licence if the revocation is necessary for reasons of security of the Islands. (3) The Office shall, before revoking any licence under subsection (1), give written notice to the licensee, in which notice the Office shall draw to the attention of the licensee the grounds on which the Office intends to revoke the licence. (4) The Office shall, in the case of a fundamental breach by a licensee of a condition attached to a licence or the regulations, give an opportunity to the licensee to remedy the breach, if capable of remedy, within a reasonable time.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Register of applications and licences 34. (1) The Office shall cause to be kept a register of all applications for licences received by it and all such licences and such register may be kept in electronic form. (2) The Office \u2014 (a) shall make available for public inspection during its business hours, applications and licences; and (b) may permit any person to make copies of any entry in the register and may charge such administrative fees as it considers reasonable for such copies. 34A. Definitions for this Part 34A. In this Part \u2014 \u201cadministrative fee\u201d means a fee charged by, paid to, or collected by, the Office or the Authority, as applicable, for services relating to a request for a regulatory service or relating to a licence and includes \u2014 (a)  a fee for type approval; (b)  a fee for amending a licence; (c)  a fee for assigning or transferring a licence from a licensee to a third party; (d)  a fee for dealing in shares under section 25; and (e)  a fee for copying an entry in the register under section 34 of the Information and Communications Technology Authority Act (2019 Revision); \u201cAuthority\u201d means the Information and Communications Technology Authority established by section 3 of the Information and Communications Technology Authority Act, 2002; \u201cBoard\u201d has the meaning assigned by section 2 of the Utility Regulation and Competition Act (2024 Revision); Information and CommunicationsTechnology Act (2026 Revision) \u201clicence fee\u201d has the meaning assigned by the Information and Communication Technology Act (2019 Revision) prior to the 13th December, 2025, commencement date of the Information and Communication Technology (Amendment and Validation) Act, 2025 [Act 15 of 2025]. \u201clicensee\u201d means a person to whom a licence was granted by \u2014 (a)  the Authority under the Information and Communications Technology Authority Act (2016 Revision) and any earlier version of that Act in force immediately before the 16th January, 2017; or (b)  the Office under the Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act; \u201cnon-executive member\u201d has the meaning assigned by section 2 of the Utility Regulation and Competition Act (2024 Revision); \u201cOffice\u201d has the meaning assigned by section 2 of the Information and Communications Technology Act (2019 Revision); \u201cradio licence fee\u201d means a fee charged by, paid to, and collected by, the Authority or the Office, as applicable, for the authorisation \u2014 (a)  to operate, supply, import or deal in radio-communications equipment; or (b)  to establish or operate radio stations in the Islands on Cayman Islands registered vessels or aircraft; \u201cregulatory fee\u201d means a fee \u2014 (a)  charged and collected on a quarterly basis by; and (b)  paid by a licensee for the general regulatory services of, the Authority or the Office, as applicable, in respect of the licence; \u201croyalty fee\u201d means a fee paid by a licensee in respect of the licence which fee equates to six per cent of the licensee\u2019s gross revenue as defined in the licence and which was charged and collected by the Office on a quarterly basis and subsequently paid to the Government; \u201cspectrum fee\u201d means a fee charged by, paid to, and collected by the Authority or the Office, as applicable, for the assignment or allocation of rights to use specified portions of the electromagnetic spectrum, whether on an exclusive or shared basis and includes any associated fee charged for the management, regulation or administration of spectrum resources relating to the functions of the Office; and \u201ctype approval\u201d means the process by which the Office or the Authority, as applicable, authorised the importation, sale or use of relevant telecommunications equipment in the Islands. Information and Communications Technology Act (2026 Revision) 34B. Validation of charge, payment and collection of licence fees 34B. The licence fees charged by, paid to, and collected by, the Office during the period 19th December 2024, the commencing date of the Information and Communications Technology (Validation) Act, 2024 [Act 23 of 2024] and ending on the 13th December 2025, the commencement date of the Information and Communications Technology (Amendment and Validation) Act, 2025 [Act 15 of 2025] are \u2014 (a)  validated; and (b)  taken to have been lawfully charged by, paid to, and collected by, the Office, as if the licence fees had been prescribed in regulations which were \u2014 (i)  made under section 97(3)(a) of the Information and Communications Technology Act (2019 Revision); and (ii)  published in the Gazette. 34C. Validation of charge, payment and collection of fees 34C. The fees, including fees for an experimental licence, fees for a temporary licence, radio licence fees, regulatory fees, spectrum fees, royalty fees and administrative fees, charged by, paid to, and collected by, the Authority or the Office, as applicable, under the purported authority of the Information and Communications Technology Authority Act, 2002 and Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, prior to the date of commencement of this amending and validating Act are \u2014 (a)  validated; and (b)  taken to have been lawfully charged by, paid to, and collected by, the Authority or the Office, as applicable, as if the Authority or the Office, as applicable, was empowered under the Information and Communications Technology Authority Act, 2002 and the Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, as amended by this amending and validating Act, to charge and collect those fees, and as if the fees, where applicable, had been prescribed in regulations and published in the Gazette. Information and CommunicationsTechnology Act (2026 Revision) 34D. Immunity 34D. (1) Notwithstanding any law to the contrary, any action of a director of the Board, non-executive member, or staff member of the Office in the charging and collecting of licence fees by the Office during the period commencing on the date of commencement of the Information and Communications Technology (Validation) Act, 2024 and ending on the date of commencement of this amending and validating Act are \u2014 (a)  validated; and (b)  taken to have been lawful and valid, as if the action would have been lawful and valid had the licence fees been prescribed in regulations which were \u2014 (i)  made under section 97(3)(a) of the Information and Communications Technology Authority Act (2019 Revision); and (ii)  published in the Gazette. (2)  Notwithstanding any law to the contrary, any action of a director of the Board, a staff member of the Authority, a non-executive member, or a staff member of the Office, in the charging and collecting of any fees, including fees for an experimental licence, fees for a temporary licence, radio licence fees, regulatory fees, spectrum fees, royalty fees and administrative fees, by the Authority or the Office, as applicable, under the purported authority of the Information and Communications Technology Authority Act, 2002 and Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, prior to the 13th December 2025, the commencement date of the Information and Communications Technology Authority (Amendment and Validation) Act, 2025 [Act 15 of 2025] is \u2014 (a)  validated; and (b)  taken to have been lawful and valid, as if the Authority or the Office, as applicable, was empowered under the Information and Communications Technology Authority Act, 2002; and Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, as amended by this amending and validating Act to charge and collect those fees and as if the fees, where applicable, had been prescribed in regulations and published in the Gazette. (3)  For the purposes of subsections (1) and (2), an action of \u2014 (a)  a director of the Board; (b)  a staff member of the Authority; (c)  a non-executive member; or Section 35-54 Information and Communications Technology Act (2026 Revision) (d)  a staff member of the Office, is not taken to have been lawful or valid if the action was done in bad faith. Part 4- Repealed 35-54. Repealed 35-54. Repealed by section 10 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016]. PART 5 \u2013 Local programming\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Licensee\u2019s duties in respect of local broadcasts 55. It shall be the duty of a licensee to ensure that local programming broadcast by the licensee \u2014 (a) protects persons under the age of eighteen; (b) includes nothing which \u2014 (i) offends against good taste or decency; (ii) is likely to encourage or incite to commit a crime or lead to disorder; (iii) is likely to be offensive to public feelings; and (iv) is an offensive representation of, or reference to, a person (living or deceased); and (c) presents with due accuracy and impartiality any news broadcast.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Standards for local broadcasts 56. (1) It shall be the duty of the Office to set, review and revise, such standards for the content of such broadcasts as appear to it best calculated to secure the standards specified in section 55. (2) The standards set by the Office shall be contained in one or more published codes and, in setting or revising the codes, the Office may consult with such persons as it sees fit. (3) In setting or revising standards, the Office may consult with such persons as it sees fit and shall have regard to \u2014 (a) the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally, or in programmes of a particular description; Information and CommunicationsTechnology Act (2026 Revision) (b) the likely size and composition of the potential audience for programmes included in local programming generally, or in local programming of a particular description; (c) the likely expectation of the audience as to the nature of a local programme\u2019s content and the extent to which the nature of that content can be brought to the attention of potential members of the audience; and (d) the likelihood of persons who are unaware of the nature of a local programme\u2019s content being unintentionally exposed, by their own actions, to that content. (4) The Office shall ensure that the standards in force under these Regulations include \u2014 (a) minimum standards applicable to all local programmes; and (b) such other standards applicable to particular descriptions of local programmes as appear to the Office to be appropriate for securing the standards\u2019 objectives.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Supervision of local broadcasting 57. (1) A licensee shall retain a recording of the local programming in a viewable and accessible form for a period of twenty-eight days after its broadcast. (2) For the purpose of maintaining supervision of local programming, the Office may make and use recordings of those programmes or any part of them and such use shall be deemed not to infringe any intellectual property rights in that programming. (3) Nothing in this Act shall be construed as requiring the Office to view or listen to local programmes in advance of their being included in local programming services. (4) The Office may issue guidelines as to the duties of licensees under sections 55, 56 and subsection (1) of this section. Part 6 \u2013 Repealed\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Repealed 58. Repealed by section 12 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016]. Information and Communications Technology Act (2026 Revision) PART 7 - Universal Service, Interconnection, Infrastructure Sharing, Numbering, Etc Universal Service\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Universal Service Fund 59. (1) The Office, for the purposes set out in section 60, may establish a fund to be known as the Universal Service Fund and such fund, if established, shall be managed by the Office in accordance with regulations made by the Cabinet after consultation with the Office. (2) The Office may cause the Universal Service Fund to be subdivided into one or more sub-funds for the purpose of administering or funding one or more categories of universal service.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Purpose of Fund 60. (1) The Universal Service Fund shall be used by the Office to compensate any ICT service provider or ICT network provider who is required to provide universal service under section 62. (2) The amount of compensation payable under subsection (1) shall be computed in accordance with the regulations made by the Cabinet on the recommendation of the Office, and the conditions attached to the licence of the ICT service or ICT network provider, and such compensation shall be paid to the relevant ICT service provider and ICT network provider by the Office.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Universal Service regulations 61. The Cabinet may, on the recommendation of the Office, by regulations made under this Act specify: (a) categories of universal service that are required; and (b) categories of ICT network providers and ICT service providers that may be required to provide one or more of such required universal services.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Provision of Universal Service by specified categories of licensees 62. (1) The Office may include a condition, in the licence of each licensee that provides an ICT service or ICT network specified under section 61, requiring such licensee to provide one or more categories of universal service, provided that such requirement shall be transparent and non-discriminatory as between licensees that provide such a specified service or network, and is not more burdensome than is necessary for the category of universal service required to be offered. Information and CommunicationsTechnology Act (2026 Revision) (2) A licensee who is required by its licence to provide one or more categories of universal service to any person shall do so on such terms, including as to price and the quality of service, as may be specified in the licence. (3) For the purposes of subsection (1), the categories of universal service that may be required include \u2014 (a) public voice telephony services together with free calls to emergency services and directory assistance; and (b) Internet access together with free Internet access for educational or health facilities.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Provision of Universal Service by particular licensee 63. (1) The Office may include a condition, in the licence of any licensee that provides a specified ICT service or ICT network, requiring such licensee to provide one or more categories of universal service. (2) A licensee so required by its licence to provide one or more categories of universal service to any person shall be entitled to compensation as specified in section 60.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Contributions to Fund 64. (1) The Office shall include a condition, in the licence of each licensee that provides an ICT service or an ICT network specified under section 61, that each such licensee shall contribute to the Universal Service Fund or any one or more subfunds of the Universal Service Fund. (2) The Cabinet may, on the recommendation of the Office and by order, prescribe the time, frequency and also the quantum or method for calculating the quantum of monies to be paid into the Universal Service fund or any one or more subfunds of the Universal Service Fund by each licensee providing a specified service or network. (3) Where, within the scope of its licence, a licensee provides more than one service or network specified under subsection (1), the quantum of the monies to be paid into the Universal Service Fund or any one or more sub-funds of the Universal Service Fund by that licensee shall be determined on the basis of a separate amount for each specified service or network. Information and Communications Technology Act (2026 Revision) Interconnection and Infrastructure Sharing\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Interconnection and infrastructure sharing 65. (1) Subject to this section, a licensee that operates a public ICT network shall not refuse, obstruct or in any way impede another licensee in the making of any interconnection with its ICT network or the sharing of any infrastructure and shall, in accordance with this section, ensure that the interconnection or infrastructure sharing provided is made at technically feasible physical points. (2) A licensee who wishes to make any interconnection or share infrastructure shall make the request for interconnection or infrastructure sharing with another licensee in writing. (3) A licensee to whom a request is made in accordance with this section shall, in writing, respond to the request within a period of one month from the date the request is made to that licensee and, subject to subsection (5), provide the interconnection or infrastructure sharing service in a reasonable time. (4) A request by a licensee to make any interconnection or infrastructure sharing with another licensee shall be refused only on reasonable grounds, and such refusal shall be in writing. (5) Any interconnection or infrastructure sharing provided by a licensee under this section shall be provided at reasonable rates, terms and conditions which are not less favourable than those provided to \u2014 (a) any non-affiliated supplier; (b) any subsidiary or affiliate of the licensee; or (c) any other part of the licensee\u2019s own business. (6) Without prejudice to subsection (5), the Authority shall prescribe the cost and pricing standards and other guidelines on which the reasonableness of the rates, terms and conditions of the interconnections or infrastructure sharing will be determined. (7) A public ICT network provider shall not, in respect of any rates charged by that public ICT network provider for interconnection or infrastructure sharing services, call set up or call termination services provided by that public ICT network provider to another public ICT network provider, vary the rates on the basis of the class of customers to be served or the type of services that the public ICT network provider requesting the interconnection or infrastructure sharing services intends to provide.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Interconnection and infrastructure sharing 66. (1) Interconnection or infrastructure sharing agreements between licensees shall be in writing, and copies of each agreement shall be submitted to the Office within seven days of that agreement having been signed. Information and CommunicationsTechnology Act (2026 Revision) (2) Copies of interconnection or infrastructure sharing agreements between licensees shall be kept in a public registry maintained by the Office for that purpose. (3) The agreements referred to in subsection (2) shall be open to public inspection during normal working hours. (4) The Office shall, after consulting the Cabinet, prepare, publish, and make available copies of the procedures to be followed by the licensees when negotiating interconnection or infrastructure sharing agreements. (5) Where parties cannot agree upon interconnection or infrastructure sharing rates, the Office may impose such rates.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Pre-contract disputes 67. (1) Where, during negotiations for the provision of interconnection or infrastructure sharing , there is any dispute between the parties (hereinafter in this section referred to as the \u201cpre-contract dispute\u201d) as to the terms and conditions of such provision, either of them may refer the dispute to the Office for resolution. (2) The Office may make rules applicable to the resolution of pre-contract disputes by means of arbitration or other dispute resolution mechanisms. (3) A decision of the Office in relation to any pre-contract dispute shall be consistent with any agreement reached between the parties as to matters that are not in dispute. 67A. Power of the Office to consider disputes on its own initiative 67A. (1) The Office may decide, on its own initiative, to consider and determine what, in its view, is a dispute between any persons concerning the potential or actual operation of an ICT network or provision of an ICT service and in so doing shall notify all parties to the dispute that it is doing so. (2) The Office shall include in any notification under subsection (1), a timetable for considering and determining the dispute and may give directions with which the relevant persons to the dispute are to comply in order to enable the Office to carry out its functions, responsibilities and duties. (3) The Office\u2019s determination shall be one which it considers will enable the dispute to be resolved in a way which best contributes to the fulfilment of its functions, responsibilities and duties, and may include any one or more of the following \u2014 (a) the making of a declaration setting out the rights and obligations of the parties to the dispute; (b) the giving of a direction fixing the terms or conditions of transactions between the parties to the dispute; Information and Communications Technology Act (2026 Revision) (c) the giving of a direction imposing an obligation, enforceable by the parties to the dispute, to enter into a transaction between themselves on the terms and conditions fixed by the Office; (d) for the purpose of giving effect to a determination by the Office of the proper amount of a charge in respect of which amounts have been paid by one of the parties of the dispute to the other, the giving of a direction, enforceable by the party to whom the sums are to be paid, requiring the payment of sums by way of adjustment of an underpayment or overpayment; and (e) such other course of action as the Office considers necessary to resolve the dispute. (4) The procedure for considering the dispute and making a determination is the procedure that the Office is required, by Law, to follow. (5) Where the Office makes a determination under this section, the Office shall publish the determination.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Cost of interconnection and infrastructure sharing 68. (1) The cost of making any interconnection or infrastructure sharing to the ICT network of another licensee shall be borne by the licensee requesting the interconnection. (2) In this section \u2014 \u201caccommodation\u201d means space within buildings or land adjacent to buildings, belonging to the party providing the interconnection or infrastructure sharing, for use by the requesting party\u2019s equipment or personnel; and \u201ccosts\u201d means the fully allocated cost of accommodation, mechanical and electrical connection, electronic programming and infrastructure sharing and shall not include compensation for the loss of business which the party providing the interconnection or infrastructure sharing may incur by virtue of providing the interconnection or infrastructure sharing to the requesting party. (3) The cost referred to in subsection (1) shall be based on cost-oriented rates that are reasonable and arrived at in a transparent manner having regard to economic feasibility, and shall be sufficiently unbundled such that the licensee requesting the interconnection or infrastructure sharing service does not have to pay for network components that are not required for the interconnection or infrastructure sharing service to be provided.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Infrastructure sharing 69. (1) Repealed by section 18 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016]. Information and CommunicationsTechnology Act (2026 Revision) (2) The Office, in order to promote an efficient, economic and harmonised utilisation of infrastructure, may \u2014 (a) coordinate with, and issue guidelines to, any or all government entities having general authority over matters affecting infrastructure; and (b) inquire into and require modification of any agreement or arrangements entered into between a licensee and a another person or licensee which has the effect of limiting either the efficient and harmonised utilisation of infrastructure or the promotion of competition in the provision of ICT services or ICT networks. (3) A licensee shall not deny another licensee access to its infrastructure or infrastructure arrangements except \u2014 (a) where there is insufficient capacity taking into account reasonably anticipated requirements; (b) there are reasons of safety or security; or (c) there are technical and engineering matters which would make such access difficult or impossible.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Licensee confidential information 70. (1) Where a licensee receives information from another licensee for the purpose of interconnection, infrastructure sharing or the provision of ICT networks or ICT services generally, and such information is of a competitive nature in that the information relates to matters including the following \u2014 (a) customer orders; (b) market forecasts; (c) plans for the development of new services; (d) network plans; (e) new customers; and (f) current or proposed business plans, the licensee shall treat such information in confidence and \u2014 (i) may only share it amongst such of its employees who need the information in order to provide services to the licensee providing the information; and (ii) shall not provide such information to its employees or other persons who are involved in providing ICT networks or ICT services offered in competition to the licensee providing the information. (2) The Office may establish such rules and procedures as it considers necessary to prevent the misuse of licensees\u2019 confidential information. Information and Communications Technology Act (2026 Revision) Numbering\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Numbering 71. (1) The Office shall establish and manage a national plan for the allocation of telephone numbers among licensees in accordance with the regulations made in that respect under this Act by the Cabinet. (2) The Office shall, in managing the national plan for the allocation of numbers among licensees, pay due regard to the existing allocation of numbers. (3) Subject to this Act, the Office may make rules imposing on any licensee the responsibility to offer number portability if the Office is satisfied on reasonable grounds that \u2014 (a) the benefits likely to arise from the requirement to provide a particular form of number portability outweigh the likely cost of implementing it; and (b) the requirement will not impose an unfair burden on any licensee. (4) In this section \u2014 \u201cnumber portability\u201d relates to the ability of customers to change licensee without having to change their telephone numbers. PART 8 - Service Standards and Data Protection\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Quality of service 72. (1) ICT service providers and ICT network providers shall use best endeavours to ensure that their ICT services and ICT networks are \u2014 (a) reliable; (aa) where practicable, directly interconnected with each of the other ICT network providers\u2019 networks; (b) provided with due care and skill; and (c) rendered in accordance with the standards reasonably expected of a competent provider of those ICT services and ICT networks. (2) A complaint may be made to the Office by any person who is dissatisfied with the networks or services provided to that person by an ICT service provider or ICT network provider or who claims to be adversely affected by the actions or omissions of an ICT service provider or ICT network provider. (3) The Office may prescribe quality standards for the provision of ICT services and ICT networks in relation to all ICT service providers and ICT network providers. Information and CommunicationsTechnology Act (2026 Revision) (4) The Office shall make rules and establish procedures relating to the refusal, disconnection or interruption of ICT services or ICT networks and the administration and resolution of subscriber complaints, without limitation, including requirements for and the determinations relating to the payments of the costs of proceedings and procedures for the resolution of subscriber complaints and the payment of compensation to subscriber, which shall be binding upon licensees.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Non-discrimination and continuity of supply 73. ICT service or ICT network providers may, subject to the rules and procedures established under section 72(4) \u2014 (a) refuse to provide an ICT service or an ICT network to a subscriber; or (b) discontinue or interrupt the provision of such an ICT service or ICT network to a subscriber pursuant to an agreement with that subscriber, only on grounds which are reasonable and non-discriminatory, and where any such action is taken, the ICT service or ICT network provider shall, within seven days, provide in writing to the subscriber the reasons therefor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"Equipment standards and technician certification 74. (1) The Office may establish or adopt appropriate standards for equipment that may be connected to a public ICT network and for certification of ICT technicians. (2) Licensees shall, as a condition of licensing \u2014 (a) connect only equipment meeting such standards to public ICT networks; and (b) employ ICT technicians, who have been certified in accordance with this Act or any other Law, to set-up, maintain and upgrade that equipment. (3) It shall be a condition of public ICT network use that subscribers connect only equipment to public ICT networks that meet such standards. Failure to comply with such standards is a reasonable ground to refuse to provide, to discontinue or to interrupt the provision of the relevant ICT service or ICT network under section 73. (4) Notwithstanding subsections (1), (2) and (3), the Office may, by notice published in the Gazette, exempt any equipment from the requirements of this section for such period of time as the Office considers appropriate and in granting such exemption the Office may indicate \u2014 (a) the particular individual or company to which the exemption applies; (b) the reasons why the exemption is being granted; (c) the purpose for which the equipment may be used; and (d) the period of time for which the equipment may be used. Information and Communications Technology Act (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"Interception of messages prohibited 75. (1) Subject to subsection (2), a person who intentionally intercepts, alters, replicates, monitors or interrupts any message (whether in whole or in part) during its transmission over an ICT network or by means of an ICT service by any means commits an offence and is liable, for each such message \u2014 (a) on summary conviction, to a fine of ten thousand dollars; (b) on conviction on indictment, to a fine of twenty thousand dollars and to imprisonment for two years. (2) A person shall not have committed an offence under this section if \u2014 (a) the message is intercepted, monitored or interrupted in obedience to a warrant or order issued by the Governor; (b) the message is intercepted, replicated, monitored or interrupted for the purpose of preventing a contravention of section 77; (c) the person by whom the message is sent or to whom the message is sent has expressly or impliedly consented to the interception, monitoring or interruption; (d) the message is intercepted, monitored or interrupted by the Office or on the written instructions of the Office for purposes connected with the execution of its functions under this Act; (e) the message is intercepted, monitored or interrupted by the ICT network provider or ICT service provider over whose network or service the message is being transmitted for the purposes of \u2014 (i) providing or billing for that ICT network or ICT service; (ii) preventing the illegal use of the ICT network or ICT service; or (iii) preserving the technical integrity of an ICT network or ICT service; or (f) the message is intended to be received by the public.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_76\", \"num\": \"76.\", \"text\": \"Privacy of subscriber information 76. (1) In this section \u2014 \u201csubscriber\u201d does not include an end user. (2) Subject to subsection (3), a licensee who intentionally discloses any personal data of a subscriber or end user commits an offence and is liable for each such disclosure \u2014 (a) on summary conviction, to a fine of ten thousand dollars; or (b) on conviction on indictment, to a fine of twenty thousand dollars and to imprisonment for two years. (3) Subsection (1) does not apply to \u2014 Information and CommunicationsTechnology Act (2026 Revision) (a) any disclosure which is made to a constable for the prevention or detection of crime or for the purposes of any criminal proceedings; (b) any disclosure under any law for the time being which requires such disclosure; (c) any disclosure which is made with the written consent of the subscriber or end user, as the case may be; (d) any disclosure which is made under a court order; (e) any disclosure which is made in obedience to a warrant or order issued by the Governor; or (f) any disclosure which is made to the Office for purposes connected with the execution of its functions under this Act. (4) A licensee shall not be liable for any action or suit for any injury, loss or damage resulting from disclosure of information made under subsection (3).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_77\", \"num\": \"77.\", \"text\": \"Refusal to produce records to police officer 77. (1) Subject to subsection (2), an ICT licensee who \u2014 (a) without reasonable excuse, refuses or fails to produce any document, message, record, thing, statement or information (whether in electronic form or otherwise) relating to its ICT network, ICT service or the users thereof and required by a constable of the rank of Inspector or above, upon the written request of a constable of the rank of Inspector or above, for the prevention or detection of crime or for the purposes of any criminal proceedings; (b) without reasonable excuse, destroys or alters, or causes to be destroyed or altered, any document, message, record, thing, statement or information (whether in electronic form or otherwise) relating to its ICT network, ICT service or the users thereof and required, upon the written request of a constable of the rank of Inspector or above, to be produced for the prevention or detection of crime or for the purposes of any criminal proceedings; or (c) knowingly gives false or misleading information to any constable requiring the information, upon the written request of a constable of the rank of Inspector or above, for the prevention or detection of crime or for the purposes of any criminal proceedings, commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars and to imprisonment for one year. (2) Subsection (I) applies to any document (including a reverse directory), message, record, thing, statement or information (whether in electronic form or otherwise) held by an ICT licensee and relating to its ICT network, ICT service or the users Section 78-80 Information and Communications Technology Act (2026 Revision) thereof, other than any such message transmitted earlier than the 15th November, 2000. PART 9- Repealed 78-80. Repealed 78-80. Repealed by section 21 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016]. PART 10 - Offences\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_81\", \"num\": \"81.\", \"text\": \"Inspections 81. (1) All ICT installations, equipment, apparatus and stations which are used in connection with a license issued or applied for under this Act shall be subject to inspection by a person duly authorised by the Office. (2) A person who \u2014 (a) intentionally impedes or interferes with the inspection referred to in this section; (b) does not give information requested in the course of such inspection; or (c) gives wrong information in response to an inquiry made by the authorised person, commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars and to imprisonment for one year.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_82\", \"num\": \"82.\", \"text\": \"Engaging in ICT activities without a licence 82. (1) A person who operates an ICT network or provides ICT services specified in accordance with section 23(2) contrary to that section commits an offence and is liable, on conviction on indictment, to a fine of fifty thousand dollars and to imprisonment for five years, and if the offence is a continuing one to a further fine of ten thousand dollars for every day or part of a day during which the offence has continued. (2) The Court may also, on application \u2014 (a) make an order for forfeiture of any equipment used for the commission of the offence; and (b) grant an order restraining the accused from continuing to engage in similar activities. Information and CommunicationsTechnology Act (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_83\", \"num\": \"83.\", \"text\": \"Malicious damage to apparatus 83. (1) No person shall remove, alter, damage, disrupt, disable or destroy any ICT network or ICT apparatus except in accordance with this Act or the regulations. (2) A person who contravenes subsection (1) commits an offence and is liable, on summary conviction, to a fine of twenty thousand dollars or to imprisonment for two years or, on conviction on indictment, to a fine of forty thousand dollars or to imprisonment for four years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_84\", \"num\": \"84.\", \"text\": \"Obstruction of investigation 84. A person who in any manner impedes, prevents, or obstructs any investigation being carried out by the Office under this Act commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars and to imprisonment for one year.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_85\", \"num\": \"85.\", \"text\": \"Repealed 85. Repealed by section 21 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_86\", \"num\": \"86.\", \"text\": \"Repealed 86. Repealed by section 21 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_87\", \"num\": \"87.\", \"text\": \"Repealed 87. Repealed by section 21 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_88\", \"num\": \"88.\", \"text\": \"Dangerous transmissions, etc. 88. (1) An originator who \u2014 (a) with knowledge that a message is dangerous to the security of the Islands or contrary to public order, and; (b) with intent, sends that message, commits an offence and is liable, on conviction on indictment, to a fine of five hundred thousand dollars and to imprisonment for ten years. (2) For the purposes of this section, an intermediary is not an originator. (3) An intermediary shall not be required to monitor any message processed by means of that intermediary\u2019s ICT installation in order to ascertain whether its processing would constitute or give rise to an offence under this section. (4) In addition to any other penalty provided in this section, equipment used to commit an offence under this section may, by order of a Court, be forfeited to the Government upon conviction of any owner or other person having control Information and Communications Technology Act (2026 Revision) of such equipment or apparatus regardless of the fact that the operation giving rise to the offence has ceased.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_89\", \"num\": \"89.\", \"text\": \"Territorial scope of inchoate offences 89. (1) On a charge of conspiracy to commit an offence under this Act, the following questions are immaterial to the accused\u2019s guilt \u2014 (a) the question where a person became a party to the conspiracy; and (b) the question whether any act, omission or other event occurred in the Islands. (2) On a charge of attempting to commit an offence under this Act, the following questions are immaterial to the accused\u2019s guilt \u2014 (a) the question where the attempt was made; and (b) the question whether it had an effect in the Islands. (3) On a charge of incitement to commit an offence under this Act, the question where the incitement took place is immaterial to the accused\u2019s guilt.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_90\", \"num\": \"90.\", \"text\": \"Use of an ICT service to defraud, abuse, annoy, threaten or harass 90. (1) A person who knowingly uses an ICT network or ICT service to defraud, abuse, annoy, threaten or harass any other person commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars and to imprisonment for one year, or, on conviction on indictment, to a fine of twenty thousand dollars and to imprisonment for two years. (2) In addition to imposing any penalty under subsection (1), the Court may, by order, restrain the person from using ICT services or ICT networks as it sees fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_91\", \"num\": \"91.\", \"text\": \"Repealed 91. Repealed by section 23 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_92\", \"num\": \"92.\", \"text\": \"Unlawfully acting as Administrative Point of Contact or Technical Point of Contact 92. (1) A person who, without the written consent of the Office \u2014 (a) acts or purports to act as, or holds themselves out as being authorised by the Office to act as, the Administrative Point of Contact for the top level of the global Internet Domain Name System assigned to the Islands; or (b) acts or purports to act as, or holds themselves out as being authorised by the Office to act as, the Technical Point of Contact for the top level of the global Internet Domain Name System assigned to the Islands, Information and CommunicationsTechnology Act (2026 Revision) commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars or on conviction on indictment to a fine and to imprisonment for one year. (2) A person who, without the written consent of the Office \u2014 (a) deals with or assumes any rights in relation to the top level of the global Internet Domain Name System assigned to the Islands; or (b) makes or attempts to make any request to the Internet Corporation for Assigned Names and Numbers or the Internet Assigned Numbers Authority to delegate or re-delegate responsibility for the top level of the global Internet Domain Name System assigned to the Islands, commits an offence and is liable on summary conviction to a fine of ten thousand dollars or on conviction on indictment to a fine and to imprisonment for one year. (3) The Office may bring civil proceedings against any person who contravenes this Act, and the Court may, in such proceedings, make such order as it considers appropriate including orders requiring compliance with this Act and the regulations. (4) A person who does anything outside the Islands and the action, if it had occurred within the Islands would have constituted the commission of an offence under this section, commits an offence and is liable to any of the penalties specified under this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_93\", \"num\": \"93.\", \"text\": \"Offences under Part 4 93. (1) A person who fails to comply with a requirement imposed on that person under section 42 or 43 commits an offence. (2) Where a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for that person to prove \u2014 (a) that the document was not in that person\u2019s possession or under that person\u2019s control; and (b) that it was not reasonably practicable for that person to comply with the requirement. (3) Where a person is charged with an offence under subsection (1) in respect of a requirement \u2014 (a) to provide information; (b) to provide an explanation of a document; or (c) to state where a document is to be found, it is a defence for that person to prove that that person had a reasonable excuse for failing to comply with the requirement. Information and Communications Technology Act (2026 Revision) (4) Failure to comply with a requirement imposed under section 42 is not an offence if the person imposing the requirement has failed to act in accordance with that section. (5) A person who intentionally obstructs an officer acting in the exercise of that officer\u2019s powers under section 43 commits an offence. (6) A person who commits an offence under subsection (1) or (5) is liable, on summary conviction, to a fine of four thousand dollars and on conviction on indictment to a fine. (7) A person who intentionally obstructs an officer in the exercise of that officer\u2019s powers under a warrant issued under section 43 commits an offence and is liable on summary conviction to a fine of four thousand dollars and, if that person is convicted on indictment, to a fine and imprisonment for two years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_94\", \"num\": \"94.\", \"text\": \"Destroying or falsifying documents 94. (1) A person commits an offence where, having been required to produce a document under section 42 or 43 \u2014 (a) that person intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or (b) that person causes or permits its destruction, disposal, falsification or concealment. (2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine of four thousand dollars or on conviction on indictment to a fine and to imprisonment for two years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_95\", \"num\": \"95.\", \"text\": \"False or misleading information 95. (1) Where information is provided by a person to the Office in connection with any function of the Office under Part 4, that person commits an offence if \u2014 (a) the information is false or misleading in a material particular; and (b) that person knows that it is or is reckless as to whether it is. (2) A person who \u2014 (a) provides any information to another person, knowing the information to be false or misleading in a material particular; or (b) recklessly provides any information to another person which is false or misleading in a material particular, knowing that the information is to be used for the purpose of providing information to the Office in connection with any of its functions under Part 4, commits an offence. Information and CommunicationsTechnology Act (2026 Revision) (3) A person who commits an offence under this section is liable on summary conviction to a fine of four thousand dollars and on conviction on indictment to a fine and to imprisonment for two years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_96\", \"num\": \"96.\", \"text\": \"Order for payment of compensation 96. (1) Where a person is convicted of an offence under this Act, the Court may make an order for the payment of compensation to any person for any damage caused by the offence. (2) Any claim by a person for damages sustained by reason of the offence shall be deemed to have been satisfied to the extent of any amount which has been paid to that person under an order for compensation, but the order shall not prejudice any right to a civil remedy for the recovery of damages beyond the amount of compensation paid under the order. PART 11 - General\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_97\", \"num\": \"97.\", \"text\": \"Power to make regulations 97. (1) Without derogating from the powers to make regulations conferred elsewhere in this Act, the Cabinet may make regulations \u2014 (a) prescribing matters required or permitted by this Act to be prescribed; (b) facilitating \u2014 (i) the investigation of; or (ii) the bringing of criminal proceedings in respect of \u2014 the operation of an ICT network or provision of ICT services or use of the frequency spectrum that may be, or is, an offence under this or any other law; (c) on the recommendation of the Office, prescribing matters for the better carrying out of the duties and powers of the Office or (d) for carrying the purpose and provisions of this Act into effect. (2) Regulations may provide that the contravention of any provision constitutes an offence and may prescribe penalties for any such offence not exceeding the maximum fine and term of imprisonment prescribed in this Act for any offence under this Act. (3) The Office \u2014 (a) after consultation with the Minister, may make regulations relating to \u2014 (i) licence fees; (ii) critical ICT infrastructure; and (iii) radio and television content obligations; and (b) may make regulations relating to \u2014 Information and Communications Technology Act (2026 Revision) (i) infrastructure sharing; (ii) the numbering system; (iii) quality standards; and (iv) such other measures as the Office considers necessary for the carrying out of its duties under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_98\", \"num\": \"98.\", \"text\": \"Repealed 98. Repealed by section 25 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_99\", \"num\": \"99.\", \"text\": \"Establishment of ICT installations on land 99. The provisions of Schedule 2 shall govern the acquisition by ICT service providers and ICT network providers of rights to establish ICT installations on the land or property of other persons or authorities, and ancillary rights.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_100\", \"num\": \"100.\", \"text\": \"Conflict of laws 100.  (1) Where there is any inconsistency between this Act and any other Law, this Act shall prevail to the extent of the inconsistency, subject to subsection (2). (2) Where there is any inconsistency between this Act and the Public Authorities Act (2020 Revision), the Public Authorities Act (2020 Revision) shall prevail to the extent of any inconsistency. Part 12 \u2013 Dissolution of Authority 100A. Dissolution of Authority 100A.(1) On the operative date, the Authority is dissolved and the assets, liabilities, property and contracts of the Authority, together with all functions and powers required to ensure the effectiveness and continuity of regulation, are transferred to the Office. (2) Every matter commenced under the former Law and partly dealt with by the former Board when the new Law comes into force, is to be continued and dealt with in all respects under the new Law and the provisions of the new Law are to apply accordingly. (3) Every matter commenced under the former Law and not wholly or partly dealt with by the former Board when the new Law comes into force, is to be taken to be a matter commenced under the new Law and the provisions of the new Law are to apply accordingly. (4) Any subordinate legislation or instructions that relates to the functions or powers of the Authority shall continue to apply to the Office, with all necessary changes being made, until such time as the Office issues administrative determinations Information and CommunicationsTechnology Act (2026 Revision) for similar purposes under the Utility Regulations and Competition Act (2024 Revision) that are inconsistent with the subordinate legislation or those instructions; and, where the Office issues such administrative determinations that are inconsistent with that subordinate legislation or those instructions, then, to the extent of the inconsistency, the subordinate legislation or instructions shall cease to apply. 100B. Transfer of employees to the Authority 100B.(1) A person employed in the Authority on the day preceding the operative date, may be offered employment by the Office and, if the person accepts the offer, the person shall become an employee of the Office on terms and conditions of employment no less favourable than those that applied to the person\u2019s office in the person\u2019s employment in the Authority, except \u2014 (a) to the extent other terms and conditions are agreed between the employee and the Office; and (b) that disciplinary matters shall be dealt with in accordance with the Labour Act (2021 Revision) and the disciplinary rules and procedures of the Office. (2) Pension arrangements and medical benefits relating to any employee specified under subsection (1) shall be subject to sections 100C and 100D, respectively. 100C. Pensions transferred employees 100C.The Office shall ensure the payment of pensions to all of its employees and shall, for the purpose \u2014 (a) with respect to employees transferred from the Authority in accordance with this Act, continue maintaining or subscribing to a fund in accordance with the National Pensions (Amendment) Law, 2016 [Law 17 of 2016]; and (b) with respect to employees employed by the Office after the operative date and who have not been transferred in accordance with this Act, create and maintain or subscribe to a fund in accordance with the provisions of the National Pensions (Amendment) Law, 2016 [Law 17 of 2016]; but the Office shall not subscribe to any fund in respect of those employees who are employed under contracts which are six months or less in duration. 100D. Medical care for employees of the Office and applicability of Health Insurance Act 100D.The Health Insurance Act (2021 Revision) shall apply to the Office except that \u2014 (a) the Office may elect to provide free or subsidized medical benefits in lieu of, or in addition to, insurance coverage under the Health Insurance Act (2021 Revision); and Information and Communications Technology Act (2026 Revision) (b) a person described in section 100B shall, unless otherwise notified by the Office, be entitled to receive from the Office the medical benefits provided to that person on the day preceding that person\u2019s transfer to the Office.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_101\", \"num\": \"101.\", \"text\": \"Transitional arrangements 101. (1) Any licences or other enabling instruments issued to any person to provide any aspect of ICT services or ICT networks in the Islands and which are valid immediately before the operative date shall continue to remain in full force and effect and shall authorise the continued ownership and operation of the ICT services and ICT networks provided under such licences or enabling instruments until the such date or such later date as the Cabinet may specify by notice published in the Gazette. (2) The Minister may, where the Authority has not been established at the 17th May, 2002 and until such time as the Board may specify by resolution, have the power to issue any concession, licence or authorisation which the Authority is empowered by this Act to issue, and the Cabinet may, for such period of time as it shall determine, appoint such persons as it considers necessary to assist the Minister in carrying out such functions. (3) Any fees or charges relating to any licence, concession, authorisation or franchise granted under the repealed Broadcasting Law (1997 Revision), the repealed Radio Law (1996 Revision) or the repealed Telephone Law (1997 Revision) and owed to the Government in accordance with any such repealed law shall be deemed a debt owed to the Government and shall remain recoverable after the 17th May, 2002.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_102\", \"num\": \"102.\", \"text\": \"Interpretation for the purposes of Part 12 102. In this Part \u2014 \u201cAuthority\u201d means the Information and Communications Technology Authority established under the former Law; \u201cformer board\u201d means the Board of directors of the Authority; \u201cformer Law\u201d means the principal Law in force immediately before the date of commencement of the Information and Communications Technology Authority (Amendment) (No. 2) Law, 2016 [Law 50 of 2016]; \u201cnew Law\u201d means the principal Law as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Law, 2016 [Law 50 of 2016]; \u201cOffice\u201d means the Office of Competition and Regulation established under the Utility Regulations and Competition Law, 2016 [Law 49 of 2016]; and \u201coperative date\u201d means the date of commencement of section 21 of the Information and Communications Technology Authority (Amendment) (No. 2) Law, 2016 [Law 50 of 2016]. Information and CommunicationsTechnology Act (2026 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_103\", \"num\": \"103.\", \"text\": \"Validation of licence fees 103. (1) The licence fees charged by, paid to, and collected by, the Authority during the period commencing on 5th August, 2003 and ending on 15th January, 2017 are \u2014 (a)  validated; and (b)  taken to have been lawfully charged by, paid to, and collected by, the Authority, as if the licence fees had been prescribed in Regulations which were \u2014 (i)  made under section 70(3)(a) of the Information and Communications Technology Authority Act, 2002; and (ii)  published in the Gazette. (2)  The licence fees charged by, paid to, and collected by, the Office during the period commencing on 16th January, 2017 and ending on the 19th December, 2024, the commencement date of the Information and Communications Technology (Validation) Act, 2024 (Act 23 of 2024) are \u2014 (a)  validated; and (b)  taken to have been lawfully charged by, paid to, and collected by, the Office, as if the licence fees had been prescribed in Regulations which were \u2014 (i)  made under section 97(3)(a) of the Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act; and (ii)  published in the Gazette\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_104\", \"num\": \"104.\", \"text\": \"Immunity 104. (1) Notwithstanding any law to the contrary, any action of a director of the Board or any staff member of the Authority in the charging and collecting of licence fees by the Authority during the period commencing on 5th August, 2003 and ending on 15th January, 2017 are \u2014 (a)  validated; and (b)  taken to have been lawful and valid, if the action would have been lawful and valid had the licence fees been prescribed in Regulations which were \u2014 (i)  made under section 70(3)(a) of the Information and Communications Technology Authority Act, 2002; and (ii)  published in the Gazette. Information and Communications Technology Act (2026 Revision) (2)  Notwithstanding any law to the contrary, any action of a director of the Board, non-executive member, or staff member of the Office in the charging and collecting of licence fees by the Office during the period commencing on 16th January, 2017 and ending on the 19th December, 2024, the commencement date of the Information and Communications Technology (Validation) Act, 2024 (Act 23 of 2024) are \u2014 (a)  validated; and (b)  taken to have been lawful and valid, if the action would have been lawful and valid had the licence fees been prescribed in Regulations which were \u2014 (i)  made under section 97(3)(a) of the Information and Communications Technology Authority Act (2016 Revision) as amended by the Information and Communications Technology Authority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act; and (ii)  published in the Gazette. (3)  For the purposes of subsections (1) and (2), an action of a director of the Board or a staff member of the Authority, or a director of the Board, a non-executive member, or a staff member of the Office, is not taken to have been lawful or valid if the action was done in bad faith.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_105\", \"num\": \"105.\", \"text\": \"Orders or determinations by a court 105. The Information and Communications Technology (Validation) Act, 2024 (Act 23 of 2024) does not affect any order or determination made by a court with respect to licence fees prior to 19th December, 2024, the commencement date of the Information and Communications Technology (Validation) Act, 2024 (Act 23 of 2024).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_106\", \"num\": \"106.\", \"text\": \"Transitional provisions - pending and ongoing proceedings 106. Nothing in this Act affects any matter or proceeding in a court with respect to licence fees which is pending or in progress prior to the 19th December, 2024, the commencement date of the Information and Communications Technology (Validation) Act, 2024 (Act 23 of 2024). Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 1 SCHEDULE 1 (section 8) PROCEDURE OF THE BOARD Repealed by section 29 of the Information and Communications Technology Authority (Amendment) (No.2) Law, 2016 [Law 50 of 2016] SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 (section 2) A CODE TO GOVERN THE ACQUISITION BY LICENSEES OF RIGHTS OVER LAND AND ANCILLARY RIGHTS 1. Definitions 1. (1) In this Schedule \u2014 \u201calter\u201d, \u201calteration\u201d and \u201caltered\u201d shall be construed in accordance with subparagraph (2); \u201cCourt\u201d means, without prejudice to any right of appeal conferred by virtue of paragraph 25 or otherwise, the Summary Court; \u201cemergency works\u201d in relation to the licensee or a relevant undertaker for the purposes of paragraph 20, means works, the execution of which at the time it is proposed to execute them, is requisite in order to put an end to, or prevent, the arising of circumstances then existing or imminent which are likely to cause \u2014 (a) danger to persons or property; (b) the interruption of any service provided by the licensee\u2019s ICT network or ICT service or interference with the exercise of any functions conferred or imposed on the undertaker by or under any enactment; or (c) substantial loss to the licensee or the undertaker, and such other works as in all the circumstances it is reasonable to execute with those works; \u201cICT apparatus\u201d includes any ICT apparatus designed or adapted for use in connection with, or as part of, an ICT service or an ICT network and, in particular \u2014 (a) any line, that is to say, any wire, cable, tube, pipe or other similar thing (including its casing or coating) which is so designed or adapted; and (b) any tower, structure, pole or other thing in, on, by or from which any ICT apparatus is or may be installed, supported, carried or suspended, and references to the installation of ICT apparatus shall be construed accordingly; \u201cline\u201d shall be construed in accordance with the definition of ICT apparatus; \u201cpublic road\u201d has the same meaning as in the Roads Act (2005 Revision); \u201cstatutory purposes\u201d means the purposes of establishing and running the licensee\u2019s ICT network or ICT service; and Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 \u201cstructure\u201d does not include a building. (2) In this Schedule, references to the alteration of any ICT apparatus include reference to the moving, removal or replacement of the ICT apparatus. (3) In relation to any land which, otherwise than in connection with a road on that land, is divided horizontally into different parcels, the references in this Schedule to a place over or under the land shall have effect in relation to each parcel as not including references to any place in a different parcel. 2. Agreement required to confer right to execute works etc. 2. (1) The agreement in writing of the occupier for the time being of any land shall be required for conferring on a licensee a right for the statutory purposes \u2014 (a) to execute any works on that land for or in connection with the provision maintenance, adjustment, repair or alteration of ICT apparatus; (b) to keep ICT apparatus installed on, under or over that land; or (c) to enter that land to inspect any ICT apparatus kept installed (whether on, under or over that land or elsewhere) for the purposes of the licensee\u2019s ICT service or ICT network. (2) A person who is the owner of the freehold estate in any land or is a lessee of any land shall not be bound by a right conferred in accordance with subparagraph (1) by the occupier of that land unless \u2014 (a) that person conferred the right themselves as occupier of the land; (b) that person has agreed in writing to be bound by the right; (c) that person is for the time being treated under subparagraph (3) as having so agreed; or (d) that person is bound by the right by virtue of subparagraph (4). (3) If a right falling within subparagraph (1) has been conferred by the occupier of any land for purposes connected with the provision to the occupier from time to time of that land of any ICT service or ICT network and \u2014 (a) the person conferring the right is also the owner of the freehold estate in that land or is a lessee of the land under a lease for a term of a year or more; or (b) in a case not falling within paragraph (a), a person owning the freehold estate in the land or a lessee of the land under a lease for a term of a year or more has agreed in writing that that person\u2019s interest in the land should be bound by the right, then, subject to paragraph 4, that right shall (as well as binding the person who conferred it) have effect, at any time when the person who conferred it or a person bound by it under subparagraph (2)(b) or (4) is the occupier of the land, as if every person for the time being owning an interest in that land had agreed SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) in writing to the right being conferred for the said purposes and, subject to its being exercised solely for those purposes, to be bound by it. (4) In any case where a person owning an interest in land agrees in writing (whether when agreeing to the right as occupier or for the purposes of subparagraph (3)(b) or otherwise) that that person\u2019s interest should be bound by a right falling within subparagraph (1), that right shall (except in so far as the contrary intention appears) bind the owner from time to time of that interest and also \u2014 (a) the owner from time to time of any other interest in the land, being an interest created after the right is conferred and not having priority over the interest to which the agreement relates; and (b) any other person who is at any time in occupation of the land and whose right to occupation of the land derives (by contract or otherwise) from a person who at the time the right to occupation was granted was bound by virtue of this subparagraph. (5) A right falling within subparagraph (1) shall not be exercisable except in accordance with the terms (whether as to payment or otherwise) subject to which it is conferred and, accordingly, every person for the time being bound by such a right shall have the benefit of those terms. (6) A variation of a right falling within subparagraph (1) or of the terms on which such a right is exercisable shall be capable of binding persons who are not parties to the variation in the same way as, under subparagraphs (2), (3) and (4), such a right is capable of binding persons who are not parties to the conferring of the right. (7) A right falling within subparagraph (1) is not subject to the provisions of any enactment requiring the registration of interests in, charges on or other obligations affecting land. (8) In this paragraph and paragraphs 3 and 4 \u2014 (a) references to the occupier of any land shall have effect in relation to \u2014 (i) a public road as references to the Minister responsible for the time being for roads; (ii) a private road as references to the owner of the land over which the private road runs; and (iii) in relation to any land (not being a road) which is unoccupied, as references to the person, if any, who for the time being exercises powers of management or control over the land or, if there is no such person, to every person whose interest in the land would be prejudicially affected by the exercise of the right in question; and (b) \u201clease\u201d includes any strata lot or leasehold tenancy (whether in the nature of a head lease, sub-lease or underlease) and any agreement to grant such Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 a tenancy but not a mortgage by demise or sub-demise and \u201clessee\u201d shall be construed accordingly. (9) Subject to paragraphs 9(2) and 11(2), this paragraph shall not require any person to give that person\u2019s agreement to the exercise of any right conferred by any of paragraphs 9 to 12. 3. Agreement required for obstructing access etc. 3. (1) A right conferred in accordance with paragraph 2 or by paragraph 9, 10 or 11 to execute any works on any land, to keep ICT apparatus installed on, under or over any land or to enter any land shall not be exercisable so as to interfere with or obstruct any means of entering or leaving any other land unless the occupier for the time being of the other land conferred, or is otherwise bound by, a right to interfere with or obstruct that means of entering or leaving the other land. (2) The agreement in writing of the occupier for the time being of the other land shall be required for conferring any right for the purposes of subparagraph (1) on the licensee. (3) The references in subparagraph (1) to a means of entering or leaving any land include references to any means of entering or leaving the land provided for use in emergencies. (4) Subparagraphs (2) to (7) of paragraph 2, except subparagraph (3), shall apply (subject to the following provisions of this Schedule) in relation to a right falling within subparagraph (1) as they apply in relation to a right falling within paragraph 2(1). (5) Nothing in this paragraph shall require the person who is the occupier of, or owns any interest in, any land which is a road, or to which paragraph 11 applies, to agree to the exercise of any right on any other land. 4. Effect of rights and compensation 4. (1) Anything done by the licensee in exercise of a right conferred in relation to any land in accordance with paragraph 2 or 3 shall be deemed to be done in exercise of a statutory power except as against \u2014 (a) a person who, being the owner of the freehold estate in that land or a lessee of the land, is not for the time being bound by the right; or (b) a person having the benefit of any covenant or agreement which has been entered into as respects the land under any enactment and which, by virtue of that enactment, binds or will bind persons deriving title or otherwise claiming under the covenant or a person who was a party to the agreement. (2) Where a right has been conferred in relation to any land in accordance with paragraph 2 or 3 and anything has been done in exercise of that right, any person SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) who, being the occupier of the land, the owner of the freehold estate in the land or a lessee of the land, is not for the time being bound by the right shall have the right to require the licensee to restore the land to its condition before that thing was done. (3) Any duty imposed by virtue of subparagraph (2) shall, to the extent that its performance involves the removal of any ICT apparatus from any land, be enforceable only in accordance with paragraph 18. (4) Where \u2014 (a) on a right in relation to any land being conferred or varied in accordance with paragraph 2, there is a depreciation in the value of any relevant interest in the land; and (b) that depreciation is attributable to the fact that paragraph 18 will apply to the removal from the land, when the owner for the time being of that interest becomes the occupier of the land, of any ICT apparatus installed in pursuance of that right, the licensee shall pay compensation to the person who, at the time the right is conferred or, as the case may be, varied, is the owner of the relevant interest; and the amount of that compensation shall be equal (subject to subparagraph (9)) to the amount of the depreciation. (5) In subparagraph (4) \u2014 \u201crelevant interest\u201d, in relation to land subject to a right conferred or varied in accordance with paragraph 2, means any interest in respect of which the following two conditions are satisfied at the time the right is conferred or varied, namely \u2014 (a) the owner of the interest is not the occupier of the land but may become the occupier of the land by virtue of that interest; and (b) the owner of the interest becomes bound by the right or variation by virtue only of paragraph 2(3). (6) Any question as to a person\u2019s entitlement to compensation under subparagraph (4), or as to the amount of any compensation under that subparagraph shall, in default of agreement, be referred to and determined in accordance with the Arbitration Act, 2012 [Law 3 of 2012]. (7) A claim to compensation under subparagraph (4) shall be made by giving the licensee notice of the claim and specifying in that notice particulars of \u2014 (a) the land in respect of which the claim is made; (b) the claimant\u2019s interest in the land and, so far as known to the claimant, any other interests in the land; (c) the right or variation in respect of which the claim is made; and (d) the amount of the compensation claimed, Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 and such a claim shall be capable of being made at any time before the claimant becomes the occupier of the land in question, or at any time in a period of three years beginning with that time. (8) Without prejudice to the powers of the arbitrator or umpire in respect of the costs of any proceedings before that person under the Arbitration Act, 2012 [Law 3 of 2012] by virtue of this paragraph, where compensation is payable under sub-paragraph (4) there shall also be payable, by the licensee to the claimant, any reasonable valuation or legal expenses incurred by the claimant for the purposes of the preparation and prosecution of that claimant\u2019s claim for that compensation. 5. Power to dispense with the need for required agreement 5. (1) Where the licensee requires any person to agree for the purposes of paragraph 2 or 3 that any right should be conferred on the licensee, or that any right should bind that person or any interest in land, the licensee may give a notice to that person of the right and of the agreement that that licensee requires. (2) Where a period of twenty-eight days beginning with the giving of a notice under subparagraph (1) has expired without the giving of the required agreement, the licensee may apply to the Court for an order conferring the proposed right, or providing for it to bind any person or any interest in land, and (in either case) dispensing with the need for the agreement of the person to whom the notice was given. (3) The Court shall make an order under this paragraph if, but only if, it is satisfied that any prejudice caused by the order \u2014 (a) is capable of being adequately compensated for by money; or (b) is outweighed by the benefit accruing from the order to the persons whose access to an ICT service or an ICT network will be secured by the order, and in determining the extent of the prejudice, and the weight of that benefit, the Court shall have regard to all the circumstances and to the principle that no person should unreasonably be denied access to an ICT service or an ICT network. (4) An order under this paragraph made in respect of a proposed right may, in conferring that right or providing for it to bind any person or any interest in land and in dispensing with the need for any person\u2019s agreement, direct that the right shall have effect with such modifications, be exercisable on such terms and be subject to such conditions as may be specified in the order. (5) The terms and conditions specified by virtue of subparagraph (4) in an order under this paragraph shall include such terms and conditions as appear to the Court appropriate for ensuring that the least possible loss and damage is caused SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) by the exercise of the right in respect of which the order is made to persons who occupy, own interests in or are, from time to time, on the land in question. (6)      (a) In any proceedings under this paragraph the Magistrate may, if that Magistrate thinks fit, on the application of either party, summon to that Magistrate\u2019s assistance one or more independent persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the Magistrate and act as that Magistrate\u2019s assessors; (b) the remuneration of assessors for sitting under this paragraph shall be at such rate as may be prescribed by regulations and shall be costs in the proceedings unless ordered otherwise by the Magistrate; (c) an assessor may, if so directed by the Magistrate, inspect the land to which the proceedings relate without the Magistrate and report on the land to the Magistrate in writing; and (d) the Magistrate may take the report into account in determining whether to make an order under this paragraph and what order to make. (7) Where an order under this paragraph, for the purpose of conferring any right or making provision for a right to bind any person or any interest in land, dispenses with the need for the agreement of any person, the order shall have the same effect and incidents as the agreement of the person the need for whose agreement is dispersed with and accordingly (without prejudice to the foregoing) shall be capable of variation or release by a subsequent agreement. 6. Acquisition of rights in respect of ICT apparatus already installed 6. (1) The following provisions of this paragraph apply where the licensee gives notice under paragraph 5(1) to any person and \u2014 (a) that notice requires that person\u2019s agreement in respect of a right which is to be exercisable (in whole or in part) in relation to ICT apparatus already kept installed on, under or over the land in question; and (b) that person is entitled to require the removal of that ICT apparatus but, by virtue of paragraph 18, is not entitled to enforce its removal. (2) The Court may, on the application of the licensee, confer on the licensee such temporary rights as appear to the Court reasonably necessary for securing that, pending the determination of any proceedings under paragraph 5 or 18, the licensee\u2019s ICT service or ICT network is maintained and the ICT apparatus properly adjusted and kept in repair. (3) In any case where it is shown that a person with an interest in the land was entitled to require the removal of the ICT apparatus immediately after it was installed, the Court shall, in determining for the purposes of paragraph 5 whether the ICT apparatus should continue to be kept installed on, under or over Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 the land, disregard the fact that the ICT apparatus has already been installed there. 7. Court to fix financial terms where agreement dispensed with 7. (1) The terms and conditions specified by virtue of paragraph 5(4) in an order under that paragraph dispensing with the need for a person\u2019s agreement, shall include \u2014 (a) such terms with respect to the payment of consideration in respect of the giving of the agreement, or the exercise of the rights to which the order relates, as it appears to the Court would have been fair and reasonable if the agreement had been given willingly and subject to the other provisions of the order; and (b) such terms as appear to the Court appropriate for ensuring that that person and persons from time to time bound by virtue of paragraph 2(4) by the rights to which the order relates are adequately compensated (whether by the payment of such consideration or otherwise) for any loss or damage sustained by them in consequence of the exercise of those rights. (2) In determining what terms should be specified in an order under paragraph 5 for requiring an amount to be paid to any person in respect of \u2014 (a) the provisions of that order conferring any right or providing for any right to bind any person or any interest in land; or (b) the exercise of any right to which the order relates, the Court shall take into account the prejudicial effect, if any, of the order or, as the case may be, of the exercise of the right on that person\u2019s enjoyment of, or on any interest of that person in, land other than the land in relation to which the right is conferred. (3) In determining what terms should be specified in an order under paragraph 5 for requiring an amount to be paid to any person, the Court shall, in a case where the order is made in consequence of an application made in connection with proceedings under paragraph 18, take into account, to such extent as it thinks fit, any period during which that person \u2014 (a) was entitled to require the removal of any ICT apparatus from the land in question; but (b) by virtue of paragraph 18, was not entitled to enforce its removal, but where the Court takes any such period into account, it may also take into account any compensation paid under paragraph 4(4). (4) The terms specified by virtue of subparagraph (1) in an order under paragraph 5 may provide \u2014 SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) (a) for the making of payments from time to time to such persons as may be determined under those terms; and (b) for questions arising in consequence of those terms (whether as to the amount of any loss or damage caused by the exercise of a right or otherwise) to be referred to arbitration or to be determined in such other manner as may be specified in the order. (5) The Court may, if it thinks fit \u2014 (a) where the amount of any sum required to be paid by virtue of terms specified in an order under paragraph 5 has been determined, require the whole or any part of any such sum to be paid into Court; and (b) pending the determination of the amount of any such sum, order the payment into Court of such amount on account as the Court thinks fit. (6) Where terms specified in an order under paragraph 5 require the payment of any sum to a person who cannot be found or ascertained, that sum shall be paid into Court. 8. Notices and applications by potential subscribers 8. (1) Where \u2014 (a) it is reasonably necessary for the agreement of any person to the conferring of any right, or to any rights binding any person or any interest in land, to be obtained by the licensee before another person (\u201cthe potential subscriber\u201d) may be afforded access to the licensee\u2019s ICT service or ICT network; and (b) the licensee has not given a notice or (if that licensee has given a notice) has not made an application in respect of that right under paragraph 5, the potential subscriber may, at any time, give a notice to the licensee requiring that licensee to give a notice or make an application under paragraph 5 in respect of that right. (2) At any time after notice has been given to the licensee under sub-paragraph (1), the licensee may apply to the Court to have the notice set aside on the ground that the conditions mentioned in that subparagraph are not satisfied on the ground that, even if the agreement were obtained, the licensee would not afford the potential subscriber access to the licensee\u2019s ICT service or ICT network and could not be required to afford that potential subscriber access to that system. (3) Subject to any order of the Court made in or pending any proceedings under subparagraph (2), if at any time after the expiration of a period of twenty-eight days beginning with the giving to the licensee of a notice under subparagraph (1), the licensee has not complied with the notice, the potential subscriber may themselves, on the licensee\u2019s behalf, give the required notice Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 and (if necessary) make an application under paragraph 5 or make the required application. (4) The Court may, on an application made by virtue of subparagraph (3), give such directions as it thinks fit \u2014 (a) with respect to the separate participation of the licensee in the proceedings to which the application gives rise; and (b) requiring the licensee to provide information to the Court. (5) A covenant, condition or agreement which would have the effect of preventing or restricting the taking by any person as a potential subscriber of any step under this paragraph shall be void to the extent that it would have that effect. (6) Nothing in this paragraph shall be construed as requiring the licensee to reimburse the potential subscriber for any costs incurred by the potential subscriber in or in connection with the taking of any step under this paragraph on the licensee\u2019s behalf. 9. Road works 9. (1) The licensee shall, for the statutory purposes, have the right to do any of the following things \u2014 (a) install ICT apparatus, or keep ICT apparatus installed, under, over, in, on, along or across a road; (b) inspect, maintain, adjust, repair or alter any ICT apparatus so installed; and (c) execute any works requisite for or incidental to the purposes of any works falling within paragraph (a) or (b), including for those purposes the following kinds of works, that is to say \u2014 (i) breaking up or opening a road; (ii) tunnelling or boring under a road; and (iii) breaking up or opening a sewer, drain or tunnel. (2) The following provisions of this Schedule, and the rights conferred by this paragraph shall not be exercisable in a road which is not a public road without either the agreement required by paragraph 2 or an order of the Court under paragraph 5 dispensing with the need for that agreement. Power to install fly lines 10. (1) Subject to paragraph 3 and the following provisions of this Schedule, where any ICT apparatus is kept installed on or over any land for the purposes of the licensee\u2019s ICT service or ICT network, the licensee shall, for the statutory purposes, have the right to install and keep installed lines which \u2014 SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) (a) pass over other land adjacent to or in the vicinity of the land on or over which that ICT apparatus is so kept; (b) are connected to that ICT apparatus; and (c) are not, at any point in the course of passing over the other land, less than three metres above the ground or within two metres of any building over which they pass. (2) Nothing in subparagraph (1) shall authorise the installation or keeping on or over any land of \u2014 (a) any ICT apparatus used to support, carry or suspend a line installed in pursuance of that subparagraph; or (b) any line which by reason of its position interferes with the carrying on of any business carried on that land. (3) In this paragraph \u2014 \u201cbusiness\u201d includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporate. 10. Tidal waters, etc. 11.   (1) Subject to paragraph 3 and the following provisions of this Schedule, the licensee shall have the right for the statutory purposes \u2014 (a) to execute any works (including placing any buoy or seamark) on any tidal water or lands for or in connection with the installation, maintenance, adjustment, repair or alteration of ICT apparatus; (b) to keep ICT apparatus installed on, under or over tidal water or lands; and (c) to enter any tidal water or lands to inspect any ICT apparatus so installed. (2) A right conferred by this paragraph shall not be exercised in relation to any land in which a Crown interest, within the meaning of paragraph 22, subsists unless agreement to the exercise of the right in relation to that land has been given, in accordance with subparagraph (3) of that paragraph, in respect of that interest. (3) Before executing any works in exercise of a right conferred by this paragraph, the licensee shall submit a plan of the proposed works to the Minister for the Minister\u2019s approval. (4) Subparagraph (3) shall not apply to the execution of any emergency works, but, as soon as practicable after commencing any emergency works on any tidal water or lands, the licensee shall submit a plan of those works to the Minister for the Minister\u2019s approval. (5) As soon as reasonably practicable after a plan is submitted to the Minister under subparagraph (3) or (4), the Minister shall, after consulting such authorities exercising functions in relation to the tidal water or lands in question as it appears to the Minister appropriate to consult, consider whether to approve it, Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 and, if the Minister does approve it, the Minister may do so subject to such modifications and conditions and on such terms as the Minister thinks fit. (6) The Minister shall not approve a plan submitted under sub-paragraph (3) or (4) unless the Minister is satisfied that adequate arrangements have been made for compensating any persons appearing to the Minister to be owners of interests in the tidal water or lands in question for any loss or damage sustained by those persons in consequence of the execution of the works to which the plan relates. (7) If \u2014 (a) the licensee executes any works in exercise of a right conferred by this paragraph; but (b) those works are executed otherwise than in accordance with a plan approved by the Minister (including, in the case of emergency works, where works already commenced are not approved) or a condition on which any approval of the Minister is given or has been contravened, the Minister may, by notice, require the licensee to execute such remedial works as the Minister thinks appropriate having regard to the terms and conditions of any approval that the Minister has given and, if those works are not executed in accordance with the notice, may execute them at the licensee\u2019s expense. (8) Where, as the result \u2014 (a) of the failure of the licensee reasonably to maintain any ICT apparatus kept installed for the purposes of the licensee\u2019s ICT service or ICT network on, under or over any tidal water or lands; or (b) of the abandonment by the licensee of any such ICT apparatus, it appears to the Minister that any remedial works should be executed, the Minister may, by notice, require the licensee to execute those works and, if those works are not executed in accordance with the notice, may execute them themselves at the licensee\u2019s expense. (9) The Minister shall have power for the purposes of exercising that Minister\u2019s functions under this paragraph, and of determining whether to exercise those functions, to cause a survey or examination to be carried out, at the licensee\u2019s expense, of any works or ICT apparatus or of the site or proposed site of any works or ICT apparatus. (10) Where the Minister is authorised by this paragraph to do any thing at the licensee\u2019s expense, the expenses incurred by the Minister in or in connection with the doing of that thing shall be recoverable by the Minister from the licensee in the Court. (11) In this paragraph \u2014 SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) \u201cremedial works\u201d includes any works of repair or restoration, the alteration of any ICT apparatus and any works to restore the site of any ICT apparatus to its original condition; and \u201ctidal water or lands\u201d includes any branch of the sea, the shore below mean high water mark and the bed of any tidal water. 11. Use of certain conduits 12. (1) Nothing in the preceding provisions of this Schedule shall authorise the doing of anything inside a relevant conduit without the agreement of the person with control of that conduit. (2) The agreement of the person or authority with control of a public sewer shall be sufficient in all cases to confer a right falling within any of the preceding provisions of this Schedule where the right is to be exercised wholly inside that sewer. (3) In this paragraph \u2014 \u201cpublic sewer\u201d means a pipe or sewer maintained by an authority or person whose business is the provision of drainage to premises, for the conveyance of sewage or trade effluent; and \u201crelevant conduit\u201d means \u2014 (a) any conduit which, whether or not it is itself an electric line, is maintained by an authority or person whose business is the transmission or supply of electricity for the purpose of surrounding, enclosing or supporting such a line, including, where a conduit is connected to a box, chamber or other structure (including a building) maintained for the transmission or supply of electricity, that box or chamber; or (b) a water main or other conduit maintained by an authority or person whose business is the conveyance or supply of water for the purpose of conveying water from one place to another. 12. Compensation for injurious affection to neighbouring land, etc. 13. (1) Where a right conferred by or in accordance with any of the preceding provisions of this Schedule is exercised, compensation shall be payable by the licensee under section 11 of the Land Acquisition Act (1995 Revision) as if that section had effect in relation to injury caused by the exercise of such a right as it has effect in relation to damage sustained by a person interested in land by reason of the acquisition injuriously affecting that person\u2019s other property. (2) Subparagraph (1) shall not confer any entitlement to compensation on any person in respect of the exercise of a right conferred in accordance with paragraph 2 or 3, if that person conferred the right or is bound by it by virtue of paragraph 2(2)(b) or (d), but, save as aforesaid, the entitlement of any person to Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 compensation under this paragraph shall be determined irrespective of that person\u2019s ownership of any interest in the land where the right is exercised. (3) Compensation shall not be payable on any claim for compensation under this paragraph unless the amount of the compensation exceeds one hundred dollars. 13. Objections to overhead ICT apparatus 14. (1) This paragraph applies where the licensee has completed the installation for the purposes of the licensee\u2019s ICT service or ICT network of any ICT apparatus, the whole or part of which is at a height of three feet or more above the ground. (2) At any time before the expiration of a period of three months beginning with the completion of the installation of the ICT apparatus, a person who is the occupier of or owns an interest in \u2014 (a) any land over or on which the ICT apparatus has been installed; or (b) any land the enjoyment of which, or any interest in which, is, because of the nearness of the land to the land on or over which the ICT apparatus has been installed, capable of being prejudiced by the ICT apparatus, may give the licensee notice of objection in respect of that ICT apparatus. (3) No notice of objection may be given in respect of any ICT apparatus if the ICT apparatus \u2014 (a) replaces any ICT apparatus which is not substantially different from the new ICT apparatus; and (b) is not in a significantly different position. (4) Where a person has both given a notice under this paragraph and applied for compensation under any of the preceding provisions of this Schedule, the Court \u2014 (a) may give such directions as it thinks fit for ensuring that no compensation is paid until any proceedings under this paragraph have been disposed of; and (b) if the Court makes an order under this paragraph, may provide in that order for some or all of the compensation otherwise payable under this Schedule to that person not to be so payable, or, if the case so requires, for some or all of any compensation paid under this Schedule to that person to be repaid to the licensee. (5) At any time after the expiration of a period of two months beginning with the giving of a notice of objection but before the expiration of a period of four months beginning with the giving of that notice, the person who gave the notice may apply to the Court to have the objection upheld. (6) Subject to subparagraph (7), the Court shall uphold the objection if the ICT apparatus appears materially to prejudice the applicant\u2019s enjoyment of, or SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) interest in, the land in right of which the objection is made and the Court is not satisfied that the only possible alterations of the ICT apparatus will \u2014 (a) substantially increase the cost or diminish the quality of the service provided by the licensee\u2019s ICT network or ICT service to persons who have, or may in future have, access to it; (b) involve the licensee in substantial additional expenditure (disregarding any expenditure occasioned solely by the fact that any proposed alteration was not adopted originally or, as the case may be, that the ICT apparatus has been unnecessarily installed); or (c) give to any person a case at least as good as the applicant has to have an objection under this paragraph upheld. (7) The Court shall not uphold the objection if the applicant is bound by a right of the licensee falling within paragraph 2 or 3(1) to install the ICT apparatus, and it appears to the Court unreasonable, having regard to the fact that the applicant is so bound and the circumstances in which that applicant became so bound, for the applicant to have given notice of objection. (8) In considering the matters specified in subparagraph (6), the Court shall have regard to all the circumstances and to the principle that no person should unreasonably be denied access to an ICT service or to an ICT network. (9) If it upholds an objection under this paragraph, the Court may, by order \u2014 (a) direct the alteration of the ICT apparatus to which the objection relates; (b) authorise the installation (instead of the ICT apparatus to which the objection relates),in a manner and position specified in the order, of any ICT apparatus so specified; or (c) direct that no objection may be made under this paragraph in respect of any ICT apparatus the installation of which is authorised by the Court. (10) The Court shall not make any order under this paragraph directing the alteration of any ICT apparatus or authorising the installation of any ICT apparatus unless it is satisfied either \u2014 (a) that the licensee has all such rights as it appears to the Court appropriate that the licensee should have for the purpose of making the alteration or, as the case may be, installing the ICT apparatus; or (b) that \u2014 (i) that person would have all those rights if the Court, on an application under paragraph 5, dispensed with the need for the agreement of any person; and (ii) it would be appropriate for the Court, on such an application, to dispense with the need for that agreement, Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 and, accordingly, for the purposes of dispensing with the need for the agreement of any person to the alteration or installation of any ICT apparatus, the Court shall have the same powers as it would have if an application had been duly made under paragraph 5 for an order dispensing with the need for that person\u2019s agreement. (11) For the purposes of subparagraphs (6)(c) and (10), the Court shall have power, on an application under this paragraph, to give the applicant directions for bringing the application to the notice of such other interested persons as it thinks fit. 14. Obligation to affix notices to overhead ICT apparatus 15. (1) Where the licensee has, for the purposes of the licensee\u2019s ICT service or ICT network, installed any ICT apparatus the whole or part of which is at a height of three feet or more above the ground, the licensee shall, before the expiration of a period of three days beginning with the completion of the installation, in a secure and durable manner affix a notice \u2014 (a) to every major item of ICT apparatus installed; or (b) if no major item of ICT apparatus is installed, to the nearest major item of ICT apparatus to which the ICT apparatus that is installed is directly or indirectly connected. (2) A notice affixed under subparagraph (1) shall be affixed in a position where it is reasonably legible and shall give the name of the licensee and an address in the Islands at which any notice of objection may be given under paragraph 14 in respect of the ICT apparatus in question, and any person giving such a notice at that address in respect of that ICT apparatus shall be deemed to have been furnished with that address for the purposes of paragraph 21(4)(a). (3) If the licensee contravenes the requirements of this paragraph the licensee commits an offence and is liable on summary conviction to a fine of two thousand dollars. (4) In any proceedings for an offence under this paragraph it shall be a defence for the person charged to prove that that person took all reasonable steps and exercised all due diligence to avoid committing the offence. 15. Tree lopping 16. (1) Where any tree overhangs any road and, in doing so, either \u2014 (a) obstructs or interferes with the working of any ICT apparatus used for the purposes of the licensee\u2019s ICT service or ICT network ; or (b) will obstruct or interfere with the working of any ICT apparatus which is about to be installed for those purposes, SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) the licensee may, by notice to the occupier of the land on which the tree is growing, require the tree to be lopped so as to prevent the obstruction or interference. (2) If, within a period of twenty-eight days beginning with the giving of the notice by the licensee, the occupier of the land on which the tree is growing gives the licensee a counter-notice objecting to the lopping of the tree, the notice shall have effect only if confirmed by an order of the Court. (3) If, at any time, a notice under subparagraph (1) has not been complied with and either \u2014 (a) a period of twenty-eight days beginning with the giving of the notice has expired without a counter-notice having been given; or (b) an order of the Court confirming the notice has come into force, the licensee may themselves cause the tree to be lopped as mentioned in subparagraph (1). (4) Where the licensee lops a tree in exercise of the power conferred by subparagraph (3) that licensee shall do so in a husband-like manner and in such a way as to cause the minimum damage to the tree. (5) Where \u2014 (a) a notice under subparagraph (1) is complied with either without a counternotice having been given or after the notice has been confirmed; or (b) the licensee exercises the power conferred by subparagraph (3), the Court shall, on an application made by a person who has sustained loss or damage in consequence of the lopping of the tree or who has incurred expenses in complying with the notice, order the licensee to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit. 16. Power to require alteration of ICT apparatus 17. (1) Where any ICT apparatus is kept installed on, under or over any land for the purposes of the licensee\u2019s ICT service or ICT network, any person with an interest in that land or adjacent land may (notwithstanding the terms of any agreement binding that person), by notice given to the licensee, require the alteration of the ICT apparatus on the ground that the alteration is necessary to enable that person to carry out a proposed improvement of the land in which that person has an interest. (2) Where a notice is given under subparagraph (1) by any person to the licensee, the licensee shall comply with it unless the licensee gives a counter-notice under this subparagraph within a period of twenty-eight days beginning with the giving of the notice. Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 (3) Where a counter-notice is given under subparagraph (2) to any person, the licensee shall make the required alteration only if the Court, on an application by that person, makes an order requiring the alteration to be made. (4) The Court shall make an order under this paragraph for an alteration to be made only if, having regard to all the circumstances and the principle that no person should unreasonably be denied access to a telecommunication system, it is satisfied \u2014 (a) that the alteration is necessary as mentioned in subparagraph (1); and (b) that the alteration will not substantially interfere with any service provided by the licensee\u2019s system. (5) The Court shall not make an order under this paragraph for the alteration of any ICT apparatus unless it is satisfied either \u2014 (a) that the licensee has all such rights as it appears to the Court appropriate that the licensee should have for the purpose of making the alteration; or (b) that \u2014 (i) that person would have all those rights if the Court, on an application under paragraph 5, dispensed with the need for the agreement of any person; and (ii) it would be appropriate for the Court, on such an application, to dispense with the need for that agreement, and, accordingly, for the purposes of dispensing with the need for the agreement of any person to the alteration of any ICT apparatus, the Court shall have the same powers as it would have if an application had been duly made under paragraph 5 for an order dispensing with the need for that person\u2019s agreement. (6) For the purposes of subparagraph (5), the Court shall have power on an application under this paragraph to give the applicant directions for bringing the application to the notice of such other interested persons as it thinks fit. (7) An order under this paragraph may provide for the alteration to be carried out with such modifications, on such terms and subject to such conditions as the Court thinks fit, but the Court shall not include any such modifications, terms or conditions in its order without the consent of the applicant, and, if such consent is not given, may refuse to make an order under this paragraph. (8) An order made under this paragraph on the application of any person shall, unless the Court otherwise thinks fit, require that person to reimburse the licensee in respect of any expenses which the licensee incurs in or in connection with the execution of any works in compliance with the order. (9) In subparagraph (1) \u2014 \u201cimprovement\u201d includes development and change of use. SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) 17. Restriction on right to require the removal of ICT apparatus 18. (1) Where any person is for the time being entitled to require the removal of any of the licensee\u2019s ICT apparatus from any land (whether under any enactment or because that ICT apparatus is kept on, under or over that land otherwise than in pursuance of a right binding that person or for any other reason) that person shall not be entitled to enforce the removal of the ICT apparatus except, subject to subparagraph (12), in accordance with the following provisions of this paragraph. (2) The person entitled to require the removal of any of the licensee\u2019s ICT apparatus shall give a notice to the licensee requiring the removal of the ICT apparatus. (3) Where a person gives a notice under subparagraph (2) and the licensee does not give that person a counter-notice within a period of twenty-eight days beginning with the giving of the notice, that person shall be entitled to enforce the removal of the ICT apparatus. (4) A counter-notice given under subparagraph (3) to any person by the licensee shall \u2014 (a) state that that person is not entitled to require the removal of the ICT apparatus; or (b) specify the steps which the licensee proposes to take for the purpose of securing a right against that person to keep the ICT apparatus on the land. (5) Those steps may include any steps which the licensee could take for the purpose of enabling the licensee, if the ICT apparatus is removed, to re-install the ICT apparatus, and the fact that by reason of the following provisions of this paragraph any proposed re-installation is only hypothetical shall not prevent the licensee from taking those steps or any Court or person from exercising any function in consequence of those steps having been taken. (6) Where a counter-notice is given under subparagraph (3) to any person, that person may only enforce the removal of the ICT apparatus in pursuance of an order of the Court, and, where the counter-notice specifies steps which the licensee is proposing to take to secure a right to keep the ICT apparatus on the land, the Court shall not make such an order unless it is satisfied \u2014 (a) that the licensee is not intending to take those steps or is being unreasonably dilatory in the taking of those steps; or (b) that the taking of those steps has not secured, or will not secure, for the licensee as against that person any right to keep the ICT apparatus installed on, under or over the land or to re-install it if it is removed. (7) Where any person is entitled to enforce the removal of any ICT apparatus under this paragraph (whether by virtue of subparagraph (3) or an order of the Court under subparagraph (6)), that person may, without prejudice to any method available to that person apart from this subparagraph for enforcing the removal Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 of that ICT apparatus, apply to the Court for authority to remove it themselves, and, on such an application, the Court may, if it thinks fit, give that authority. (8) Where any ICT apparatus is removed by any person under an authority given by the Court under subparagraph (7), any expenses incurred by that person in or in connection with the removal of the ICT apparatus shall be recoverable by that person from the licensee in the Court; and in so giving an authority to any person the Court may also authorise that person, in accordance with the directions of the Court, to sell any ICT apparatus removed under the authority and to retain the whole or a part of the proceeds of sale on account of those expenses. (9) Any ICT apparatus kept installed on, under or over any land shall (except for the purposes of this paragraph and without prejudice to paragraphs 6(3) and 7(3)) be deemed, as against any person who was at any time entitled to require the removal of the ICT apparatus, but by virtue of this paragraph not entitled to enforce its removal, to have been lawfully so kept at that time. (10) Where this paragraph applies in relation to ICT apparatus the alteration of which some person (\u201cthe relevant person\u201d) is entitled to require in consequence of the stopping up, closure, change or diversion of any road or the extinguishment or alteration of any public right of way \u2014 (a) the removal of the ICT apparatus shall constitute compliance with a requirement to make any other alteration; (b) a counter-notice under subparagraph (3) may state (in addition to, or instead of, any of the matters mentioned in subparagraph (4)) that the licensee requires the relevant person to reimburse the licensee in respect of any expenses which the licensee incurs in or in connection with the making of any alteration in compliance with the requirements of the relevant person; (c) an order made under this paragraph on an application by the relevant person in respect of a counter-notice containing such a statement shall, unless the Court otherwise thinks fit, require the relevant person to reimburse the licensee in respect of any expenses which the licensee so incurs; and (d) subparagraph (8) shall not apply. (11) References in this paragraph to the licensee\u2019s ICT apparatus include references to ICT apparatus which (whether or not vested in the licensee) is being, is to be or has been used for the purposes of the licensee\u2019s ICT service or ICT network. (12) A person shall not, under this paragraph, be entitled to enforce the removal of any ICT apparatus on the ground only that that that person is entitled to give a notice under paragraph 11, 14 or 17, and this paragraph is without prejudice to paragraph 20 and to the power to enforce an order of the Court under the said paragraph 11, 14 or 17. SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) 18. Abandonment of ICT apparatus 19. Without prejudice to the preceding provisions of this Schedule, where the licensee has a right conferred by or in accordance with this Schedule for the statutory purposes to keep ICT apparatus installed on, under or over any land, the licensee is not entitled to keep that ICT apparatus so installed if, at a time when the ICT apparatus is not, or is no longer, used for the purposes of the licensee\u2019s ICT service or ICT network, there is no reasonable likelihood that it will be so used. 19. Undertaker\u2019s works. 20. (1) The following provisions of this paragraph apply where a relevant undertaker is proposing to execute any undertaker\u2019s works which involve or are likely to involve a temporary or permanent alteration of any ICT apparatus kept installed on, under or over any land for the purposes of the licensee\u2019s ICT service or ICT network. (2) The relevant undertaker shall, not less than ten days before the works are commenced, give the licensee a notice specifying the nature of the undertaker\u2019s works, the alteration or likely alteration involved and the time and place at which the works will be commenced. (3) Subparagraph (2) shall not apply in relation to any emergency works of which the relevant undertaker gives the licensee notice as soon as practicable after commencing the works. (4) Where a notice has been given under subparagraph (2) by a relevant undertaker to the licensee, the licensee may, within a period of ten days beginning with the giving of the notice, give the relevant undertaker a counter-notice which may state either \u2014 (a) that the licensee intends themselves to make any alteration made necessary or expedient by the proposed undertaker\u2019s works; or (b) that the licensee requires the undertaker, in making any such alteration, to do so under the supervision and to the satisfaction of the licensee. (5) Where a counter-notice given under subparagraph (4) states that the licensee intends themselves to make any alteration \u2014 (a) the licensee shall (subject to subparagraph (7)) have the right, instead of the relevant undertaker, to execute any works for the purpose of making that alteration; and (b) any expenses incurred by the licensee in or in connection with the execution of those works and the amount of any loss or damage sustained by the licensee in consequence of the alteration shall be recoverable by the licensee from the undertaker in any Court of competent jurisdiction. Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 (6) Where a counter-notice given under subparagraph (4) states that any alteration is to be made under the supervision and to the satisfaction of the licensee \u2014 (a) the relevant undertaker shall not make the alteration except as required by the notice or under subparagraph (7); and (b) any expenses incurred by the licensee in or in connection with the provision of that supervision and the amount of any loss or damage sustained by the licensee in consequence of the alteration shall be recoverable by the licensee from the undertaker in any Court of competent jurisdiction. (7) Where \u2014 (a) no counter-notice is given under subparagraph (4); or (b) the licensee, having given a counter-notice falling within that subparagraph, fails within a reasonable time to make any alteration made necessary or expedient by the proposed undertaker\u2019s works or, as the case may be, unreasonably fails to, provide the required supervision, the relevant undertaker may themselves execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the licensee; but in either case the undertaker shall execute the works to the satisfaction of the licensee. (8) If the relevant undertaker or any of that undertaker\u2019s agents \u2014 (a) executes any works without the notice required by subparagraph (2) having been given; or (b) unreasonably fails to comply with any reasonable requirement of the licensee under this paragraph, he, subject to subparagraph (9), commits an offence and is liable on summary conviction to a fine \u2014 (i) if the licensee\u2019s ICT service or ICT network is interrupted by the works or failure, of five thousand dollars; and (ii) if that ICT service or ICT network is not so interrupted, of three thousand dollars. (9) In this paragraph \u2014 \u201crelevant undertaker\u201d means \u2014 (a) any person (including a Minister or a department of Government) authorised by any law or by any order or scheme made under or confirmed by any law to carry on any water supply, electricity supply, airport, road, road traffic, road transport, dock, harbour, pier or lighthouse undertaking; (b) any licensee; and (c) any person or authority to whom this paragraph is applied by any law amended by, or under, or passed after this Act; and SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) \u201cundertaker\u2019s works\u201d means \u2014 (a) in relation to a relevant undertaker falling within paragraph (a) of the preceding definition, any works which that undertaker is authorised to execute for the purposes of, or in connection with, the carrying on by that undertaker of the undertaking mentioned in that paragraph; and (b) in relation to a relevant undertaker falling within paragraph (b) of that definition, any works which that undertaker is authorised to execute by or in accordance with any provision of this Schedule. 21. (1) Any notice required to be given by the licensee to any person for the purposes of any provision of this Schedule shall be in the prescribed form and such notice shall indicate to that person the effect of the notice and shall indicate the steps that may be taken by that person under this Schedule in respect of that notice. (2) Any notice required to be given to any person for the purposes of any provision of this Schedule may be given to that person either by delivering it to that person or by leaving it at that person\u2019s proper address or by post. (3) Any notice required to be given under this Schedule may be given to an incorporated company or body by giving it to the secretary or clerk of the company or body. (4) For the purposes of this Schedule and in accordance with section 53 of the Interpretation Act (1995 Revision), the proper address of any person shall be \u2014 (a) if the person to whom the notice is to be given has furnished the person giving the notice with an address for service under this Schedule, that address; (b) in a case not falling within paragraph (a), where the person to whom the notice is to be given is an incorporated company or body, the registered or principal office of the company or body; and (c) in any other case, the last known address of the person to whom the notice is to be given. (5) If it is not practicable, for the purposes of giving any notice under this Schedule, after reasonable inquiries to ascertain the name and address \u2014 (a) of the person who is for the purposes of any provision of this Schedule the occupier of any land; or (b) of the owner of any interest in any land, a notice may be given under this Schedule by addressing it to a person by the description of \u201coccupier\u201d of the land (describing it) or, as the case may be, \u201cowner\u201d of the interest (describing both the interest and the land) and by delivering it to some person on the land or, if there is no person on the land to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous object on the land. Information and CommunicationsTechnology Act (2026 Revision) SCHEDULE 2 20, Application to the Crown 22. (1) This Schedule shall apply in relation to land in which there subsists, or at any material time subsisted, a Crown interest as it applies in relation to land in which no such interest subsists. (2) In this paragraph \u2014 \u201cCrown interest\u201d means an interest which is held in accordance with section 2 or 3 of the Governor (Vesting of Lands) Act (2005 Revision). (3) An agreement required by this Schedule to be given in respect of any Crown interest subsisting in any land shall be given by the Cabinet. 21. Savings for and exclusion of certain remedies etc. 23. (1) This Schedule shall not authorise the contravention of any provision made by or under any enactment passed before this Act. (2) The provisions of this Schedule, except paragraphs 8(5) and 18 and subparagraph (1), shall be without prejudice to any rights or liabilities arising under any agreement to which the licensee is a party. (3) Except as provided under the preceding provisions of this Schedule, a licensee shall not be liable to compensate any person for, or be subject to any other liability in respect of, any loss or damage caused by the lawful exercise of any right conferred by or in accordance with this Schedule. (4) The ownership of any property shall not be affected by the fact that it is installed on or under, or affixed to, any land by any person in exercise of a right conferred by or in accordance with this Schedule. 22. Application of schedule to existing systems 24. (1) Subject to the following provisions of this paragraph, reference in this schedule to ICT apparatus installed on, under or over any land include references to ICT apparatus so installed before the 17th May, 2002. (2) Without prejudice to subparagraph (1), any line or other ICT apparatus lawfully installed before the 17th May, 2002 which if this Schedule had been in force could have been installed under paragraph 12 shall (subject to subparagraph (6)) be treated for the purposes of this Schedule as if it had been so installed. (3) Any consent given (or deemed to have been given) for the purposes of any provision of the repealed Telephone Law (1997 Revision) before the 17th May, 2002 shall \u2014 (a) have effect after the 17th May, 2002 as an agreement given for the purposes of this Schedule; and SCHEDULE 2 Information and CommunicationsTechnology Act (2026 Revision) (b) so have effect, to any extent that is necessary for ensuring that the same persons are bound under this Schedule as were bound by the consent, as if it were an agreement to confer a right or, as the case may require, to bind any interest in land of the person who gave (or is deemed to have given) the consent. (4) Where, under subparagraph (3), any person is bound by any right, that right shall not be exercisable except on the same terms and subject to the same conditions as the right which, by virtue of the giving of the consent, was exercisable before the 17th May, 2002; and where, under the repealed Broadcasting Law (1997 Revision), the repealed Radio Law (1996 Revision) or the repealed Telephone Law (1997 Revision), those terms or conditions included a requirement for the payment of compensation or required the determination of any matter by any Court or person, the amount of the compensation or, as the case may be, that matter shall be determined after the 17th May, 2002 in like manner as if this Act had not been passed. (5) A person shall not be entitled to compensation under any provision of this Schedule if that person is entitled to compensation in respect of the same matter by virtue of subparagraph (4). (6) Neither this Schedule nor the repeal of the Telephone Law (1997 Revision) shall prejudice any rights or liabilities which arise at any time under any agreement which was entered into before the 17th May, 2002 and relates to the installation, maintenance, adjustment, repair, alteration or inspection of any ICT apparatus or to keeping any such ICT apparatus installed on, under or over any land. Publication in consolidated and revised form authorised by the Cabinet this 28th day of January, 2026. Kim Bullings Clerk of Cabinet Information and CommunicationsTechnology Act (2026 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Act\/Law # Legislation Commencement Gazette 15\/2025 Information and Communications Technology (Amendment and Validation) Act, 2025 13-Dec-2025 LG51\/2025\/s1 23\/2024 Information and Communications Technology (Validation) Act, 2024 19-Dec-2024 LG47\/2024\/s14 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 Information and Communications Technology Authority Law (2019 Revision) 19-Feb-2019 LG2\/2019\/s1 6\/2018 Information and Communications Technology (Amendment) Law, 2018 13-Aug-18 G17\/2018\/s5 Information and Communications Technology Authority Law (2017 Revision) 31-May-17 GE45\/2017\/s17 50\/2016 Information and Communication Technology Authority (Amendment) (No. 2) Law, 2016 19-Dec-16 G26\/2016\/s4 Information and Communications Technology Authority Law (2016 Revision) 2-Sep-16 GE69\/2016\/s12 Information and Communications Technology Authority Law (2011 Revision) (Commencement of sections 59 to 64), Order, 8-Jul-16 GE52\/2016\/s2 15\/2016 Information and Communication Technology Authority (Amendment) Law, 2016 20-Jun-16 G13\/2016\/s5 Information and Communications Technology Authority Law (2011 Revision) 7-Nov-11 G23\/2011\/s4 13\/2011 Information and Communications Technology Authority (Amendment)  Law, 2011 9-May-11 G10\/2011\/s1 Information and Communications Technology Authority Law (2010 Revision) 8-Nov-10 G23\/2010\/s6 16\/2006 Information and Communications Technology Authority (Amendment) Law, 2009 12-Aug-09 GE55\/2009\/s2 Information and Communications Technology Authority Law (2006 Revision) 24-Jul-06 G15\/2006\/s1 22\/2005 Information and Communications Technology Authority (Amendment) Law, 2005 15-Nov-05 G23\/2005\/s7 Information and Communications Technology Authority Law (2004 Revision) 26-Jul-04 G15\/2004\/s9 19\/2003 Information and Communications Technology Authority (Amendment) Law, 2003 1-Apr-04 GE15\/2004\/s2 Information and Communications Technology Authority Law, 2002, (Commencement) Order, 2002 16-May-02 GE17\/2002\/s1 4\/2002 Information and Communications Technology Authority Law, 17-May-02 (Part) G9\/2002\/s3 ENDNOTES Information and CommunicationsTechnology Act (2026 Revision) (Price: $15.20)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2026_02_05\", \"date\": \"2026-02-05\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], 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\"\/akn\/ky\/act\/2002\/4\/eng@2026-02-05\", \"FRBRdate\": [{\"date\": \"2026-02-05\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2002\/4\/eng@2026-02-05\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2002\/4\/eng@2026-02-05.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2002\/4\/eng@2026-02-05.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations\", \"actNumber\": \"4 of 2002\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nINFORMATION AND COMMUNICATIONS\nTECHNOLOGY ACT\n(2026 Revision)\n\nSupplement No. 6 published with Legislation Gazette No. 7 dated 5th February, 2026.\n\nPage 2\nRevised as at 31st December, 2025\nc\n\nPUBLISHING DETAILS\nLaw 4 of 2002 consolidated with Laws 19 of 2003, 22 of 2005, 16 of 2009, 13 of 2011,\n15 of 2016, 50 of 2016, 6 of 2018 and Acts 56 of 2020, 23 of 2024 and 15 of 2025.\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 4 of 2002-18th March, 2002\nLaw 19 of 2003-3rd October, 2003\nLaw 22 of 2005-14th October, 2005\nLaw 16 of 2009-12th August, 2009\nLaw 13 of 2011-8th April, 2011\nLaw 15 of 2016-6th May, 2016\nLaw 50 of 2016-24th October, 2016\nLaw 6 of 2018-29th June, 2018\nAct 56 of 2020-7th December, 2020\nAct 23 of 2024-11th December, 2024\nAct 15 of 2025-12th December, 2025.\n\nConsolidated and revised this 31st day of December, 2025.\n\nNote (not forming part of this Act): This revision replaces the 2019 Revision which\nshould now be discarded.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2025\nPage 3\n\nCAYMAN ISLANDS\n\nINFORMATION AND COMMUNICATIONS\nTECHNOLOGY ACT\n(2026 Revision)\nArrangement of Sections\nSection\nPage\nPART 1 - Preliminary\n1.\nShort title ...................................................................................................................................7\n2.\nInterpretation .............................................................................................................................7\nPART 2 - Powers and Functions of Office\n3.\nRepealed ................................................................................................................................. 11\n4.\nRepealed ................................................................................................................................. 11\n5.\nRepealed ................................................................................................................................. 11\n6.\nRepealed ................................................................................................................................. 11\n7.\nRepealed ................................................................................................................................. 11\n8.\nRepealed ................................................................................................................................. 11\n9.\nPowers and functions of Office ................................................................................................ 12\n10.\nRepealed ................................................................................................................................. 13\n11.\nRepealed ................................................................................................................................. 13\nAccounts and statements\n14\n12.\nRepealed ................................................................................................................................. 14\n13.\nRepealed ................................................................................................................................. 14\n14.\nRepealed ................................................................................................................................. 14\n15.\nRepealed ................................................................................................................................. 14\n16.\nRepealed ................................................................................................................................. 14\n17.\nRepealed ................................................................................................................................. 14\n\nArrangement of Sections\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 4\nRevised as at 31st December, 2025\nc\n\n18.\nRepealed ................................................................................................................................. 14\n19.\nRepealed ................................................................................................................................. 14\n20.\nRepealed ................................................................................................................................. 14\n21.\nRepealed ................................................................................................................................. 14\n22.\nRepealed ................................................................................................................................. 15\nPART 3 - Licensing\n23.\nLicences .................................................................................................................................. 15\n24.\nRegulations relating to classes of ICT service .......................................................................... 15\n25.\nShares of licensee not to be issued or transferred without approval of the Office ..................... 16\n25A. Media enterprises .................................................................................................................... 17\n26.\nProcedure for the grant of a licence ......................................................................................... 18\n27.\nAssignment or transfer of licence ............................................................................................. 19\n28.\nDuration of licence ................................................................................................................... 19\n29.\nRenewal of licence .................................................................................................................. 19\n30.\nLicence fees ............................................................................................................................ 20\n30A. Administrative fee .................................................................................................................... 20\n31.\nModification of licence ............................................................................................................. 20\n32.\nSuspension of licence .............................................................................................................. 21\n33.\nRevocation of licence ............................................................................................................... 21\n34.\nRegister of applications and licences ....................................................................................... 22\n34A. Definitions for this Part ............................................................................................................. 22\n34B. Validation of charge, payment and collection of licence fees .................................................... 24\n34C. Validation of charge, payment and collection of fees ................................................................ 24\n34D. Immunity .................................................................................................................................. 25\nPart 4- Repealed\n35-54.\nRepealed ........................................................................................................................... 26\nPART 5 \u2013 Local programming\n55.\nLicensee\u2019s duties in respect of local broadcasts ....................................................................... 26\n56.\nStandards for local broadcasts................................................................................................. 26\n57.\nSupervision of local broadcasting ............................................................................................ 27\nPart 6 \u2013 Repealed\n58.\nRepealed ................................................................................................................................. 27\nPART 7 - Universal Service, Interconnection, Infrastructure\nSharing, Numbering, Etc\nUniversal Service\n28\n59.\nUniversal Service Fund ............................................................................................................ 28\n60.\nPurpose of Fund ...................................................................................................................... 28\n61.\nUniversal Service regulations................................................................................................... 28\n62.\nProvision of Universal Service by specified categories of licensees ......................................... 28\n63.\nProvision of Universal Service by particular licensee ............................................................... 29\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2025\nPage 5\n\n64.\nContributions to Fund .............................................................................................................. 29\nInterconnection and Infrastructure Sharing\n30\n65.\nInterconnection and infrastructure sharing ............................................................................... 30\n66.\nInterconnection and infrastructure sharing ............................................................................... 30\n67.\nPre-contract disputes ............................................................................................................... 31\n67A. Power of the Office to consider disputes on its own initiative .................................................... 31\n68.\nCost of interconnection and infrastructure sharing ................................................................... 32\n69.\nInfrastructure sharing ............................................................................................................... 32\n70.\nLicensee confidential information ............................................................................................. 33\nNumbering\n34\n71.\nNumbering ............................................................................................................................... 34\nPART 8 - Service Standards and Data Protection\n72.\nQuality of service ..................................................................................................................... 34\n73.\nNon-discrimination and continuity of supply ............................................................................. 35\n74.\nEquipment standards and technician certification..................................................................... 35\n75.\nInterception of messages prohibited ........................................................................................ 36\n76.\nPrivacy of subscriber information ............................................................................................. 36\n77.\nRefusal to produce records to police officer ............................................................................. 37\nPART 9- Repealed\n78-80.\nRepealed ........................................................................................................................... 38\nPART 10 - Offences\n81.\nInspections .............................................................................................................................. 38\n82.\nEngaging in ICT activities without a licence ............................................................................. 38\n83.\nMalicious damage to apparatus ............................................................................................... 39\n84.\nObstruction of investigation ...................................................................................................... 39\n85.\nRepealed ................................................................................................................................. 39\n86.\nRepealed ................................................................................................................................. 39\n87.\nRepealed ................................................................................................................................. 39\n88.\nDangerous transmissions, etc. ................................................................................................. 39\n89.\nTerritorial scope of inchoate offences ...................................................................................... 40\n90.\nUse of an ICT service to defraud, abuse, annoy, threaten or harass ........................................ 40\n91.\nRepealed ................................................................................................................................. 40\n92.\nUnlawfully acting as Administrative Point of Contact or Technical Point of Contact .................. 40\n93.\nOffences under Part 4 .............................................................................................................. 41\n94.\nDestroying or falsifying documents .......................................................................................... 42\n95.\nFalse or misleading information ............................................................................................... 42\n96.\nOrder for payment of compensation ......................................................................................... 43\nPART 11 - General\n97.\nPower to make regulations ...................................................................................................... 43\n98.\nRepealed ................................................................................................................................. 44\n99.\nEstablishment of ICT installations on land ................................................................................ 44\n100. Conflict of laws ........................................................................................................................ 44\n\nArrangement of Sections\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 6\nRevised as at 31st December, 2025\nc\n\nPart 12 \u2013 Dissolution of Authority\n100A. Dissolution of Authority ............................................................................................................ 44\n100B. Transfer of employees to the Authority .................................................................................... 45\n100C. Pensions transferred employees .............................................................................................. 45\n100D. Medical care for employees of the Office and applicability of Health Insurance Act .................. 45\n101. Transitional arrangements ....................................................................................................... 46\n102. Interpretation for the purposes of Part 12 ................................................................................. 46\n103. Validation of licence fees ......................................................................................................... 47\n104. Immunity .................................................................................................................................. 47\n105. Orders or determinations by a court ......................................................................................... 48\n106. Transitional provisions - pending and ongoing proceedings ..................................................... 48\nSCHEDULE 1\n49\nPROCEDURE OF THE BOARD\n49\nSCHEDULE 2\n50\nA CODE TO GOVERN THE ACQUISITION BY LICENSEES OF RIGHTS OVER LAND AND\nANCILLARY RIGHTS\n50\n1. Definitions ..................................................................................................................................... 50\n2. Agreement required to confer right to execute works etc. .............................................................. 51\n3. Agreement required for obstructing access etc. ............................................................................. 53\n4. Effect of rights and compensation ................................................................................................. 53\n5. Power to dispense with the need for required agreement .............................................................. 55\n6. Acquisition of rights in respect of ICT apparatus already installed ................................................. 56\n7. Court to fix financial terms where agreement dispensed with ........................................................ 57\n8. Notices and applications by potential subscribers .......................................................................... 58\n9. Road works ................................................................................................................................... 59\nPower to install fly lines ..................................................................................................................... 59\n10. Tidal waters, etc. ......................................................................................................................... 60\n11. Use of certain conduits ................................................................................................................ 62\n12. Compensation for injurious affection to neighbouring land, etc. ................................................... 62\n13. Objections to overhead ICT apparatus ........................................................................................ 63\n14. Obligation to affix notices to overhead ICT apparatus .................................................................. 65\n15. Tree lopping ................................................................................................................................ 65\n16. Power to require alteration of ICT apparatus ............................................................................... 66\n17. Restriction on right to require the removal of ICT apparatus ........................................................ 68\n18. Abandonment of ICT apparatus ................................................................................................... 70\n19. Undertaker\u2019s works. ..................................................................................................................... 70\n20, Application to the Crown.............................................................................................................. 73\n21. Savings for and exclusion of certain remedies etc. ...................................................................... 73\n22. Application of schedule to existing systems ................................................................................. 73\nENDNOTES\n75\nTable of Legislation history: ............................................................................................................... 75\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2025\nPage 7\n\nCAYMAN ISLANDS\n\nINFORMATION AND COMMUNICATIONS\nTECHNOLOGY ACT\n(2026 Revision)\n\nPART 1 - Preliminary\n1.\nShort title\n1.\nThis Act may be cited as the Information and Communications Technology Act (2026\nRevision).\n2.\nInterpretation\n2.    (1)  In this Act \u2014\n\u201cadministrative determinations\u201d includes any orders, regulations, directions,\ndecisions, or other written determinations by which the Office establishes the\nlegal rights and obligations of one or more licensees, but does not include any\nadvisory guidelines;\n\u201cadministrative fee\u201d means a fee under section 30A;\n\u201cAdministrative Point of Contact\u201d means the person fulfilling the duties of\nmanager of a specified Internet domain in accordance with rules and procedures\npublished by the Internet Assigned Numbers Authority and the Internet\nCorporation for Assigned Names and Numbers or any other such entity being\nentities as are prescribed in regulations made under this Act;\n\u201cauthorised officer\u201d means a person authorised by the Office;\n\u201cCourt\u201d, other than in Schedule 2, means the Grand Court;\n\nSection 2\nInformation and Communications Technology Act (2026 Revision)\n\nPage 8\nRevised as at 31st December, 2025\nc\n\n\u201ccritical ICT infrastructure\u201d means ICT systems and assets, whether physical\nor virtual, that are so vital to the Islands that the incapacity or destruction of the\nsystems and assets would have a debilitating impact on security, national\neconomic security, national public health or safety, or any combination of those\nmatters;\n\u201cdocument\u201d includes an electronic document;\n\u201celectronic\u201d means relating to technology having electrical, magnetic, optical,\nelectromagnetic or similar capabilities, whether digital, analogue or otherwise;\n\u201celectronic agent\u201d means a programme, or other electronic or automated\nmeans, configured and enabled by a person, that is used to initiate or respond to\nan electronic message, record or event in whole or in part, without review by an\nindividual;\n\u201cemergency services\u201d means the police, fire, ambulance and such other\nemergency services as may be prescribed in regulations;\n\u201cGovernor\u201d means the person for the time being holding the office of Governor\nof the Islands, and includes any person for the time being lawfully performing\nthe functions of that office under section 31 of Schedule 2 to the Cayman Islands\nConstitution Order 2009 [UK.S.I. 2009 No. 1379], and to the extent to which a\nDeputy appointed under section 34 of Schedule 2 to the Cayman Islands\nConstitution Order 2009 [UK.S.I. 2009 No. 1379] is authorised to act, that\nDeputy;\n\u201cICT\u201d means information and communications technology;\n\u201cICT infrastructure\u201d includes dark fibre;\n\u201cICT service\u201d means any information technology service, telecommunications\nservice, electronic media and broadcast service, Internet service, digital library\nand commercial information service, network-based information service and\nrelated specialised professional service provided by electronic means and any\nother similar service and includes a service that consists of or includes the\nprovision of ICT infrastructure;\n\u201cICT network\u201d means any network used in connection with the provision of an\nICT service;\n\u201cinfrastructure sharing\u201d means the provision to licensees of access to\ntangibles used in connection with a public ICT network or intangibles\nfacilitating the utilisation of a public ICT network; and, for the purposes of this\ndefinition \u2014\n(a)\n\u201ctangibles\u201d includes lines, cables or wires (whether fibre optic or other),\nequipment, apparatus, towers, masts, tunnels, ducts, risers, holes, pits,\npoles, landing stations, huts, lands, buildings or facilities; and\n(b) \u201cintangibles\u201d includes agreements, arrangements, licences, franchises,\nrights of way, easements and other such interests;\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 2\n\nc\nRevised as at 31st December, 2025\nPage 9\n\n\u201cinterconnection\u201d means the physical or logical connection of public ICT\nnetworks of different ICT network providers;\n\u201cinternet access\u201d means access to the Internet or to any similar global system\nfor linking networks together using, as the basis for the communications,\ntransmission protocols or internet protocols or any protocols amending or\nreplacing them;\n\u201cjudge\u201d means a judge of the Grand Court;\n\u201cintermediary\u201d, with respect to a message, means a person or electronic agent\nwho in any way processes that message for another person;\n\u201clicence\u201d means a licence granted under this Act;\n\u201clicensee\u201d means a person to whom a licence is granted by the Authority under\nthis Act;\n\u201clicence fee\u201d means any of the following fees payable to the Office by an\napplicant or a licensee for a licence \u2014\n(a)  an application fee;\n(b)  an annual fee:\n(c)  a renewal fee; or\n(d)  a one-time fee for each experimental licence or temporary licence;\n\u201clocal programming\u201d means sound or television broadcasting content made\navailable in the Islands, by a licensee, without subscription, and includes things\nsuch as advertisements and announcements;\n\u201cmessage\u201d means a communication sent, delivered to, received or transmitted,\nor intended to be sent, delivered, received or transmitted by telecommunication\nand includes any information that enables the identification of the origin and\ndestination of the communication and the date and time it was transmitted or\nreceived;\n\u201cMinister\u201d\nmeans\nthe\nMinister\nresponsible\nfor\ninformation\nand\ncommunications technology (ICT);\n\u201cOffice\u201d means the Utility Regulation and Competition Office established under\nsection 4 of the Utility Regulation and Competition Act (2024 Revision);\n\u201coriginator\u201d, in relation to a message, means a person who \u2014\n(a)\noriginally sends a message;\n(b) instructs another to send a message that has originated from that person on\nthat person\u2019s behalf; or\n(c)\nconfigures and enables that person\u2019s electronic agent to initiate a message\non that person\u2019s behalf,\nbut does not include \u2014\n(i)\na person who sends a message on the instructions of another; or\n\nSection 2\nInformation and Communications Technology Act (2026 Revision)\n\nPage 10\nRevised as at 31st December, 2025\nc\n\n(ii) a person acting as an intermediary with respect to that message;\n\u201cperson\u201d includes any corporation either aggregate or sole, any partnership or\nassociation, any undertaking, club, society or other body of one or more persons;\n\u201cpersonal data\u201d means data which relate to a person who can be identified \u2014\n(a)\nfrom that data; or\n(b) from that data or other information which is in the possession of, or is\nlikely to come into the possession of, the ICT service provider or ICT\nnetwork provider,\nand includes any expression of opinion about that person and any indication of\nthe intentions of the ICT service provider or ICT network provider or any other\nperson in respect of that person;\n\u201cpublic officer\u201d has the meaning assigned to it by section 124(1) of the\nConstitution;\n\u201cregulations\u201d mean regulations made under this Act;\n\u201csubscriber\u201d, unless otherwise specified in this Act, means a person who is\nprovided with an ICT service by an ICT service provider and includes the end\nuser of that ICT service;\n\u201cTechnical Point of Contact\u201d means the person fulfilling the duties of the\ntechnical manager of a specified Internet Domain in accordance with rules and\nprocedures published by the Internet Assigned Numbers Authority, the Internet\nCorporation for Assigned Names and Numbers or any other such entity being\nentities as are prescribed in regulations;\n\u201ctelecommunications\u201d means any form of transmission, emission or reception\nof signs, text, images and sounds or other intelligence of any nature by wire,\nradio, optical or other electromagnetic means;\n\u201ctype approval\u201d means the process by which the Office authorises the\nimportation, sale or use of relevant telecommunications equipment in the\nIslands; and\n\u201cuniversal service\u201d means any of the categories of service specified by\nregulations made under section 61.\n(2)  For the purposes of the definition of the words \u201clicence fee\u201d under subsection\n(1), the annual fees, where applicable, payable to the Office by a licensee are \u2014\n(a)  a radio licence fee that is payable to the Office for the authorisation \u2014\n(i)  to operate, supply, import or deal in radio communications\nequipment; or\n(ii)  to establish or operate radio stations in the Islands on Cayman\nIslands\u2019 registered vessels or aircraft;\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 3\n\nc\nRevised as at 31st December, 2025\nPage 11\n\n(b)  a regulatory fee that is payable to the Office on a quarterly basis by a\nlicensee for the general regulatory services of the Office in respect of a\nlicence;\n(c)  a royalty fee that is payable to the Office by a licensee in respect of a\nlicence which equates to six per cent of the licensee\u2019s gross revenue as\ndefined in the licence and which is charged and collected by the Office on\na quarterly basis and subsequently paid to the Government; and\n(d)  a spectrum fee that is payable to the Office for the assignment or allocation\nof rights to use specified portions of the electromagnetic spectrum,\nwhether on an exclusive or shared basis and includes any associated fee\npayable for the management, regulation or administration of spectrum\nresources relating to the functions of the Office.\nPART 2 - Powers and Functions of Office\n3.\nRepealed\n3.\nRepealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n4.\nRepealed\n4.\nRepealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n5.\nRepealed\n5.\nRepealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n6.\nRepealed\n6.\nRepealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n7.\nRepealed\n7.\nRepealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n8.\nRepealed\n8.\nRepealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n\nSection 9\nInformation and Communications Technology Act (2026 Revision)\n\nPage 12\nRevised as at 31st December, 2025\nc\n\n9.\nPowers and functions of Office\n9.\n(1) Subject to this Act, the Office has power to do all things necessary or convenient\nto be done for or in connection with the performance of its functions under this\nAct.\n(2) For the purposes of this section, the Office shall \u2014\n(a)\nallocate the electromagnetic spectrum for facilities and specified services\nwithin the Islands, or between the Islands and elsewhere;\n(b) determine methods for assigning the electromagnetic spectrum;\n(c)\nissue licences authorising the use of specified portions of the\nelectromagnetic spectrum, including those used on any ship, aircraft,\nvessel or other floating or airborne contrivance or spacecraft registered in\nthe Islands; and\n(d) institute procedures for ensuring the compliance by licensees with any\nobligations regarding the use of the electromagnetic spectrum, imposed by\nor under the licence, this Act or any regulations made hereunder.\n(3) Without prejudice to subsections (1) and (2), the principal functions of the\nOffice are \u2014\n(a)\nto promote competition in the provision of ICT services and ICT networks\nwhere it is reasonable or necessary to do so;\n(b) to advise the Minister on ICT matters, including compliance with\nGovernment\u2019s international obligations, market liberalisation and\ncompetitive pricing;\n(ba) to encourage the maintenance of a sufficient plurality of providers of\ndifferent television and radio services;\n(bb) to promote the application, in case of all television and radio services, of\nstandards that provide adequate protection to members of the public from\nthe inclusion of offensive or harmful material in such services;\n(bc) to promote, through public education, research and development\ninitiatives, ICT in the Islands;\n(c)\nto investigate and resolve complaints from consumers and service\nproviders concerning the provision of ICT services and ICT networks;\n(d) to determine the categories of licences to be issued under this Act and the\nElectronic Transactions Act (2003 Revision);\n(e)\nto license and regulate ICT services and ICT networks as specified in this\nAct and the Electronic Transactions Act (2003 Revision);\n(f)\nto collect all fees, including licence fees, and any other charges levied\nunder this Act or the Electronic Transactions Act (2003 Revision) or\nregulations made thereunder;\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 10\n\nc\nRevised as at 31st December, 2025\nPage 13\n\n(g) to resolve disputes concerning the interconnection or sharing of\ninfrastructure between or among ICT service providers or ICT network\nproviders;\n(h) to promote and maintain an efficient, economic and harmonised utilisation\nof ICT infrastructure;\n(ha) to promote the proper functioning of the critical ICT infrastructure;\n(hb) to set up, manage and control the Cayman Islands cyber incident response\nteam whose role it is to promote and enhance the security and resilience of\nthe critical ICT infrastructure, and maintain an effective, efficient and\ninnovative Internet environment;\n(hc) to develop and maintain cyber security strategies that enhance and support\nthe security and resilience of national and critical ICT infrastructure\ntowards increased economic prosperity, safe and secure business and\ninnovation;\n(hd) to facilitate collaboration between the Government, other governments and\nagencies in support of cyber security information sharing and cyber\nsecurity strategies towards local and global efforts in combating cyber\nthreats;\n(he) to conduct a non-interference related spectrum analysis if requested by a\nperson interested in capturing certain data for that person\u2019s internal use\nand the Office agrees to the analysis;\n(i)\nto be the sole person appointed under this Act to be the Administrative\nPoint of Contact and the only person responsible for the management and\ncontrol of the top level of the global Internet Domain Name System held\nin trust for the Internet and the Islands;\n(j)\nto act on any matter referred to it by the Minister or the Chief Executive\nOfficer at the Office appointed under the Utility Regulation and\nCompetition Act (2024 Revision); and\n(k) to carry out such other functions as are conferred on the Office by or under\nthis Act or any other law.\n(4) The Office may regulate the rate, prices, terms and conditions of any ICT service\nor ICT network that is required to be licensed where the Office is of the opinion\nthat it is in the interests of the public to do so.\n10.\nRepealed\n10. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n11.\nRepealed\n11. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n\nSection 12\nInformation and Communications Technology Act (2026 Revision)\n\nPage 14\nRevised as at 31st December, 2025\nc\n\nAccounts and statements\n12.\nRepealed\n12. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n13.\nRepealed\n13. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n14.\nRepealed\n14. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n15.\nRepealed\n15. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n16.\nRepealed\n16. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n17.\nRepealed\n17. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n18.\nRepealed\n18. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n19.\nRepealed\n19. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n20.\nRepealed\n20. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n21.\nRepealed\n21. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 22\n\nc\nRevised as at 31st December, 2025\nPage 15\n\n22.\nRepealed\n22. Repealed by section 4 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016].\nPART 3 - Licensing\n23.\nLicences\n23. (1) The Office may grant licences in accordance with this Act.\n(2) Subject to subsections (3) and (3A), the Office, by notice published in the\nGazette, shall specify the ICT services and ICT networks that are required to be\nlicensed.\n(3) In relation to ICT networks or ICT services in either Little Cayman or Cayman\nBrac, the Cabinet may license such ICT networks and ICT services as it sees fit\nand on such terms and conditions as it sees fit.\n(3A) The Cabinet may, after consultation with the Office, by notice published in the\nGazette, exempt a company from the requirement to obtain an ICT licence if the\nsole ICT network or ICT service that the company provides is the provision of\nICT infrastructure to a wholly-owned subsidiary that is subject to this Act, and\nthe exemption shall be subject to such terms and conditions as the Cabinet sees\nfit.\n(4) The Cabinet, upon the recommendation of the Office, may establish a class or\nclasses of licence which are exempt from the Local Companies (Control) Act\n(2025 Revision).\n(5) No ICT network or ICT services licensed under this Act is required to be\nlicensed under the Trade and Business Licensing Law (2026 Revision).\n(6) A licence may specify \u2014\n(a)\nthe operations which the licensee may undertake under that licence; and\n(b) the conditions to which the licensee is subject, including but not limited to\npricing, service standards, Universal Service provision, infrastructure\nsharing, interconnection and spectrum utilisation.\n24.\nRegulations relating to classes of ICT service\n24. The Cabinet may, by regulations, prescribe for any specified class or classes of ICT\nservice as well as for \u2014\n(a)\nthe contents of such ICT service and the times when they can be provided;\n(b) the minimum amount of time on such ICT service a licensee shall devote\nto material containing matter of minority, cultural or educational interest\nand the times during which such matter shall be provided;\n\nSection 25\nInformation and Communications Technology Act (2026 Revision)\n\nPage 16\nRevised as at 31st December, 2025\nc\n\n(c)\nthe times within which advertisements relating to particular goods or\nclasses of goods may be advertised; and\n(d) the maximum amount of time in any hour which may be used for\nadvertisements and the maximum amount of time which can be used for\nthat purpose.\n25.\nShares of licensee not to be issued or transferred without approval of the\nOffice\n25. (1) Where a licensee is a company (other than a company referred to in\nsubsection (5)), the licensee shall not issue shares or a person owning or having\nan interest in shares in the licensee shall not transfer or otherwise dispose of or\ndeal in those shares or that interest without the prior written consent of the Office\nwhose consent shall not be unreasonably withheld; but the Office may refuse to\ngive its consent where, among other things, it considers that the giving of the\nconsent may result in a lessening of \u2014\n(a)\ncompetition in the operation of ICT networks or the provision of ICT\nservices; or\n(b) plurality of views in the print, radio or television media.\n(2) In subsection (1), the reference to shares being issued, transferred, disposed of,\nor dealt with includes the issue, transfer or disposal of, or dealing with either the\nlegal or a beneficial interest in the shares.\n(3) A licensee or person who wishes to deal with shares as indicated in\nsubsection (1) shall request the approval of the Office in writing, and the Office\nshall reply in writing to such request within thirty days of the receipt of such\nrequest.\n(4) Where the Office refuses to give its consent it shall give reasons in writing for\nsuch refusal.\n(5) The Office may, in respect of a licensee whose shares are publicly traded on a\nstock exchange recognised by the Cayman Islands Monetary Authority, waive\nthe obligation to obtain consent under subsection (1), and any such waiver \u2014\n(a)\nshall be subject to a condition that the licensee shall, as soon as reasonably\npracticable, notify the Office of \u2014\n(i)\nany change in control of the licensee;\n(ii) the acquisition by any person or group of persons of shares\nrepresenting more than ten per cent of the issued share capital or total\nvoting rights of the licensee\u2019s issued share capital or total voting\nrights; or\n(iii) the acquisition by any person or group of persons of shares\nrepresenting more than ten per cent of the issued share capital or total\nvoting rights of the parent company of the licensee;\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 25A\n\nc\nRevised as at 31st December, 2025\nPage 17\n\n(b) shall be subject to a condition that the licensee shall, as soon as reasonably\npracticable, provide such information to the Office, and within such period\nof time as the Office may require, for the purpose of enabling an\nassessment as to whether persons acquiring control or ownership of the\nlicensee in the circumstances set out in paragraph (a) are fit and proper\npersons to have such control or ownership; and\n(c)\nshall be subject to such terms and other conditions as the Office may deem\nnecessary.\n(6) In the event of shares in a company which has not been granted a waiver under\nsubsection (5) and which is a licensee under this Act vesting automatically\nthrough process of law in a person, the secretary or registrar of the company, as\nsoon as that person becomes aware of such vesting, shall inform the Office of\nthe number of shares and the identity of the person in whom they have vested,\nand the Office shall have power to impose conditions on the licence and to issue\ninstructions as to the management and operations of the licensee.\n(7) Where \u2014\n(a)\na licensee or a person referred to in subsection (1) fails or refuses to obtain\nthe consent of the Office in accordance with this section or proceeds to\ndeal with shares where the Office has refused to consent to such dealing;\nor\n(b) a licensee fails to comply with subsection (5),\nthe Office may, in accordance with this Act, suspend or revoke the licence.\n25A. Media enterprises\n25A. (1) For the purposes of this Part, a change of control shall be deemed to involve a\nmedia public interest if at least one of the persons involved in the transaction is\na media enterprise.\n(2) A media enterprise is an enterprise involving either or both of \u2014\n(a)\nbroadcasting; and\n(b) publishing newspapers.\n(3) In determining whether a proposed change of control would be contrary to the\npublic interest, the Office shall consider \u2014\n(a)\nthe need for the accurate presentation of news and the free expression of\nopinion in media;\n(b) the need, in relation to every different audience in the Islands, for there to\nbe a sufficient plurality of persons with control of the media enterprises\nserving that audience;\n\nSection 26\nInformation and Communications Technology Act (2026 Revision)\n\nPage 18\nRevised as at 31st December, 2025\nc\n\n(c)\nthe need for the availability throughout the Islands of a wide range of\ncontent services, which (taken as a whole) are both of high quality and\ncalculated to appeal to a wide variety of tastes and interests; and\n(d) the need for persons carrying on media enterprises, and for those with\ncontrol of such enterprises to have a genuine commitment to the attainment\nof the information and communications technologies policy objectives.\n26.\nProcedure for the grant of a licence\n26. (1) A person who wishes to apply for a licence or the renewal of a licence shall, in\naccordance with a procedure determined by the Office submit an application for\nconsideration by the Office, and the application shall be in the form approved\nby the Office and accompanied by the applicable licence fees.\n(2) The Office may where necessary, before granting or renewing a licence under\nthis section, take into account the following matters \u2014\n(a)\nwhether the applicant possesses the technical qualification necessary to\nperform fully the obligations attached to the licence for which the applicant\nis applying;\n(b) whether, during the term of any current or prior licence, if any, the\napplicant has complied with all terms, conditions, specifications and\nrequirements of any licence, order, directive, rule or regulation pertaining\nto such licence;\n(c)\nwhether the applicant intends to perform the obligations attached to the\nlicence for which the applicant is applying in a period of time which, in\nthe opinion of the Office, is reasonable;\n(d) whether the applicant is a fit and proper person to be granted a licence;\n(e)\nwhether the interests of subscribers, purchasers and other users of ICT\nservices or ICT networks will be protected\n(f)\nwhether competition among providers of ICT services and ICT networks\nwill be promoted;\n(g) whether the applicant has, at the date of application for a licence or\nproposes to have within a specified time after a licence has been issued,\nparticipation by Caymanians and, if so, the nature and extent of any such\nparticipation, including without limitation, the level of beneficial\nownership by Caymanians, if any, and any participation by Caymanians as\ndirectors, management or otherwise;\n(h) whether research, development and introduction of new ICT services and\nICT networks will be promoted;\n(i)\nwhether foreign and domestic investors will be encouraged to invest in the\nICT sector; and\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 27\n\nc\nRevised as at 31st December, 2025\nPage 19\n\n(j)\nwhether the public interests of and the security interests of the Islands will\nbe safeguarded.\n(3) In determining, for the purposes of this Act, whether a person is a fit and proper\nperson, regard shall be had to all circumstances, including evidence of that\nperson\u2019s \u2014\n(a)\nhonesty, integrity and reputation;\n(b) competence and capability; and\n(c)\nfinancial soundness.\n27.\nAssignment or transfer of licence\n27. (1) A person shall not assign a licence, or any rights thereunder, without the prior\n\nwritten approval of the Office.\n(2) The Office may approve an application for the assignment of a licence under\nsubsection (1) where the Office is satisfied that the proposed assignee satisfies\nthe criteria set out in section 26 (2) and (3).\n(3) The Office shall, before approving the assignment of a licence, publish the\nparticulars of the proposed assignment in the Gazette.\n28.\nDuration of licence\n28. A licence \u2014\n(a)\nshall be for the period specified in the licence and shall not be granted for\na period longer than twenty years; and\n(b) may be revoked or suspended in accordance with this Act.\n29.\nRenewal of licence\n29. (1) Where an application for renewal of a licence under section 26 is made, the\nOffice may refuse to renew that licence if the licensee is or has engaged in\nconduct that materially contravenes this Act or any regulations.\n(2) Where the Office has reasonable grounds for not renewing a licence under\nsubsection (1), it shall inform the licensee by written notice as soon as\npracticable of its intention not to renew the licence.\n(3) A licensee referred to under subsection (2) shall have thirty days from the date\nof service of the said notice to make written submissions to the Office in respect\nof the refusal.\n(4) The Office shall consider any written submissions made under subsection (3),\nand shall inform the licensee within seven days of the receipt of the submission\nof its decision on the matter.\n\nSection 30\nInformation and Communications Technology Act (2026 Revision)\n\nPage 20\nRevised as at 31st December, 2025\nc\n\n30.\nLicence fees\n30. (1) An applicant for a licence or a licensee under this Act shall pay the licence fee\nfor the licence as is prescribed.\n(2) The licence fee referred to in subsection (1) shall be payable directly by an\napplicant or a licensee, as applicable, to the Office at such time or times as\nprescribed by regulations.\n30A. Administrative fee\n30A. The Office may charge, as it determines, the following fees for administrative\nservices relating to a request for a regulatory service or relating to a licence \u2014\n(a)  a fee for a type approval;\n(b)  a fee for amending a licence;\n(c)  a fee for assigning or transferring a licence from a licensee to a third party;\n(d)  a fee for dealing in shares under section 25;\n(e)  a fee for conducting a non-interference related spectrum analysis under\nsection 9(3); and\n(f)  a fee for copying an entry in the register under section 34\n31.\nModification of licence\n31. (1) A licence may be modified where the Office and the licensee, by agreement in\nwriting, agree to modify the licence.\n(2) Notwithstanding subsection (1) and subject to any special conditions\nconcerning modification in the relevant licence, the Office shall, on the direction\nof the Governor and without the agreement of the licensee, modify a licence for\nreasons of security of the Islands.\n(3) Where the Office considers that a licence should be modified the Office shall\ngive to the licensee a written notice that \u2014\n(a)\nsets out the proposed modification;\n(b) states the reasons for the proposed amendment; and\n(c)\ninvites the licensee to show, within thirty days, why the licence should not\nbe so modified.\n(4) The Office may modify the licence if, after considering and having regard to all\nrepresentations made within a period of not less than thirty days, the Office\nconsiders the licence should be modified \u2014\n(a)\nin the manner set out in the notice; or\n(b) in some other manner consistent with the representations.\n(5) If the Office decides to modify the licence, the Office shall give to the licensee\na written notice stating how the licence has been modified.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 32\n\nc\nRevised as at 31st December, 2025\nPage 21\n\n32.\nSuspension of licence\n32. (1) Subject to any special conditions concerning suspension in the relevant licence,\nthe Office may suspend any licence for a period not exceeding one year in any\nof the following circumstances \u2014\n(a)\nwhere a licensee breaches any condition attached to that licensee\u2019s licence;\n(b) where a licensee contravenes this Act or the regulations;\n(c)\nwhere a licensee is convicted of an offence under this Act;\n(d) where a licensee fails to discharge that licensee\u2019s financial commitments\nunder this Act;\n(e)\nwhere a licensee is struck from the Register of Companies;\n(f)\nwhere a licensee is subject to an order of the Court in respect of liquidation\nor bankruptcy proceedings; or\n(g) where a licensee compounds with that licensee\u2019s creditors to the detriment\nof the Office.\n(2) Notwithstanding subsection (1), the Office, on the order of the Governor, shall\nwithout notice suspend any licence if the suspension is necessary for reasons of\nsecurity of the Islands.\n(3) The Office shall, before suspending any licence under subsection (1), give\nwritten notice to the licensee, in which notice the Office shall draw to the\nattention of the licensee the grounds on which the Office intends to suspend the\nlicence.\n(4) The Office shall, in case of a breach by a licensee of a condition attached to a\nlicence or regulations, give an opportunity to the licensee to remedy the breach\nwithin a reasonable time.\n33.\nRevocation of licence\n33. (1) Subject to any special conditions in the relevant licence concerning revocation,\nthe Office may revoke any licence on any of the following grounds \u2014\n(a)\nwhere the licensee is in fundamental breach of any condition attached to\nthe licence;\n(b) where the licensee persistently breaches any condition attached to the\nlicence or repeatedly contravenes this Act or the regulations;\n(c)\nwhere the licensee is dissolved;\n(d) where the licensee is wound up or declared bankrupt;\n(e)\nwhere a licensee obtained the licence by a fraudulent, false or misleading\nrepresentation or in some other illegal manner; or\n\nSection 34\nInformation and Communications Technology Act (2026 Revision)\n\nPage 22\nRevised as at 31st December, 2025\nc\n\n(f)\nwhere a licence has been suspended and a licensee has failed to rectify any\nground for suspension under section 32 within a period of three hundred\nand sixty-four days following upon the date of any such suspension.\n(2) Notwithstanding subsection (1), the Office, on the order of the Governor, shall,\nwithout notice, revoke any licence if the revocation is necessary for reasons of\nsecurity of the Islands.\n(3) The Office shall, before revoking any licence under subsection (1), give written\nnotice to the licensee, in which notice the Office shall draw to the attention of\nthe licensee the grounds on which the Office intends to revoke the licence.\n(4) The Office shall, in the case of a fundamental breach by a licensee of a condition\nattached to a licence or the regulations, give an opportunity to the licensee to\nremedy the breach, if capable of remedy, within a reasonable time.\n34.\nRegister of applications and licences\n34. (1) The Office shall cause to be kept a register of all applications for licences\nreceived by it and all such licences and such register may be kept in\nelectronic form.\n(2) The Office \u2014\n(a)\nshall make available for public inspection during its business hours,\napplications and licences; and\n(b) may permit any person to make copies of any entry in the register and may\ncharge such administrative fees as it considers reasonable for such copies.\n34A. Definitions for this Part\n34A. In this Part \u2014\n\u201cadministrative fee\u201d means a fee charged by, paid to, or collected by, the Office\nor the Authority, as applicable, for services relating to a request for a regulatory\nservice or relating to a licence and includes \u2014\n(a)  a fee for type approval;\n(b)  a fee for amending a licence;\n(c)  a fee for assigning or transferring a licence from a licensee to a third party;\n(d)  a fee for dealing in shares under section 25; and\n(e)  a fee for copying an entry in the register under section 34 of the Information\nand Communications Technology Authority Act (2019 Revision);\n \u201cAuthority\u201d means the Information and Communications Technology\nAuthority established by section 3 of the Information and Communications\nTechnology Authority Act, 2002;\n\u201cBoard\u201d has the meaning assigned by section 2 of the Utility Regulation and\nCompetition Act (2024 Revision);\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 34A\n\nc\nRevised as at 31st December, 2025\nPage 23\n\n\u201clicence fee\u201d has the meaning assigned by the Information and Communication\nTechnology Act (2019 Revision) prior to the 13th December, 2025,\ncommencement date of the Information and Communication Technology\n(Amendment and Validation) Act, 2025 [Act 15 of 2025].\n\u201clicensee\u201d means a person to whom a licence was granted by \u2014\n(a)  the Authority under the Information and Communications Technology\nAuthority Act (2016 Revision) and any earlier version of that Act in force\nimmediately before the 16th January, 2017; or\n(b)  the Office under the Information and Communications Technology\nAuthority Act (2016 Revision) as amended by the Information and\nCommunications Technology Authority (Amendment) (No. 2) Act, 2016\nand any later revisions of that Act;\n\u201cnon-executive member\u201d has the meaning assigned by section 2 of the Utility\nRegulation and Competition Act (2024 Revision);\n\u201cOffice\u201d has the meaning assigned by section 2 of the Information and\nCommunications Technology Act (2019 Revision);\n\u201cradio licence fee\u201d means a fee charged by, paid to, and collected by, the\nAuthority or the Office, as applicable, for the authorisation \u2014\n(a)  to operate, supply, import or deal in radio-communications equipment; or\n(b)  to establish or operate radio stations in the Islands on Cayman Islands\nregistered vessels or aircraft;\n\u201cregulatory fee\u201d means a fee \u2014\n(a)  charged and collected on a quarterly basis by; and\n(b)  paid by a licensee for the general regulatory services of, the Authority or\nthe Office, as applicable, in respect of the licence;\n\u201croyalty fee\u201d means a fee paid by a licensee in respect of the licence which fee\nequates to six per cent of the licensee\u2019s gross revenue as defined in the licence\nand which was charged and collected by the Office on a quarterly basis and\nsubsequently paid to the Government;\n\u201cspectrum fee\u201d means a fee charged by, paid to, and collected by the Authority\nor the Office, as applicable, for the assignment or allocation of rights to use\nspecified portions of the electromagnetic spectrum, whether on an exclusive or\nshared basis and includes any associated fee charged for the management,\nregulation or administration of spectrum resources relating to the functions of\nthe Office; and\n\u201ctype approval\u201d means the process by which the Office or the Authority, as\napplicable,\nauthorised\nthe\nimportation,\nsale\nor\nuse\nof\nrelevant\ntelecommunications equipment in the Islands.\n\nSection 34B\nInformation and Communications Technology Act (2026 Revision)\n\nPage 24\nRevised as at 31st December, 2025\nc\n\n34B. Validation of charge, payment and collection of licence fees\n34B. The licence fees charged by, paid to, and collected by, the Office during the period\n19th December 2024, the commencing date of the Information and Communications\nTechnology (Validation) Act, 2024 [Act 23 of 2024] and ending on the 13th December\n2025, the commencement date of the Information and Communications Technology\n(Amendment and Validation) Act, 2025 [Act 15 of 2025] are \u2014\n(a)  validated; and\n(b)  taken to have been lawfully charged by, paid to, and collected by, the\nOffice,\n\nas if the licence fees had been prescribed in regulations which were \u2014\n(i)  made under section 97(3)(a) of the Information and Communications\nTechnology Act (2019 Revision); and\n(ii)  published in the Gazette.\n34C. Validation of charge, payment and collection of fees\n34C. The fees, including fees for an experimental licence, fees for a temporary licence,\nradio licence fees, regulatory fees, spectrum fees, royalty fees and administrative fees,\ncharged by, paid to, and collected by, the Authority or the Office, as applicable, under\nthe purported authority of the Information and Communications Technology\nAuthority Act, 2002 and Information and Communications Technology Authority Act\n(2016 Revision) as amended by the Information and Communications Technology\nAuthority (Amendment) (No. 2) Act, 2016 and any later revisions of that Act, prior to\nthe date of commencement of this amending and validating Act are \u2014\n(a)  validated; and\n(b)  taken to have been lawfully charged by, paid to, and collected by, the Authority\nor the Office, as applicable,\n\nas if the Authority or the Office, as applicable, was empowered under the Information\nand Communications Technology Authority Act, 2002 and the Information and\nCommunications Technology Authority Act (2016 Revision) as amended by the\nInformation and Communications Technology Authority (Amendment) (No. 2) Act,\n2016 and any later revisions of that Act, as amended by this amending and validating\nAct, to charge and collect those fees, and as if the fees, where applicable, had been\nprescribed in regulations and published in the Gazette.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 34D\n\nc\nRevised as at 31st December, 2025\nPage 25\n\n34D. Immunity\n34D. (1) Notwithstanding any law to the contrary, any action of a director of the Board,\nnon-executive member, or staff member of the Office in the charging and\ncollecting of licence fees by the Office during the period commencing on the\ndate of commencement of the Information and Communications Technology\n(Validation) Act, 2024 and ending on the date of commencement of this\namending and validating Act are \u2014\n(a)  validated; and\n(b)  taken to have been lawful and valid, as if the action would have been\nlawful and valid had the licence fees been prescribed in regulations which\nwere \u2014\n(i)  made under section 97(3)(a) of the Information and Communications\nTechnology Authority Act (2019 Revision); and\n(ii)  published in the Gazette.\n(2)  Notwithstanding any law to the contrary, any action of a director of the Board,\na staff member of the Authority, a non-executive member, or a staff member of\nthe Office, in the charging and collecting of any fees, including fees for an\nexperimental licence, fees for a temporary licence, radio licence fees, regulatory\nfees, spectrum fees, royalty fees and administrative fees, by the Authority or the\nOffice, as applicable, under the purported authority of the Information and\nCommunications Technology Authority Act, 2002 and Information and\nCommunications Technology Authority Act (2016 Revision) as amended by the\nInformation and Communications Technology Authority (Amendment) (No. 2)\nAct, 2016 and any later revisions of that Act, prior to the 13th December 2025,\nthe commencement date of the Information and Communications Technology\nAuthority (Amendment and Validation) Act, 2025 [Act 15 of 2025] is \u2014\n(a)  validated; and\n(b)  taken to have been lawful and valid, as if the Authority or the Office,\nas applicable, was empowered under the Information and Communications\nTechnology Authority Act, 2002; and Information and Communications\nTechnology Authority Act (2016 Revision) as amended by the Information and\nCommunications Technology Authority (Amendment) (No. 2) Act, 2016 and any\nlater revisions of that Act, as amended by this amending and validating Act to\ncharge and collect those fees and as if the fees, where applicable, had been\nprescribed in regulations and published in the Gazette.\n(3)  For the purposes of subsections (1) and (2), an action of \u2014\n(a)  a director of the Board;\n(b)  a staff member of the Authority;\n(c)  a non-executive member; or\n\nSection 35-54\nInformation and Communications Technology Act (2026 Revision)\n\nPage 26\nRevised as at 31st December, 2025\nc\n\n(d)  a staff member of the Office,\nis not taken to have been lawful or valid if the action was done in bad faith.\nPart 4- Repealed\n35-54. Repealed\n35-54. Repealed by section 10 of the Information and Communications Technology\nAuthority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\nPART 5 \u2013 Local programming\n55.\nLicensee\u2019s duties in respect of local broadcasts\n55. It shall be the duty of a licensee to ensure that local programming broadcast by the\nlicensee \u2014\n(a)\nprotects persons under the age of eighteen;\n(b) includes nothing which \u2014\n(i)\noffends against good taste or decency;\n(ii) is likely to encourage or incite to commit a crime or lead to disorder;\n(iii) is likely to be offensive to public feelings; and\n(iv) is an offensive representation of, or reference to, a person (living or\ndeceased); and\n(c)\npresents with due accuracy and impartiality any news broadcast.\n56.\nStandards for local broadcasts\n56. (1) It shall be the duty of the Office to set, review and revise, such standards for the\ncontent of such broadcasts as appear to it best calculated to secure the standards\nspecified in section 55.\n(2) The standards set by the Office shall be contained in one or more published\ncodes and, in setting or revising the codes, the Office may consult with such\npersons as it sees fit.\n(3) In setting or revising standards, the Office may consult with such persons as it\nsees fit and shall have regard to \u2014\n(a)\nthe degree of harm or offence likely to be caused by the inclusion of any\nparticular sort of material in programmes generally, or in programmes of\na particular description;\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 57\n\nc\nRevised as at 31st December, 2025\nPage 27\n\n(b) the likely size and composition of the potential audience for programmes\nincluded in local programming generally, or in local programming of a\nparticular description;\n(c)\nthe likely expectation of the audience as to the nature of a local\nprogramme\u2019s content and the extent to which the nature of that content can\nbe brought to the attention of potential members of the audience; and\n(d) the likelihood of persons who are unaware of the nature of a local\nprogramme\u2019s content being unintentionally exposed, by their own actions,\nto that content.\n(4) The Office shall ensure that the standards in force under these Regulations\ninclude \u2014\n(a)\nminimum standards applicable to all local programmes; and\n(b) such other standards applicable to particular descriptions of local\nprogrammes as appear to the Office to be appropriate for securing the\nstandards\u2019 objectives.\n57.\nSupervision of local broadcasting\n57. (1) A licensee shall retain a recording of the local programming in a viewable and\naccessible form for a period of twenty-eight days after its broadcast.\n(2) For the purpose of maintaining supervision of local programming, the Office\nmay make and use recordings of those programmes or any part of them and such\nuse shall be deemed not to infringe any intellectual property rights in that\nprogramming.\n(3) Nothing in this Act shall be construed as requiring the Office to view or listen\nto local programmes in advance of their being included in local programming\nservices.\n(4) The Office may issue guidelines as to the duties of licensees under sections 55,\n56 and subsection (1) of this section.\nPart 6 \u2013 Repealed\n58.\nRepealed\n58. Repealed by section 12 of the Information and Communications Technology\nAuthority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n\nSection 59\nInformation and Communications Technology Act (2026 Revision)\n\nPage 28\nRevised as at 31st December, 2025\nc\n\nPART 7 - Universal Service, Interconnection, Infrastructure\nSharing, Numbering, Etc\nUniversal Service\n59.\nUniversal Service Fund\n59. (1) The Office, for the purposes set out in section 60, may establish a fund to be\nknown as the Universal Service Fund and such fund, if established, shall be\nmanaged by the Office in accordance with regulations made by the Cabinet after\nconsultation with the Office.\n(2) The Office may cause the Universal Service Fund to be subdivided into one or\nmore sub-funds for the purpose of administering or funding one or more\ncategories of universal service.\n60.\nPurpose of Fund\n60. (1) The Universal Service Fund shall be used by the Office to compensate any ICT\nservice provider or ICT network provider who is required to provide universal\nservice under section 62.\n(2) The amount of compensation payable under subsection (1) shall be computed in\naccordance with the regulations made by the Cabinet on the recommendation of\nthe Office, and the conditions attached to the licence of the ICT service or ICT\nnetwork provider, and such compensation shall be paid to the relevant ICT\nservice provider and ICT network provider by the Office.\n61.\nUniversal Service regulations\n61. The Cabinet may, on the recommendation of the Office, by regulations made under\nthis Act specify:\n(a)\ncategories of universal service that are required; and\n(b) categories of ICT network providers and ICT service providers that may\nbe required to provide one or more of such required universal services.\n62.\nProvision of Universal Service by specified categories of licensees\n62. (1) The Office may include a condition, in the licence of each licensee that provides\nan ICT service or ICT network specified under section 61, requiring such\nlicensee to provide one or more categories of universal service, provided that\nsuch requirement shall be transparent and non-discriminatory as between\nlicensees that provide such a specified service or network, and is not more\nburdensome than is necessary for the category of universal service required to\nbe offered.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 63\n\nc\nRevised as at 31st December, 2025\nPage 29\n\n(2) A licensee who is required by its licence to provide one or more categories of\nuniversal service to any person shall do so on such terms, including as to price\nand the quality of service, as may be specified in the licence.\n(3) For the purposes of subsection (1), the categories of universal service that may\nbe required include \u2014\n(a)\npublic voice telephony services together with free calls to emergency\nservices and directory assistance; and\n(b) Internet access together with free Internet access for educational or health\nfacilities.\n63.\nProvision of Universal Service by particular licensee\n63. (1) The Office may include a condition, in the licence of any licensee that provides\na specified ICT service or ICT network, requiring such licensee to provide one\nor more categories of universal service.\n(2) A licensee so required by its licence to provide one or more categories of\nuniversal service to any person shall be entitled to compensation as specified in\nsection 60.\n64.\nContributions to Fund\n64. (1) The Office shall include a condition, in the licence of each licensee that provides\nan ICT service or an ICT network specified under section 61, that each such\nlicensee shall contribute to the Universal Service Fund or any one or more subfunds of the Universal Service Fund.\n(2) The Cabinet may, on the recommendation of the Office and by order, prescribe\nthe time, frequency and also the quantum or method for calculating the quantum\nof monies to be paid into the Universal Service fund or any one or more subfunds of the Universal Service Fund by each licensee providing a specified\nservice or network.\n(3) Where, within the scope of its licence, a licensee provides more than one service\nor network specified under subsection (1), the quantum of the monies to be paid\ninto the Universal Service Fund or any one or more sub-funds of the Universal\nService Fund by that licensee shall be determined on the basis of a separate\namount for each specified service or network.\n\nSection 65\nInformation and Communications Technology Act (2026 Revision)\n\nPage 30\nRevised as at 31st December, 2025\nc\n\nInterconnection and Infrastructure Sharing\n65.\nInterconnection and infrastructure sharing\n65. (1) Subject to this section, a licensee that operates a public ICT network shall not\nrefuse, obstruct or in any way impede another licensee in the making of any\ninterconnection with its ICT network or the sharing of any infrastructure and\nshall, in accordance with this section, ensure that the interconnection or\ninfrastructure sharing provided is made at technically feasible physical points.\n(2) A licensee who wishes to make any interconnection or share infrastructure shall\nmake the request for interconnection or infrastructure sharing with another\nlicensee in writing.\n(3) A licensee to whom a request is made in accordance with this section shall, in\nwriting, respond to the request within a period of one month from the date the\nrequest is made to that licensee and, subject to subsection (5), provide the\ninterconnection or infrastructure sharing service in a reasonable time.\n(4) A request by a licensee to make any interconnection or infrastructure sharing\nwith another licensee shall be refused only on reasonable grounds, and such\nrefusal shall be in writing.\n(5) Any interconnection or infrastructure sharing provided by a licensee under this\nsection shall be provided at reasonable rates, terms and conditions which are not\nless favourable than those provided to \u2014\n(a)\nany non-affiliated supplier;\n(b) any subsidiary or affiliate of the licensee; or\n(c)\nany other part of the licensee\u2019s own business.\n(6) Without prejudice to subsection (5), the Authority shall prescribe the cost and\npricing standards and other guidelines on which the reasonableness of the rates,\nterms and conditions of the interconnections or infrastructure sharing will be\ndetermined.\n(7) A public ICT network provider shall not, in respect of any rates charged by that\npublic ICT network provider for interconnection or infrastructure sharing\nservices, call set up or call termination services provided by that public ICT\nnetwork provider to another public ICT network provider, vary the rates on the\nbasis of the class of customers to be served or the type of services that the public\nICT network provider requesting the interconnection or infrastructure sharing\nservices intends to provide.\n66.\nInterconnection and infrastructure sharing\n66. (1) Interconnection or infrastructure sharing agreements between licensees shall be\nin writing, and copies of each agreement shall be submitted to the Office within\nseven days of that agreement having been signed.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 67\n\nc\nRevised as at 31st December, 2025\nPage 31\n\n(2) Copies of interconnection or infrastructure sharing agreements between\nlicensees shall be kept in a public registry maintained by the Office for that\npurpose.\n(3) The agreements referred to in subsection (2) shall be open to public inspection\nduring normal working hours.\n(4) The Office shall, after consulting the Cabinet, prepare, publish, and make\navailable copies of the procedures to be followed by the licensees when\nnegotiating interconnection or infrastructure sharing agreements.\n(5) Where parties cannot agree upon interconnection or infrastructure sharing rates,\nthe Office may impose such rates.\n67.\nPre-contract disputes\n67. (1) Where, during negotiations for the provision of interconnection or infrastructure\nsharing , there is any dispute between the parties (hereinafter in this section\nreferred to as the \u201cpre-contract dispute\u201d) as to the terms and conditions of such\nprovision, either of them may refer the dispute to the Office for resolution.\n(2) The Office may make rules applicable to the resolution of pre-contract disputes\nby means of arbitration or other dispute resolution mechanisms.\n(3) A decision of the Office in relation to any pre-contract dispute shall be\nconsistent with any agreement reached between the parties as to matters that are\nnot in dispute.\n67A. Power of the Office to consider disputes on its own initiative\n67A. (1) The Office may decide, on its own initiative, to consider and determine what, in\nits view, is a dispute between any persons concerning the potential or actual\noperation of an ICT network or provision of an ICT service and in so doing shall\nnotify all parties to the dispute that it is doing so.\n(2) The Office shall include in any notification under subsection (1), a timetable for\nconsidering and determining the dispute and may give directions with which the\nrelevant persons to the dispute are to comply in order to enable the Office to\ncarry out its functions, responsibilities and duties.\n(3) The Office\u2019s determination shall be one which it considers will enable the\ndispute to be resolved in a way which best contributes to the fulfilment of its\nfunctions, responsibilities and duties, and may include any one or more of the\nfollowing \u2014\n(a)\nthe making of a declaration setting out the rights and obligations of the\nparties to the dispute;\n(b) the giving of a direction fixing the terms or conditions of transactions\nbetween the parties to the dispute;\n\nSection 68\nInformation and Communications Technology Act (2026 Revision)\n\nPage 32\nRevised as at 31st December, 2025\nc\n\n(c)\nthe giving of a direction imposing an obligation, enforceable by the parties\nto the dispute, to enter into a transaction between themselves on the terms\nand conditions fixed by the Office;\n(d) for the purpose of giving effect to a determination by the Office of the\nproper amount of a charge in respect of which amounts have been paid by\none of the parties of the dispute to the other, the giving of a direction,\nenforceable by the party to whom the sums are to be paid, requiring the\npayment of sums by way of adjustment of an underpayment or\noverpayment; and\n(e)\nsuch other course of action as the Office considers necessary to resolve the\ndispute.\n(4) The procedure for considering the dispute and making a determination is the\nprocedure that the Office is required, by Law, to follow.\n(5) Where the Office makes a determination under this section, the Office shall\npublish the determination.\n68.\nCost of interconnection and infrastructure sharing\n68. (1) The cost of making any interconnection or infrastructure sharing to the ICT\nnetwork of another licensee shall be borne by the licensee requesting the\ninterconnection.\n(2) In this section \u2014\n\u201caccommodation\u201d means space within buildings or land adjacent to buildings,\nbelonging to the party providing the interconnection or infrastructure sharing,\nfor use by the requesting party\u2019s equipment or personnel; and\n\u201ccosts\u201d means the fully allocated cost of accommodation, mechanical and\nelectrical connection, electronic programming and infrastructure sharing and\nshall not include compensation for the loss of business which the party\nproviding the interconnection or infrastructure sharing may incur by virtue of\nproviding the interconnection or infrastructure sharing to the requesting party.\n(3) The cost referred to in subsection (1) shall be based on cost-oriented rates that\nare reasonable and arrived at in a transparent manner having regard to economic\nfeasibility, and shall be sufficiently unbundled such that the licensee requesting\nthe interconnection or infrastructure sharing service does not have to pay for\nnetwork components that are not required for the interconnection or\ninfrastructure sharing service to be provided.\n69.\nInfrastructure sharing\n69. (1) Repealed by section 18 of the Information and Communications Technology\nAuthority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 70\n\nc\nRevised as at 31st December, 2025\nPage 33\n\n(2) The Office, in order to promote an efficient, economic and harmonised\nutilisation of infrastructure, may \u2014\n(a)\ncoordinate with, and issue guidelines to, any or all government entities\nhaving general authority over matters affecting infrastructure; and\n(b) inquire into and require modification of any agreement or arrangements\nentered into between a licensee and a another person or licensee which has\nthe effect of limiting either the efficient and harmonised utilisation of\ninfrastructure or the promotion of competition in the provision of ICT\nservices or ICT networks.\n(3) A licensee shall not deny another licensee access to its infrastructure or\ninfrastructure arrangements except \u2014\n(a)\nwhere there is insufficient capacity taking into account reasonably\nanticipated requirements;\n(b) there are reasons of safety or security; or\n(c)\nthere are technical and engineering matters which would make such access\ndifficult or impossible.\n70.\nLicensee confidential information\n70. (1) Where a licensee receives information from another licensee for the purpose of\ninterconnection, infrastructure sharing or the provision of ICT networks or ICT\nservices generally, and such information is of a competitive nature in that the\ninformation relates to matters including the following \u2014\n(a)\ncustomer orders;\n(b) market forecasts;\n(c)\nplans for the development of new services;\n(d) network plans;\n(e)\nnew customers; and\n(f)\ncurrent or proposed business plans,\nthe licensee shall treat such information in confidence and \u2014\n(i)\nmay only share it amongst such of its employees who need the\ninformation in order to provide services to the licensee providing the\ninformation; and\n(ii) shall not provide such information to its employees or other persons\nwho are involved in providing ICT networks or ICT services offered\nin competition to the licensee providing the information.\n(2) The Office may establish such rules and procedures as it considers necessary to\nprevent the misuse of licensees\u2019 confidential information.\n\nSection 71\nInformation and Communications Technology Act (2026 Revision)\n\nPage 34\nRevised as at 31st December, 2025\nc\n\nNumbering\n71.\nNumbering\n71. (1) The Office shall establish and manage a national plan for the allocation of\ntelephone numbers among licensees in accordance with the regulations made in\nthat respect under this Act by the Cabinet.\n(2) The Office shall, in managing the national plan for the allocation of numbers\namong licensees, pay due regard to the existing allocation of numbers.\n(3) Subject to this Act, the Office may make rules imposing on any licensee the\nresponsibility to offer number portability if the Office is satisfied on reasonable\ngrounds that \u2014\n(a)\nthe benefits likely to arise from the requirement to provide a particular\nform of number portability outweigh the likely cost of implementing\nit; and\n(b) the requirement will not impose an unfair burden on any licensee.\n(4) In this section \u2014\n\u201cnumber portability\u201d relates to the ability of customers to change licensee\nwithout having to change their telephone numbers.\nPART 8 - Service Standards and Data Protection\n72.\nQuality of service\n72. (1) ICT service providers and ICT network providers shall use best endeavours to\nensure that their ICT services and ICT networks are \u2014\n(a)\nreliable;\n(aa) where practicable, directly interconnected with each of the other ICT\nnetwork providers\u2019 networks;\n(b) provided with due care and skill; and\n(c)\nrendered in accordance with the standards reasonably expected of a\ncompetent provider of those ICT services and ICT networks.\n(2) A complaint may be made to the Office by any person who is dissatisfied with\nthe networks or services provided to that person by an ICT service provider or\nICT network provider or who claims to be adversely affected by the actions or\nomissions of an ICT service provider or ICT network provider.\n(3) The Office may prescribe quality standards for the provision of ICT services\nand ICT networks in relation to all ICT service providers and ICT network\nproviders.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 73\n\nc\nRevised as at 31st December, 2025\nPage 35\n\n(4) The Office shall make rules and establish procedures relating to the refusal,\ndisconnection or interruption of ICT services or ICT networks and the\nadministration and resolution of subscriber complaints, without limitation,\nincluding requirements for and the determinations relating to the payments of\nthe costs of proceedings and procedures for the resolution of subscriber\ncomplaints and the payment of compensation to subscriber, which shall be\nbinding upon licensees.\n73.\nNon-discrimination and continuity of supply\n73. ICT service or ICT network providers may, subject to the rules and procedures\nestablished under section 72(4) \u2014\n(a)\nrefuse to provide an ICT service or an ICT network to a subscriber; or\n(b) discontinue or interrupt the provision of such an ICT service or ICT\nnetwork to a subscriber pursuant to an agreement with that subscriber,\nonly on grounds which are reasonable and non-discriminatory, and where any\nsuch action is taken, the ICT service or ICT network provider shall, within seven\ndays, provide in writing to the subscriber the reasons therefor.\n74.\nEquipment standards and technician certification\n74. (1) The Office may establish or adopt appropriate standards for equipment that may\nbe connected to a public ICT network and for certification of ICT technicians.\n(2) Licensees shall, as a condition of licensing \u2014\n(a)\nconnect only equipment meeting such standards to public ICT\nnetworks; and\n(b) employ ICT technicians, who have been certified in accordance with this\nAct or any other Law, to set-up, maintain and upgrade that equipment.\n(3) It shall be a condition of public ICT network use that subscribers connect only\nequipment to public ICT networks that meet such standards. Failure to comply\nwith such standards is a reasonable ground to refuse to provide, to discontinue\nor to interrupt the provision of the relevant ICT service or ICT network under\nsection 73.\n(4) Notwithstanding subsections (1), (2) and (3), the Office may, by notice\npublished in the Gazette, exempt any equipment from the requirements of this\nsection for such period of time as the Office considers appropriate and in\ngranting such exemption the Office may indicate \u2014\n(a)\nthe particular individual or company to which the exemption applies;\n(b) the reasons why the exemption is being granted;\n(c)\nthe purpose for which the equipment may be used; and\n(d) the period of time for which the equipment may be used.\n\nSection 75\nInformation and Communications Technology Act (2026 Revision)\n\nPage 36\nRevised as at 31st December, 2025\nc\n\n75.\nInterception of messages prohibited\n75. (1) Subject to subsection (2), a person who intentionally intercepts, alters,\nreplicates, monitors or interrupts any message (whether in whole or in part)\nduring its transmission over an ICT network or by means of an ICT service by\nany means commits an offence and is liable, for each such message \u2014\n(a)\non summary conviction, to a fine of ten thousand dollars;\n(b) on conviction on indictment, to a fine of twenty thousand dollars and to\nimprisonment for two years.\n(2) A person shall not have committed an offence under this section if \u2014\n(a)\nthe message is intercepted, monitored or interrupted in obedience to a\nwarrant or order issued by the Governor;\n(b) the message is intercepted, replicated, monitored or interrupted for the\npurpose of preventing a contravention of section 77;\n(c)\nthe person by whom the message is sent or to whom the message is sent\nhas expressly or impliedly consented to the interception, monitoring or\ninterruption;\n(d) the message is intercepted, monitored or interrupted by the Office or on\nthe written instructions of the Office for purposes connected with the\nexecution of its functions under this Act;\n(e)\nthe message is intercepted, monitored or interrupted by the ICT network\nprovider or ICT service provider over whose network or service the\nmessage is being transmitted for the purposes of \u2014\n(i)\nproviding or billing for that ICT network or ICT service;\n(ii) preventing the illegal use of the ICT network or ICT service; or\n(iii) preserving the technical integrity of an ICT network or ICT\nservice; or\n(f)\nthe message is intended to be received by the public.\n76.\nPrivacy of subscriber information\n76. (1) In this section \u2014\n\u201csubscriber\u201d does not include an end user.\n(2) Subject to subsection (3), a licensee who intentionally discloses any personal\ndata of a subscriber or end user commits an offence and is liable for each such\ndisclosure \u2014\n(a)\non summary conviction, to a fine of ten thousand dollars; or\n(b) on conviction on indictment, to a fine of twenty thousand dollars and to\nimprisonment for two years.\n(3) Subsection (1) does not apply to \u2014\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 77\n\nc\nRevised as at 31st December, 2025\nPage 37\n\n(a)\nany disclosure which is made to a constable for the prevention or detection\nof crime or for the purposes of any criminal proceedings;\n(b) any disclosure under any law for the time being which requires such\ndisclosure;\n(c)\nany disclosure which is made with the written consent of the subscriber or\nend user, as the case may be;\n(d) any disclosure which is made under a court order;\n(e)\nany disclosure which is made in obedience to a warrant or order issued by\nthe Governor; or\n(f)\nany disclosure which is made to the Office for purposes connected with\nthe execution of its functions under this Act.\n(4) A licensee shall not be liable for any action or suit for any injury, loss or damage\nresulting from disclosure of information made under subsection (3).\n77.\nRefusal to produce records to police officer\n77. (1) Subject to subsection (2), an ICT licensee who \u2014\n(a)\nwithout reasonable excuse, refuses or fails to produce any document,\nmessage, record, thing, statement or information (whether in electronic\nform or otherwise) relating to its ICT network, ICT service or the users\nthereof and required by a constable of the rank of Inspector or above, upon\nthe written request of a constable of the rank of Inspector or above, for the\nprevention or detection of crime or for the purposes of any criminal\nproceedings;\n(b) without reasonable excuse, destroys or alters, or causes to be destroyed or\naltered, any document, message, record, thing, statement or information\n(whether in electronic form or otherwise) relating to its ICT network, ICT\nservice or the users thereof and required, upon the written request of a\nconstable of the rank of Inspector or above, to be produced for the\nprevention or detection of crime or for the purposes of any criminal\nproceedings; or\n(c)\nknowingly gives false or misleading information to any constable\nrequiring the information, upon the written request of a constable of the\nrank of Inspector or above, for the prevention or detection of crime or for\nthe purposes of any criminal proceedings,\ncommits an offence and is liable, on summary conviction, to a fine of ten\nthousand dollars and to imprisonment for one year.\n(2) Subsection (I) applies to any document (including a reverse directory), message,\nrecord, thing, statement or information (whether in electronic form or otherwise)\nheld by an ICT licensee and relating to its ICT network, ICT service or the users\n\nSection 78-80\nInformation and Communications Technology Act (2026 Revision)\n\nPage 38\nRevised as at 31st December, 2025\nc\n\nthereof, other than any such message transmitted earlier than the 15th\nNovember, 2000.\nPART 9- Repealed\n78-80. Repealed\n78-80. Repealed by section 21 of the Information and Communications Technology\nAuthority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\nPART 10 - Offences\n81.\nInspections\n81. (1) All ICT installations, equipment, apparatus and stations which are used in\nconnection with a license issued or applied for under this Act shall be subject to\ninspection by a person duly authorised by the Office.\n(2) A person who \u2014\n(a)\nintentionally impedes or interferes with the inspection referred to in this\nsection;\n(b) does not give information requested in the course of such inspection; or\n(c)\ngives wrong information in response to an inquiry made by the authorised\nperson,\ncommits an offence and is liable, on summary conviction, to a fine of ten\nthousand dollars and to imprisonment for one year.\n82.\nEngaging in ICT activities without a licence\n82. (1) A person who operates an ICT network or provides ICT services specified in\naccordance with section 23(2) contrary to that section commits an offence and\nis liable, on conviction on indictment, to a fine of fifty thousand dollars and to\nimprisonment for five years, and if the offence is a continuing one to a further\nfine of ten thousand dollars for every day or part of a day during which the\noffence has continued.\n(2) The Court may also, on application \u2014\n(a)\nmake an order for forfeiture of any equipment used for the commission of\nthe offence; and\n(b) grant an order restraining the accused from continuing to engage in similar\nactivities.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 83\n\nc\nRevised as at 31st December, 2025\nPage 39\n\n83.\nMalicious damage to apparatus\n83. (1) No person shall remove, alter, damage, disrupt, disable or destroy any ICT\nnetwork or ICT apparatus except in accordance with this Act or the regulations.\n(2) A person who contravenes subsection (1) commits an offence and is liable, on\nsummary conviction, to a fine of twenty thousand dollars or to imprisonment\nfor two years or, on conviction on indictment, to a fine of forty thousand dollars\nor to imprisonment for four years.\n84.\nObstruction of investigation\n84. A person who in any manner impedes, prevents, or obstructs any investigation being\ncarried out by the Office under this Act commits an offence and is liable, on summary\nconviction, to a fine of ten thousand dollars and to imprisonment for one year.\n85.\nRepealed\n85. Repealed by section 21 of the Information and Communications Technology\nAuthority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n86.\nRepealed\n86. Repealed by section 21 of the Information and Communications Technology\nAuthority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n87.\nRepealed\n87. Repealed by section 21 of the Information and Communications Technology\nAuthority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n88.\nDangerous transmissions, etc.\n88. (1) An originator who \u2014\n(a)\nwith knowledge that a message is dangerous to the security of the Islands\nor contrary to public order, and;\n(b) with intent,\nsends that message, commits an offence and is liable, on conviction on\nindictment, to a fine of five hundred thousand dollars and to imprisonment for\nten years.\n(2) For the purposes of this section, an intermediary is not an originator.\n(3) An intermediary shall not be required to monitor any message processed by\nmeans of that intermediary\u2019s ICT installation in order to ascertain whether its\nprocessing would constitute or give rise to an offence under this section.\n(4) In addition to any other penalty provided in this section, equipment used to\ncommit an offence under this section may, by order of a Court, be forfeited to\nthe Government upon conviction of any owner or other person having control\n\nSection 89\nInformation and Communications Technology Act (2026 Revision)\n\nPage 40\nRevised as at 31st December, 2025\nc\n\nof such equipment or apparatus regardless of the fact that the operation giving\nrise to the offence has ceased.\n89.\nTerritorial scope of inchoate offences\n89. (1) On a charge of conspiracy to commit an offence under this Act, the following\nquestions are immaterial to the accused\u2019s guilt \u2014\n(a)\nthe question where a person became a party to the conspiracy; and\n(b) the question whether any act, omission or other event occurred in the\nIslands.\n(2) On a charge of attempting to commit an offence under this Act, the following\nquestions are immaterial to the accused\u2019s guilt \u2014\n(a)\nthe question where the attempt was made; and\n(b) the question whether it had an effect in the Islands.\n(3) On a charge of incitement to commit an offence under this Act, the question\nwhere the incitement took place is immaterial to the accused\u2019s guilt.\n90.\nUse of an ICT service to defraud, abuse, annoy, threaten or harass\n90. (1) A person who knowingly uses an ICT network or ICT service to defraud, abuse,\nannoy, threaten or harass any other person commits an offence and is liable, on\nsummary conviction, to a fine of ten thousand dollars and to imprisonment for\none year, or, on conviction on indictment, to a fine of twenty thousand dollars\nand to imprisonment for two years.\n(2) In addition to imposing any penalty under subsection (1), the Court may, by\norder, restrain the person from using ICT services or ICT networks as it sees fit.\n91.\nRepealed\n91. Repealed by section 23 of the Information and Communications Technology\nAuthority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n92.\nUnlawfully acting as Administrative Point of Contact or Technical Point of\nContact\n92. (1) A person who, without the written consent of the Office \u2014\n(a)\nacts or purports to act as, or holds themselves out as being authorised by\nthe Office to act as, the Administrative Point of Contact for the top level\nof the global Internet Domain Name System assigned to the Islands; or\n(b) acts or purports to act as, or holds themselves out as being authorised by\nthe Office to act as, the Technical Point of Contact for the top level of the\nglobal Internet Domain Name System assigned to the Islands,\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 93\n\nc\nRevised as at 31st December, 2025\nPage 41\n\ncommits an offence and is liable, on summary conviction, to a fine of ten\nthousand dollars or on conviction on indictment to a fine and to imprisonment\nfor one year.\n(2) A person who, without the written consent of the Office \u2014\n(a)\ndeals with or assumes any rights in relation to the top level of the global\nInternet Domain Name System assigned to the Islands; or\n(b) makes or attempts to make any request to the Internet Corporation for\nAssigned Names and Numbers or the Internet Assigned Numbers\nAuthority to delegate or re-delegate responsibility for the top level of the\nglobal Internet Domain Name System assigned to the Islands,\ncommits an offence and is liable on summary conviction to a fine of ten\nthousand dollars or on conviction on indictment to a fine and to imprisonment\nfor one year.\n(3) The Office may bring civil proceedings against any person who contravenes this\nAct, and the Court may, in such proceedings, make such order as it considers\nappropriate including orders requiring compliance with this Act and the\nregulations.\n(4) A person who does anything outside the Islands and the action, if it had occurred\nwithin the Islands would have constituted the commission of an offence under\nthis section, commits an offence and is liable to any of the penalties specified\nunder this section.\n93.\nOffences under Part 4\n93. (1) A person who fails to comply with a requirement imposed on that person under\nsection 42 or 43 commits an offence.\n(2) Where a person is charged with an offence under subsection (1) in respect of a\nrequirement to produce a document, it is a defence for that person to prove \u2014\n(a)\nthat the document was not in that person\u2019s possession or under that\nperson\u2019s control; and\n(b) that it was not reasonably practicable for that person to comply with the\nrequirement.\n(3) Where a person is charged with an offence under subsection (1) in respect of a\nrequirement \u2014\n(a)\nto provide information;\n(b) to provide an explanation of a document; or\n(c)\nto state where a document is to be found,\nit is a defence for that person to prove that that person had a reasonable excuse\nfor failing to comply with the requirement.\n\nSection 94\nInformation and Communications Technology Act (2026 Revision)\n\nPage 42\nRevised as at 31st December, 2025\nc\n\n(4) Failure to comply with a requirement imposed under section 42 is not an offence\nif the person imposing the requirement has failed to act in accordance with that\nsection.\n(5) A person who intentionally obstructs an officer acting in the exercise of that\nofficer\u2019s powers under section 43 commits an offence.\n(6) A person who commits an offence under subsection (1) or (5) is liable, on\nsummary conviction, to a fine of four thousand dollars and on conviction on\nindictment to a fine.\n(7) A person who intentionally obstructs an officer in the exercise of that officer\u2019s\npowers under a warrant issued under section 43 commits an offence and is liable\non summary conviction to a fine of four thousand dollars and, if that person is\nconvicted on indictment, to a fine and imprisonment for two years.\n94.\nDestroying or falsifying documents\n94. (1) A person commits an offence where, having been required to produce a\ndocument under section 42 or 43 \u2014\n(a)\nthat person intentionally or recklessly destroys or otherwise disposes of it,\nfalsifies it or conceals it; or\n(b) that person causes or permits its destruction, disposal, falsification or\nconcealment.\n(2) A person who commits an offence under subsection (1) is liable on summary\nconviction to a fine of four thousand dollars or on conviction on indictment to a\nfine and to imprisonment for two years.\n95.\nFalse or misleading information\n95. (1) Where information is provided by a person to the Office in connection with any\nfunction of the Office under Part 4, that person commits an offence if \u2014\n(a)\nthe information is false or misleading in a material particular; and\n(b) that person knows that it is or is reckless as to whether it is.\n(2) A person who \u2014\n(a)\nprovides any information to another person, knowing the information to\nbe false or misleading in a material particular; or\n(b) recklessly provides any information to another person which is false or\nmisleading in a material particular,\nknowing that the information is to be used for the purpose of providing\ninformation to the Office in connection with any of its functions under Part 4,\ncommits an offence.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 96\n\nc\nRevised as at 31st December, 2025\nPage 43\n\n(3) A person who commits an offence under this section is liable on summary\nconviction to a fine of four thousand dollars and on conviction on indictment to\na fine and to imprisonment for two years.\n96.\nOrder for payment of compensation\n96. (1) Where a person is convicted of an offence under this Act, the Court may make\nan order for the payment of compensation to any person for any damage caused\nby the offence.\n(2) Any claim by a person for damages sustained by reason of the offence shall be\ndeemed to have been satisfied to the extent of any amount which has been paid\nto that person under an order for compensation, but the order shall not prejudice\nany right to a civil remedy for the recovery of damages beyond the amount of\ncompensation paid under the order.\nPART 11 - General\n97.\nPower to make regulations\n97. (1) Without derogating from the powers to make regulations conferred elsewhere\nin this Act, the Cabinet may make regulations \u2014\n(a)\nprescribing matters required or permitted by this Act to be prescribed;\n(b) facilitating \u2014\n(i)\nthe investigation of; or\n(ii) the bringing of criminal proceedings in respect of \u2014\nthe operation of an ICT network or provision of ICT services or use of the\nfrequency spectrum that may be, or is, an offence under this or any other law;\n(c)\non the recommendation of the Office, prescribing matters for the better\ncarrying out of the duties and powers of the Office or\n(d) for carrying the purpose and provisions of this Act into effect.\n(2) Regulations may provide that the contravention of any provision constitutes an\noffence and may prescribe penalties for any such offence not exceeding the\nmaximum fine and term of imprisonment prescribed in this Act for any offence\nunder this Act.\n(3) The Office \u2014\n(a)\nafter consultation with the Minister, may make regulations relating to \u2014\n(i)\nlicence fees;\n(ii) critical ICT infrastructure; and\n(iii) radio and television content obligations; and\n(b) may make regulations relating to \u2014\n\nSection 98\nInformation and Communications Technology Act (2026 Revision)\n\nPage 44\nRevised as at 31st December, 2025\nc\n\n(i)\ninfrastructure sharing;\n(ii) the numbering system;\n(iii) quality standards; and\n(iv) such other measures as the Office considers necessary for the\ncarrying out of its duties under this Act.\n98.\nRepealed\n98. Repealed by section 25 of the Information and Communications Technology\nAuthority (Amendment) (No.2) Law, 2016 [Law 50 of 2016].\n99.\nEstablishment of ICT installations on land\n99. The provisions of Schedule 2 shall govern the acquisition by ICT service providers\nand ICT network providers of rights to establish ICT installations on the land or\nproperty of other persons or authorities, and ancillary rights.\n100. Conflict of laws\n100.  (1) Where there is any inconsistency between this Act and any other Law, this Act\nshall prevail to the extent of the inconsistency, subject to subsection (2).\n(2) Where there is any inconsistency between this Act and the Public Authorities\nAct (2020 Revision), the Public Authorities Act (2020 Revision) shall prevail to\nthe extent of any inconsistency.\nPart 12 \u2013 Dissolution of Authority\n100A. Dissolution of Authority\n100A.(1) On the operative date, the Authority is dissolved and the assets, liabilities,\nproperty and contracts of the Authority, together with all functions and powers\nrequired to ensure the effectiveness and continuity of regulation, are transferred\nto the Office.\n(2) Every matter commenced under the former Law and partly dealt with by the\nformer Board when the new Law comes into force, is to be continued and dealt\nwith in all respects under the new Law and the provisions of the new Law are\nto apply accordingly.\n(3) Every matter commenced under the former Law and not wholly or partly dealt\nwith by the former Board when the new Law comes into force, is to be taken to\nbe a matter commenced under the new Law and the provisions of the new Law\nare to apply accordingly.\n(4) Any subordinate legislation or instructions that relates to the functions or powers\nof the Authority shall continue to apply to the Office, with all necessary changes\nbeing made, until such time as the Office issues administrative determinations\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 100B\n\nc\nRevised as at 31st December, 2025\nPage 45\n\nfor similar purposes under the Utility Regulations and Competition Act (2024\nRevision) that are inconsistent with the subordinate legislation or those\ninstructions; and, where the Office issues such administrative determinations\nthat are inconsistent with that subordinate legislation or those instructions, then,\nto the extent of the inconsistency, the subordinate legislation or instructions\nshall cease to apply.\n100B. Transfer of employees to the Authority\n100B.(1) A person employed in the Authority on the day preceding the operative date,\nmay be offered employment by the Office and, if the person accepts the offer,\nthe person shall become an employee of the Office on terms and conditions of\nemployment no less favourable than those that applied to the person\u2019s office in\nthe person\u2019s employment in the Authority, except \u2014\n(a)\nto the extent other terms and conditions are agreed between the employee\nand the Office; and\n(b) that disciplinary matters shall be dealt with in accordance with the Labour\nAct (2021 Revision) and the disciplinary rules and procedures of the\nOffice.\n(2) Pension arrangements and medical benefits relating to any employee specified\nunder subsection (1) shall be subject to sections 100C and 100D, respectively.\n100C. Pensions transferred employees\n100C.The Office shall ensure the payment of pensions to all of its employees and shall,\nfor the purpose \u2014\n (a) with respect to employees transferred from the Authority in accordance\nwith this Act, continue maintaining or subscribing to a fund in accordance\nwith the National Pensions (Amendment) Law, 2016 [Law 17 of 2016]; and\n(b) with respect to employees employed by the Office after the operative date\nand who have not been transferred in accordance with this Act, create and\nmaintain or subscribe to a fund in accordance with the provisions of the\nNational Pensions (Amendment) Law, 2016 [Law 17 of 2016];\nbut the Office shall not subscribe to any fund in respect of those employees who\nare employed under contracts which are six months or less in duration.\n100D. Medical care for employees of the Office and applicability of Health\nInsurance Act\n100D.The Health Insurance Act (2021 Revision) shall apply to the Office except that \u2014\n(a)\nthe Office may elect to provide free or subsidized medical benefits in lieu\nof, or in addition to, insurance coverage under the Health Insurance Act\n(2021 Revision); and\n\nSection 101\nInformation and Communications Technology Act (2026 Revision)\n\nPage 46\nRevised as at 31st December, 2025\nc\n\n(b) a person described in section 100B shall, unless otherwise notified by the\nOffice, be entitled to receive from the Office the medical benefits provided\nto that person on the day preceding that person\u2019s transfer to the Office.\n101. Transitional arrangements\n101. (1) Any licences or other enabling instruments issued to any person to provide any\naspect of ICT services or ICT networks in the Islands and which are valid\nimmediately before the operative date shall continue to remain in full force and\neffect and shall authorise the continued ownership and operation of the ICT\nservices and ICT networks provided under such licences or enabling instruments\nuntil the such date or such later date as the Cabinet may specify by notice\npublished in the Gazette.\n(2) The Minister may, where the Authority has not been established at the 17th May,\n2002 and until such time as the Board may specify by resolution, have the power\nto issue any concession, licence or authorisation which the Authority is\nempowered by this Act to issue, and the Cabinet may, for such period of time\nas it shall determine, appoint such persons as it considers necessary to assist the\nMinister in carrying out such functions.\n(3) Any fees or charges relating to any licence, concession, authorisation or\nfranchise granted under the repealed Broadcasting Law (1997 Revision), the\nrepealed Radio Law (1996 Revision) or the repealed Telephone Law (1997\nRevision) and owed to the Government in accordance with any such repealed\nlaw shall be deemed a debt owed to the Government and shall remain\nrecoverable after the 17th May, 2002.\n102. Interpretation for the purposes of Part 12\n102. In this Part \u2014\n\u201cAuthority\u201d means the Information and Communications Technology\nAuthority established under the former Law;\n\u201cformer board\u201d means the Board of directors of the Authority;\n\u201cformer Law\u201d means the principal Law in force immediately before the date of\ncommencement of the Information and Communications Technology Authority\n(Amendment) (No. 2) Law, 2016 [Law 50 of 2016];\n\u201cnew Law\u201d means the principal Law as amended by the Information and\nCommunications Technology Authority (Amendment) (No. 2) Law, 2016 [Law\n50 of 2016];\n\u201cOffice\u201d means the Office of Competition and Regulation established under the\nUtility Regulations and Competition Law, 2016 [Law 49 of 2016]; and\n\u201coperative date\u201d means the date of commencement of section 21 of the\nInformation and Communications Technology Authority (Amendment) (No. 2)\nLaw, 2016 [Law 50 of 2016].\n\nInformation and CommunicationsTechnology Act (2026 Revision)\nSection 103\n\nc\nRevised as at 31st December, 2025\nPage 47\n\n103. Validation of licence fees\n103. (1) The licence fees charged by, paid to, and collected by, the Authority during the\nperiod commencing on 5th August, 2003 and ending on 15th January, 2017\nare \u2014\n(a)  validated; and\n(b)  taken to have been lawfully charged by, paid to, and collected by, the\nAuthority, as if the licence fees had been prescribed in Regulations which\nwere \u2014\n(i)  made under section 70(3)(a) of the Information and Communications\nTechnology Authority Act, 2002; and\n(ii)  published in the Gazette.\n(2)  The licence fees charged by, paid to, and collected by, the Office during the\nperiod commencing on 16th January, 2017 and ending on the 19th December,\n2024, the commencement date of the Information and Communications\nTechnology (Validation) Act, 2024 (Act 23 of 2024) are \u2014\n(a)  validated; and\n(b)  taken to have been lawfully charged by, paid to, and collected by, the\nOffice, as if the licence fees had been prescribed in Regulations which\nwere \u2014\n(i)  made under section 97(3)(a) of the Information and Communications\nTechnology Authority Act (2016 Revision) as amended by the\nInformation\nand\nCommunications\nTechnology\nAuthority\n(Amendment) (No. 2) Act, 2016 and any later revisions of that Act;\nand\n(ii)  published in the Gazette\n104. Immunity\n104. (1) Notwithstanding any law to the contrary, any action of a director of the Board\nor any staff member of the Authority in the charging and collecting of licence\nfees by the Authority during the period commencing on 5th August, 2003 and\nending on 15th January, 2017 are \u2014\n(a)  validated; and\n(b)  taken to have been lawful and valid, if the action would have been\nlawful and valid had the licence fees been prescribed in Regulations which\nwere \u2014\n(i)  made under section 70(3)(a) of the Information and Communications\nTechnology Authority Act, 2002; and\n(ii)  published in the Gazette.\n\nSection 105\nInformation and Communications Technology Act (2026 Revision)\n\nPage 48\nRevised as at 31st December, 2025\nc\n\n(2)  Notwithstanding any law to the contrary, any action of a director of the Board,\nnon-executive member, or staff member of the Office in the charging and\ncollecting of licence fees by the Office during the period commencing on 16th\nJanuary, 2017 and ending on the 19th December, 2024, the commencement date\nof the Information and Communications Technology (Validation) Act, 2024 (Act\n23 of 2024) are \u2014\n(a)  validated; and\n(b)  taken to have been lawful and valid, if the action would have been\nlawful and valid had the licence fees been prescribed in Regulations which\nwere \u2014\n(i)  made under section 97(3)(a) of the Information and Communications\nTechnology Authority Act (2016 Revision) as amended by the\nInformation\nand\nCommunications\nTechnology\nAuthority\n(Amendment) (No. 2) Act, 2016 and any later revisions of that Act;\nand\n(ii)  published in the Gazette.\n(3)  For the purposes of subsections (1) and (2), an action of a director of the Board\nor a staff member of the Authority, or a director of the Board, a non-executive\nmember, or a staff member of the Office, is not taken to have been lawful or\nvalid if the action was done in bad faith.\n105. Orders or determinations by a court\n105. The Information and Communications Technology (Validation) Act, 2024 (Act 23 of\n2024) does not affect any order or determination made by a court with respect to\nlicence fees prior to 19th December, 2024, the commencement date of the\nInformation and Communications Technology (Validation) Act, 2024 (Act 23 of\n2024).\n106. Transitional provisions - pending and ongoing proceedings\n106. Nothing in this Act affects any matter or proceeding in a court with respect to licence\nfees which is pending or in progress prior to the 19th December, 2024, the\ncommencement date of the Information and Communications Technology\n(Validation) Act, 2024 (Act 23 of 2024).\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 1\n\nc\nRevised as at 31st December, 2025\nPage 49\n\n SCHEDULE 1\n(section 8)\nPROCEDURE OF THE BOARD\nRepealed by section 29 of the Information and Communications Technology Authority\n(Amendment) (No.2) Law, 2016 [Law 50 of 2016]\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 50\nRevised as at 31st December, 2025\nc\n\nSCHEDULE 2\n(section 2)\nA CODE TO GOVERN THE ACQUISITION BY LICENSEES OF RIGHTS\nOVER LAND AND ANCILLARY RIGHTS\n1. Definitions\n1.\n(1) In this Schedule \u2014\n\u201calter\u201d, \u201calteration\u201d and \u201caltered\u201d shall be construed in accordance with subparagraph (2);\n\u201cCourt\u201d means, without prejudice to any right of appeal conferred by virtue of\nparagraph 25 or otherwise, the Summary Court;\n\u201cemergency works\u201d in relation to the licensee or a relevant undertaker for the\npurposes of paragraph 20, means works, the execution of which at the time it is\nproposed to execute them, is requisite in order to put an end to, or prevent, the\narising of circumstances then existing or imminent which are likely to cause \u2014\n(a)\ndanger to persons or property;\n(b) the interruption of any service provided by the licensee\u2019s ICT network or\nICT service or interference with the exercise of any functions conferred or\nimposed on the undertaker by or under any enactment; or\n(c)\nsubstantial loss to the licensee or the undertaker,\nand such other works as in all the circumstances it is reasonable to execute with\nthose works;\n\u201cICT apparatus\u201d includes any ICT apparatus designed or adapted for use in\nconnection with, or as part of, an ICT service or an ICT network and, in\nparticular \u2014\n(a)\nany line, that is to say, any wire, cable, tube, pipe or other similar thing\n(including its casing or coating) which is so designed or adapted; and\n(b) any tower, structure, pole or other thing in, on, by or from which any ICT\napparatus is or may be installed, supported, carried or suspended,\nand references to the installation of ICT apparatus shall be construed\naccordingly;\n\u201cline\u201d shall be construed in accordance with the definition of ICT apparatus;\n\u201cpublic road\u201d has the same meaning as in the Roads Act (2005 Revision);\n\u201cstatutory purposes\u201d means the purposes of establishing and running the\nlicensee\u2019s ICT network or ICT service; and\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 51\n\n\u201cstructure\u201d does not include a building.\n(2) In this Schedule, references to the alteration of any ICT apparatus include\nreference to the moving, removal or replacement of the ICT apparatus.\n(3) In relation to any land which, otherwise than in connection with a road on that\nland, is divided horizontally into different parcels, the references in this\nSchedule to a place over or under the land shall have effect in relation to each\nparcel as not including references to any place in a different parcel.\n2. Agreement required to confer right to execute works etc.\n2.\n(1) The agreement in writing of the occupier for the time being of any land shall be\nrequired for conferring on a licensee a right for the statutory purposes \u2014\n(a)\nto execute any works on that land for or in connection with the provision\nmaintenance, adjustment, repair or alteration of ICT apparatus;\n(b) to keep ICT apparatus installed on, under or over that land; or\n(c)\nto enter that land to inspect any ICT apparatus kept installed (whether on,\nunder or over that land or elsewhere) for the purposes of the licensee\u2019s ICT\nservice or ICT network.\n(2) A person who is the owner of the freehold estate in any land or is a lessee of any\nland shall not be bound by a right conferred in accordance with subparagraph (1) by the occupier of that land unless \u2014\n(a)\nthat person conferred the right themselves as occupier of the land;\n(b) that person has agreed in writing to be bound by the right;\n(c)\nthat person is for the time being treated under subparagraph (3) as having\nso agreed; or\n(d) that person is bound by the right by virtue of subparagraph (4).\n(3) If a right falling within subparagraph (1) has been conferred by the occupier of\nany land for purposes connected with the provision to the occupier from time to\ntime of that land of any ICT service or ICT network and \u2014\n(a)\nthe person conferring the right is also the owner of the freehold estate in\nthat land or is a lessee of the land under a lease for a term of a year or more;\nor\n(b) in a case not falling within paragraph (a), a person owning the freehold\nestate in the land or a lessee of the land under a lease for a term of a year\nor more has agreed in writing that that person\u2019s interest in the land should\nbe bound by the right,\nthen, subject to paragraph 4, that right shall (as well as binding the person who\nconferred it) have effect, at any time when the person who conferred it or a\nperson bound by it under subparagraph (2)(b) or (4) is the occupier of the land,\nas if every person for the time being owning an interest in that land had agreed\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 52\nRevised as at 31st December, 2025\nc\n\nin writing to the right being conferred for the said purposes and, subject to its\nbeing exercised solely for those purposes, to be bound by it.\n(4) In any case where a person owning an interest in land agrees in writing (whether\nwhen agreeing to the right as occupier or for the purposes of subparagraph (3)(b) or otherwise) that that person\u2019s interest should be bound by a\nright falling within subparagraph (1), that right shall (except in so far as the\ncontrary intention appears) bind the owner from time to time of that interest and\nalso \u2014\n(a)\nthe owner from time to time of any other interest in the land, being an\ninterest created after the right is conferred and not having priority over the\ninterest to which the agreement relates; and\n(b) any other person who is at any time in occupation of the land and whose\nright to occupation of the land derives (by contract or otherwise) from a\nperson who at the time the right to occupation was granted was bound by\nvirtue of this subparagraph.\n(5) A right falling within subparagraph (1) shall not be exercisable except in\naccordance with the terms (whether as to payment or otherwise) subject to\nwhich it is conferred and, accordingly, every person for the time being bound\nby such a right shall have the benefit of those terms.\n(6) A variation of a right falling within subparagraph (1) or of the terms on which\nsuch a right is exercisable shall be capable of binding persons who are not parties\nto the variation in the same way as, under subparagraphs (2), (3) and (4), such a\nright is capable of binding persons who are not parties to the conferring of the\nright.\n(7) A right falling within subparagraph (1) is not subject to the provisions of any\nenactment requiring the registration of interests in, charges on or other\nobligations affecting land.\n(8) In this paragraph and paragraphs 3 and 4 \u2014\n(a)\nreferences to the occupier of any land shall have effect in relation to \u2014\n(i)\na public road as references to the Minister responsible for the time\nbeing for roads;\n(ii) a private road as references to the owner of the land over which the\nprivate road runs; and\n(iii) in relation to any land (not being a road) which is unoccupied, as\nreferences to the person, if any, who for the time being exercises\npowers of management or control over the land or, if there is no such\nperson, to every person whose interest in the land would be\nprejudicially affected by the exercise of the right in question; and\n(b) \u201clease\u201d includes any strata lot or leasehold tenancy (whether in the nature\nof a head lease, sub-lease or underlease) and any agreement to grant such\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 53\n\na tenancy but not a mortgage by demise or sub-demise and \u201clessee\u201d shall\nbe construed accordingly.\n(9) Subject to paragraphs 9(2) and 11(2), this paragraph shall not require any person to\ngive that person\u2019s agreement to the exercise of any right conferred by any of\nparagraphs 9 to 12.\n3. Agreement required for obstructing access etc.\n3.\n(1) A right conferred in accordance with paragraph 2 or by paragraph 9, 10 or 11 to\nexecute any works on any land, to keep ICT apparatus installed on, under or\nover any land or to enter any land shall not be exercisable so as to interfere with\nor obstruct any means of entering or leaving any other land unless the occupier\nfor the time being of the other land conferred, or is otherwise bound by, a right\nto interfere with or obstruct that means of entering or leaving the other land.\n(2) The agreement in writing of the occupier for the time being of the other land\nshall be required for conferring any right for the purposes of subparagraph (1)\non the licensee.\n(3) The references in subparagraph (1) to a means of entering or leaving any land\ninclude references to any means of entering or leaving the land provided for use\nin emergencies.\n(4) Subparagraphs (2) to (7) of paragraph 2, except subparagraph (3), shall apply\n(subject to the following provisions of this Schedule) in relation to a right falling\nwithin subparagraph (1) as they apply in relation to a right falling within\nparagraph 2(1).\n(5) Nothing in this paragraph shall require the person who is the occupier of, or\nowns any interest in, any land which is a road, or to which paragraph 11 applies,\nto agree to the exercise of any right on any other land.\n4. Effect of rights and compensation\n4.\n(1) Anything done by the licensee in exercise of a right conferred in relation to any\nland in accordance with paragraph 2 or 3 shall be deemed to be done in exercise of a\nstatutory power except as against \u2014\n(a)\na person who, being the owner of the freehold estate in that land or a lessee\nof the land, is not for the time being bound by the right; or\n(b) a person having the benefit of any covenant or agreement which has been\nentered into as respects the land under any enactment and which, by virtue\nof that enactment, binds or will bind persons deriving title or otherwise\nclaiming under the covenant or a person who was a party to the agreement.\n(2) Where a right has been conferred in relation to any land in accordance with\nparagraph 2 or 3 and anything has been done in exercise of that right, any person\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 54\nRevised as at 31st December, 2025\nc\n\nwho, being the occupier of the land, the owner of the freehold estate in the land\nor a lessee of the land, is not for the time being bound by the right shall have the\nright to require the licensee to restore the land to its condition before that thing\nwas done.\n(3) Any duty imposed by virtue of subparagraph (2) shall, to the extent that its\nperformance involves the removal of any ICT apparatus from any land, be\nenforceable only in accordance with paragraph 18.\n(4) Where \u2014\n(a)\non a right in relation to any land being conferred or varied in accordance\nwith paragraph 2, there is a depreciation in the value of any relevant\ninterest in the land; and\n(b) that depreciation is attributable to the fact that paragraph 18 will apply to\nthe removal from the land, when the owner for the time being of that\ninterest becomes the occupier of the land, of any ICT apparatus installed\nin pursuance of that right,\nthe licensee shall pay compensation to the person who, at the time the right is\nconferred or, as the case may be, varied, is the owner of the relevant interest;\nand the amount of that compensation shall be equal (subject to\nsubparagraph (9)) to the amount of the depreciation.\n(5) In subparagraph (4) \u2014\n\u201crelevant interest\u201d, in relation to land subject to a right conferred or varied in\naccordance with paragraph 2, means any interest in respect of which the\nfollowing two conditions are satisfied at the time the right is conferred or varied,\nnamely \u2014\n(a)\nthe owner of the interest is not the occupier of the land but may become\nthe occupier of the land by virtue of that interest; and\n(b) the owner of the interest becomes bound by the right or variation by virtue\nonly of paragraph 2(3).\n(6) Any question as to a person\u2019s entitlement to compensation under subparagraph (4), or as to the amount of any compensation under that subparagraph\nshall, in default of agreement, be referred to and determined in accordance with\nthe Arbitration Act, 2012 [Law 3 of 2012].\n(7) A claim to compensation under subparagraph (4) shall be made by giving the\nlicensee notice of the claim and specifying in that notice particulars of \u2014\n(a)\nthe land in respect of which the claim is made;\n(b) the claimant\u2019s interest in the land and, so far as known to the claimant, any\nother interests in the land;\n(c)\nthe right or variation in respect of which the claim is made; and\n(d) the amount of the compensation claimed,\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 55\n\nand such a claim shall be capable of being made at any time before the claimant\nbecomes the occupier of the land in question, or at any time in a period of three\nyears beginning with that time.\n(8) Without prejudice to the powers of the arbitrator or umpire in respect of the\ncosts of any proceedings before that person under the Arbitration Act, 2012\n[Law 3 of 2012] by virtue of this paragraph, where compensation is payable\nunder sub-paragraph (4) there shall also be payable, by the licensee to the\nclaimant, any reasonable valuation or legal expenses incurred by the claimant\nfor the purposes of the preparation and prosecution of that claimant\u2019s claim for\nthat compensation.\n5. Power to dispense with the need for required agreement\n5.\n(1) Where the licensee requires any person to agree for the purposes of paragraph 2\nor 3 that any right should be conferred on the licensee, or that any right should\nbind that person or any interest in land, the licensee may give a notice to that\nperson of the right and of the agreement that that licensee requires.\n(2) Where a period of twenty-eight days beginning with the giving of a notice under\nsubparagraph (1) has expired without the giving of the required agreement, the\nlicensee may apply to the Court for an order conferring the proposed right, or\nproviding for it to bind any person or any interest in land, and (in either case)\ndispensing with the need for the agreement of the person to whom the notice\nwas given.\n(3) The Court shall make an order under this paragraph if, but only if, it is satisfied\nthat any prejudice caused by the order \u2014\n(a)\nis capable of being adequately compensated for by money; or\n(b) is outweighed by the benefit accruing from the order to the persons whose\naccess to an ICT service or an ICT network will be secured by the order,\nand in determining the extent of the prejudice, and the weight of that benefit,\nthe Court shall have regard to all the circumstances and to the principle that no\nperson should unreasonably be denied access to an ICT service or an ICT\nnetwork.\n(4) An order under this paragraph made in respect of a proposed right may, in\nconferring that right or providing for it to bind any person or any interest in land\nand in dispensing with the need for any person\u2019s agreement, direct that the right\nshall have effect with such modifications, be exercisable on such terms and be\nsubject to such conditions as may be specified in the order.\n(5) The terms and conditions specified by virtue of subparagraph (4) in an order\nunder this paragraph shall include such terms and conditions as appear to the\nCourt appropriate for ensuring that the least possible loss and damage is caused\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 56\nRevised as at 31st December, 2025\nc\n\nby the exercise of the right in respect of which the order is made to persons who\noccupy, own interests in or are, from time to time, on the land in question.\n (6)      (a)\nIn any proceedings under this paragraph the Magistrate may, if that\nMagistrate thinks fit, on the application of either party, summon to that\nMagistrate\u2019s assistance one or more independent persons of skill and\nexperience in the matter to which the proceedings relate who may be\nwilling to sit with the Magistrate and act as that Magistrate\u2019s assessors;\n(b) the remuneration of assessors for sitting under this paragraph shall be at\nsuch rate as may be prescribed by regulations and shall be costs in the\nproceedings unless ordered otherwise by the Magistrate;\n(c)\nan assessor may, if so directed by the Magistrate, inspect the land to which\nthe proceedings relate without the Magistrate and report on the land to the\nMagistrate in writing; and\n(d) the Magistrate may take the report into account in determining whether to\nmake an order under this paragraph and what order to make.\n(7) Where an order under this paragraph, for the purpose of conferring any right or\nmaking provision for a right to bind any person or any interest in land, dispenses\nwith the need for the agreement of any person, the order shall have the same\neffect and incidents as the agreement of the person the need for whose\nagreement is dispersed with and accordingly (without prejudice to the\nforegoing) shall be capable of variation or release by a subsequent agreement.\n6. Acquisition of rights in respect of ICT apparatus already installed\n6.\n(1) The following provisions of this paragraph apply where the licensee gives notice\nunder paragraph 5(1) to any person and \u2014\n(a)\nthat notice requires that person\u2019s agreement in respect of a right which is\nto be exercisable (in whole or in part) in relation to ICT apparatus already\nkept installed on, under or over the land in question; and\n(b) that person is entitled to require the removal of that ICT apparatus but, by\nvirtue of paragraph 18, is not entitled to enforce its removal.\n(2) The Court may, on the application of the licensee, confer on the licensee such\ntemporary rights as appear to the Court reasonably necessary for securing that,\npending the determination of any proceedings under paragraph 5 or 18, the\nlicensee\u2019s ICT service or ICT network is maintained and the ICT apparatus\nproperly adjusted and kept in repair.\n(3) In any case where it is shown that a person with an interest in the land was\nentitled to require the removal of the ICT apparatus immediately after it was\ninstalled, the Court shall, in determining for the purposes of paragraph 5\nwhether the ICT apparatus should continue to be kept installed on, under or over\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 57\n\nthe land, disregard the fact that the ICT apparatus has already been installed\nthere.\n7. Court to fix financial terms where agreement dispensed with\n7.\n(1) The terms and conditions specified by virtue of paragraph 5(4) in an order under\nthat paragraph dispensing with the need for a person\u2019s agreement, shall\ninclude \u2014\n(a)\nsuch terms with respect to the payment of consideration in respect of the\ngiving of the agreement, or the exercise of the rights to which the order\nrelates, as it appears to the Court would have been fair and reasonable if\nthe agreement had been given willingly and subject to the other provisions\nof the order; and\n(b) such terms as appear to the Court appropriate for ensuring that that person\nand persons from time to time bound by virtue of paragraph 2(4) by the\nrights to which the order relates are adequately compensated (whether by\nthe payment of such consideration or otherwise) for any loss or damage\nsustained by them in consequence of the exercise of those rights.\n(2) In determining what terms should be specified in an order under paragraph 5 for\nrequiring an amount to be paid to any person in respect of \u2014\n(a)\nthe provisions of that order conferring any right or providing for any right\nto bind any person or any interest in land; or\n(b) the exercise of any right to which the order relates,\nthe Court shall take into account the prejudicial effect, if any, of the order or, as\nthe case may be, of the exercise of the right on that person\u2019s enjoyment of, or\non any interest of that person in, land other than the land in relation to which the\nright is conferred.\n(3) In determining what terms should be specified in an order under paragraph 5 for\nrequiring an amount to be paid to any person, the Court shall, in a case where\nthe order is made in consequence of an application made in connection with\nproceedings under paragraph 18, take into account, to such extent as it thinks\nfit, any period during which that person \u2014\n(a)\nwas entitled to require the removal of any ICT apparatus from the land in\nquestion; but\n(b) by virtue of paragraph 18, was not entitled to enforce its removal, but\nwhere the Court takes any such period into account, it may also take into\naccount any compensation paid under paragraph 4(4).\n(4) The terms specified by virtue of subparagraph (1) in an order under paragraph 5\nmay provide \u2014\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 58\nRevised as at 31st December, 2025\nc\n\n(a)\nfor the making of payments from time to time to such persons as may be\ndetermined under those terms; and\n(b) for questions arising in consequence of those terms (whether as to the\namount of any loss or damage caused by the exercise of a right or\notherwise) to be referred to arbitration or to be determined in such other\nmanner as may be specified in the order.\n(5) The Court may, if it thinks fit \u2014\n(a)\nwhere the amount of any sum required to be paid by virtue of terms\nspecified in an order under paragraph 5 has been determined, require the\nwhole or any part of any such sum to be paid into Court; and\n(b) pending the determination of the amount of any such sum, order the\npayment into Court of such amount on account as the Court thinks fit.\n(6) Where terms specified in an order under paragraph 5 require the payment of any\nsum to a person who cannot be found or ascertained, that sum shall be paid into\nCourt.\n8. Notices and applications by potential subscribers\n8.\n(1) Where \u2014\n(a)\nit is reasonably necessary for the agreement of any person to the conferring\nof any right, or to any rights binding any person or any interest in land, to\nbe obtained by the licensee before another person (\u201cthe potential\nsubscriber\u201d) may be afforded access to the licensee\u2019s ICT service or ICT\nnetwork; and\n(b) the licensee has not given a notice or (if that licensee has given a notice)\nhas not made an application in respect of that right under paragraph 5,\nthe potential subscriber may, at any time, give a notice to the licensee requiring\nthat licensee to give a notice or make an application under paragraph 5 in respect\nof that right.\n(2) At any time after notice has been given to the licensee under sub-paragraph (1),\nthe licensee may apply to the Court to have the notice set aside on the ground\nthat the conditions mentioned in that subparagraph are not satisfied on the\nground that, even if the agreement were obtained, the licensee would not afford\nthe potential subscriber access to the licensee\u2019s ICT service or ICT network and\ncould not be required to afford that potential subscriber access to that system.\n(3) Subject to any order of the Court made in or pending any proceedings under\nsubparagraph (2), if at any time after the expiration of a period of twenty-eight\ndays beginning with the giving to the licensee of a notice under subparagraph (1), the licensee has not complied with the notice, the potential\nsubscriber may themselves, on the licensee\u2019s behalf, give the required notice\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 59\n\nand (if necessary) make an application under paragraph 5 or make the required\napplication.\n(4) The Court may, on an application made by virtue of subparagraph (3), give such\ndirections as it thinks fit \u2014\n(a)\nwith respect to the separate participation of the licensee in the proceedings\nto which the application gives rise; and\n(b) requiring the licensee to provide information to the Court.\n(5) A covenant, condition or agreement which would have the effect of preventing\nor restricting the taking by any person as a potential subscriber of any step under\nthis paragraph shall be void to the extent that it would have that effect.\n(6) Nothing in this paragraph shall be construed as requiring the licensee to\nreimburse the potential subscriber for any costs incurred by the potential\nsubscriber in or in connection with the taking of any step under this paragraph\non the licensee\u2019s behalf.\n9. Road works\n9.\n(1) The licensee shall, for the statutory purposes, have the right to do any of the\nfollowing things \u2014\n(a)\ninstall ICT apparatus, or keep ICT apparatus installed, under, over, in, on,\nalong or across a road;\n(b) inspect, maintain, adjust, repair or alter any ICT apparatus so installed; and\n(c)\nexecute any works requisite for or incidental to the purposes of any works\nfalling within paragraph (a) or (b), including for those purposes the\nfollowing kinds of works, that is to say \u2014\n(i)\nbreaking up or opening a road;\n(ii) tunnelling or boring under a road; and\n(iii) breaking up or opening a sewer, drain or tunnel.\n(2) The following provisions of this Schedule, and the rights conferred by this\nparagraph shall not be exercisable in a road which is not a public road without\neither the agreement required by paragraph 2 or an order of the Court under\nparagraph 5 dispensing with the need for that agreement.\nPower to install fly lines\n10. (1) Subject to paragraph 3 and the following provisions of this Schedule, where any\nICT apparatus is kept installed on or over any land for the purposes of the\nlicensee\u2019s ICT service or ICT network, the licensee shall, for the statutory\npurposes, have the right to install and keep installed lines which \u2014\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 60\nRevised as at 31st December, 2025\nc\n\n(a)\npass over other land adjacent to or in the vicinity of the land on or over\nwhich that ICT apparatus is so kept;\n(b) are connected to that ICT apparatus; and\n(c)\nare not, at any point in the course of passing over the other land, less than\nthree metres above the ground or within two metres of any building over\nwhich they pass.\n(2) Nothing in subparagraph (1) shall authorise the installation or keeping on or\nover any land of \u2014\n(a)\nany ICT apparatus used to support, carry or suspend a line installed in\npursuance of that subparagraph; or\n(b) any line which by reason of its position interferes with the carrying on of\nany business carried on that land.\n(3) In this paragraph \u2014\n\u201cbusiness\u201d includes a trade, profession or employment and includes any activity\ncarried on by a body of persons, whether corporate or unincorporate.\n10. Tidal waters, etc.\n11.   (1)\nSubject to paragraph 3 and the following provisions of this Schedule, the\nlicensee shall have the right for the statutory purposes \u2014\n(a)\nto execute any works (including placing any buoy or seamark) on any tidal\nwater or lands for or in connection with the installation, maintenance,\nadjustment, repair or alteration of ICT apparatus;\n(b) to keep ICT apparatus installed on, under or over tidal water or lands; and\n(c)\nto enter any tidal water or lands to inspect any ICT apparatus so installed.\n(2) A right conferred by this paragraph shall not be exercised in relation to any land\nin which a Crown interest, within the meaning of paragraph 22, subsists unless\nagreement to the exercise of the right in relation to that land has been given, in\naccordance with subparagraph (3) of that paragraph, in respect of that interest.\n(3) Before executing any works in exercise of a right conferred by this paragraph,\nthe licensee shall submit a plan of the proposed works to the Minister for the\nMinister\u2019s approval.\n(4) Subparagraph (3) shall not apply to the execution of any emergency works, but,\nas soon as practicable after commencing any emergency works on any tidal\nwater or lands, the licensee shall submit a plan of those works to the Minister\nfor the Minister\u2019s approval.\n(5) As soon as reasonably practicable after a plan is submitted to the Minister under\nsubparagraph (3) or (4), the Minister shall, after consulting such authorities\nexercising functions in relation to the tidal water or lands in question as it\nappears to the Minister appropriate to consult, consider whether to approve it,\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 61\n\nand, if the Minister does approve it, the Minister may do so subject to such\nmodifications and conditions and on such terms as the Minister thinks fit.\n(6) The Minister shall not approve a plan submitted under sub-paragraph (3) or (4)\nunless the Minister is satisfied that adequate arrangements have been made for\ncompensating any persons appearing to the Minister to be owners of interests in\nthe tidal water or lands in question for any loss or damage sustained by those\npersons in consequence of the execution of the works to which the plan relates.\n(7) If \u2014\n(a)\nthe licensee executes any works in exercise of a right conferred by this\nparagraph; but\n(b) those works are executed otherwise than in accordance with a plan\napproved by the Minister (including, in the case of emergency works,\nwhere works already commenced are not approved) or a condition on\nwhich any approval of the Minister is given or has been contravened,\nthe Minister may, by notice, require the licensee to execute such remedial works\nas the Minister thinks appropriate having regard to the terms and conditions of\nany approval that the Minister has given and, if those works are not executed in\naccordance with the notice, may execute them at the licensee\u2019s expense.\n(8) Where, as the result \u2014\n(a)\nof the failure of the licensee reasonably to maintain any ICT apparatus kept\ninstalled for the purposes of the licensee\u2019s ICT service or ICT network on,\nunder or over any tidal water or lands; or\n(b) of the abandonment by the licensee of any such ICT apparatus,\nit appears to the Minister that any remedial works should be executed, the\nMinister may, by notice, require the licensee to execute those works and, if those\nworks are not executed in accordance with the notice, may execute them\nthemselves at the licensee\u2019s expense.\n(9) The Minister shall have power for the purposes of exercising that Minister\u2019s\nfunctions under this paragraph, and of determining whether to exercise those\nfunctions, to cause a survey or examination to be carried out, at the licensee\u2019s\nexpense, of any works or ICT apparatus or of the site or proposed site of any\nworks or ICT apparatus.\n(10) Where the Minister is authorised by this paragraph to do any thing at the\nlicensee\u2019s expense, the expenses incurred by the Minister in or in connection\nwith the doing of that thing shall be recoverable by the Minister from the\nlicensee in the Court.\n(11) In this paragraph \u2014\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 62\nRevised as at 31st December, 2025\nc\n\n\u201cremedial works\u201d includes any works of repair or restoration, the alteration of\nany ICT apparatus and any works to restore the site of any ICT apparatus to its\noriginal condition; and\n\u201ctidal water or lands\u201d includes any branch of the sea, the shore below mean\nhigh water mark and the bed of any tidal water.\n11. Use of certain conduits\n12. (1) Nothing in the preceding provisions of this Schedule shall authorise the doing\nof anything inside a relevant conduit without the agreement of the person with\ncontrol of that conduit.\n(2) The agreement of the person or authority with control of a public sewer shall be\nsufficient in all cases to confer a right falling within any of the preceding\nprovisions of this Schedule where the right is to be exercised wholly inside that\nsewer.\n(3) In this paragraph \u2014\n\u201cpublic sewer\u201d means a pipe or sewer maintained by an authority or person\nwhose business is the provision of drainage to premises, for the conveyance of\nsewage or trade effluent; and\n\u201crelevant conduit\u201d means \u2014\n(a)\nany conduit which, whether or not it is itself an electric line, is maintained\nby an authority or person whose business is the transmission or supply of\nelectricity for the purpose of surrounding, enclosing or supporting such a\nline, including, where a conduit is connected to a box, chamber or other\nstructure (including a building) maintained for the transmission or supply\nof electricity, that box or chamber; or\n(b) a water main or other conduit maintained by an authority or person whose\nbusiness is the conveyance or supply of water for the purpose of conveying\nwater from one place to another.\n12. Compensation for injurious affection to neighbouring land, etc.\n13. (1) Where a right conferred by or in accordance with any of the preceding\nprovisions of this Schedule is exercised, compensation shall be payable by the\nlicensee under section 11 of the Land Acquisition Act (1995 Revision) as if that\nsection had effect in relation to injury caused by the exercise of such a right as\nit has effect in relation to damage sustained by a person interested in land by\nreason of the acquisition injuriously affecting that person\u2019s other property.\n(2) Subparagraph (1) shall not confer any entitlement to compensation on any\nperson in respect of the exercise of a right conferred in accordance with\nparagraph 2 or 3, if that person conferred the right or is bound by it by virtue of\nparagraph 2(2)(b) or (d), but, save as aforesaid, the entitlement of any person to\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 63\n\ncompensation under this paragraph shall be determined irrespective of that\nperson\u2019s ownership of any interest in the land where the right is exercised.\n(3) Compensation shall not be payable on any claim for compensation under this\nparagraph unless the amount of the compensation exceeds one hundred dollars.\n13. Objections to overhead ICT apparatus\n14. (1) This paragraph applies where the licensee has completed the installation for the\npurposes of the licensee\u2019s ICT service or ICT network of any ICT apparatus, the\nwhole or part of which is at a height of three feet or more above the ground.\n(2) At any time before the expiration of a period of three months beginning with the\ncompletion of the installation of the ICT apparatus, a person who is the occupier\nof or owns an interest in \u2014\n(a)\nany land over or on which the ICT apparatus has been installed; or\n(b) any land the enjoyment of which, or any interest in which, is, because of\nthe nearness of the land to the land on or over which the ICT apparatus has\nbeen installed, capable of being prejudiced by the ICT apparatus,\nmay give the licensee notice of objection in respect of that ICT apparatus.\n(3) No notice of objection may be given in respect of any ICT apparatus if the ICT\napparatus \u2014\n(a)\nreplaces any ICT apparatus which is not substantially different from the\nnew ICT apparatus; and\n(b) is not in a significantly different position.\n(4) Where a person has both given a notice under this paragraph and applied for\ncompensation under any of the preceding provisions of this Schedule, the\nCourt \u2014\n(a)\nmay give such directions as it thinks fit for ensuring that no compensation\nis paid until any proceedings under this paragraph have been disposed of;\nand\n(b) if the Court makes an order under this paragraph, may provide in that order\nfor some or all of the compensation otherwise payable under this Schedule\nto that person not to be so payable, or, if the case so requires, for some or\nall of any compensation paid under this Schedule to that person to be\nrepaid to the licensee.\n(5) At any time after the expiration of a period of two months beginning with the\ngiving of a notice of objection but before the expiration of a period of four\nmonths beginning with the giving of that notice, the person who gave the notice\nmay apply to the Court to have the objection upheld.\n(6) Subject to subparagraph (7), the Court shall uphold the objection if the ICT\napparatus appears materially to prejudice the applicant\u2019s enjoyment of, or\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 64\nRevised as at 31st December, 2025\nc\n\ninterest in, the land in right of which the objection is made and the Court is not\nsatisfied that the only possible alterations of the ICT apparatus will \u2014\n(a)\nsubstantially increase the cost or diminish the quality of the service\nprovided by the licensee\u2019s ICT network or ICT service to persons who\nhave, or may in future have, access to it;\n(b) involve the licensee in substantial additional expenditure (disregarding any\nexpenditure occasioned solely by the fact that any proposed alteration was\nnot adopted originally or, as the case may be, that the ICT apparatus has\nbeen unnecessarily installed); or\n(c)\ngive to any person a case at least as good as the applicant has to have an\nobjection under this paragraph upheld.\n(7) The Court shall not uphold the objection if the applicant is bound by a right of\nthe licensee falling within paragraph 2 or 3(1) to install the ICT apparatus, and\nit appears to the Court unreasonable, having regard to the fact that the applicant\nis so bound and the circumstances in which that applicant became so bound, for\nthe applicant to have given notice of objection.\n(8) In considering the matters specified in subparagraph (6), the Court shall have\nregard to all the circumstances and to the principle that no person should\nunreasonably be denied access to an ICT service or to an ICT network.\n(9) If it upholds an objection under this paragraph, the Court may, by order \u2014\n(a)\ndirect the alteration of the ICT apparatus to which the objection relates;\n(b) authorise the installation (instead of the ICT apparatus to which the\nobjection relates),in a manner and position specified in the order, of any\nICT apparatus so specified; or\n(c)\ndirect that no objection may be made under this paragraph in respect of\nany ICT apparatus the installation of which is authorised by the Court.\n(10) The Court shall not make any order under this paragraph directing the alteration\nof any ICT apparatus or authorising the installation of any ICT apparatus unless\nit is satisfied either \u2014\n(a)\nthat the licensee has all such rights as it appears to the Court appropriate\nthat the licensee should have for the purpose of making the alteration or,\nas the case may be, installing the ICT apparatus; or\n(b) that \u2014\n(i)\nthat person would have all those rights if the Court, on an application\nunder paragraph 5, dispensed with the need for the agreement of any\nperson; and\n(ii) it would be appropriate for the Court, on such an application, to\ndispense with the need for that agreement,\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 65\n\nand, accordingly, for the purposes of dispensing with the need for the agreement\nof any person to the alteration or installation of any ICT apparatus, the Court\nshall have the same powers as it would have if an application had been duly\nmade under paragraph 5 for an order dispensing with the need for that person\u2019s\nagreement.\n(11) For the purposes of subparagraphs (6)(c) and (10), the Court shall have power,\non an application under this paragraph, to give the applicant directions for\nbringing the application to the notice of such other interested persons as it thinks\nfit.\n14. Obligation to affix notices to overhead ICT apparatus\n15. (1) Where the licensee has, for the purposes of the licensee\u2019s ICT service or ICT\nnetwork, installed any ICT apparatus the whole or part of which is at a height of\nthree feet or more above the ground, the licensee shall, before the expiration of\na period of three days beginning with the completion of the installation, in a\nsecure and durable manner affix a notice \u2014\n(a)\nto every major item of ICT apparatus installed; or\n(b) if no major item of ICT apparatus is installed, to the nearest major item of\nICT apparatus to which the ICT apparatus that is installed is directly or\nindirectly connected.\n(2) A notice affixed under subparagraph (1) shall be affixed in a position where it\nis reasonably legible and shall give the name of the licensee and an address in\nthe Islands at which any notice of objection may be given under paragraph 14\nin respect of the ICT apparatus in question, and any person giving such a notice\nat that address in respect of that ICT apparatus shall be deemed to have been\nfurnished with that address for the purposes of paragraph 21(4)(a).\n(3) If the licensee contravenes the requirements of this paragraph the licensee\ncommits an offence and is liable on summary conviction to a fine of two\nthousand dollars.\n(4) In any proceedings for an offence under this paragraph it shall be a defence for\nthe person charged to prove that that person took all reasonable steps and\nexercised all due diligence to avoid committing the offence.\n15. Tree lopping\n16. (1) Where any tree overhangs any road and, in doing so, either \u2014\n(a)\nobstructs or interferes with the working of any ICT apparatus used for the\npurposes of the licensee\u2019s ICT service or ICT network ; or\n(b) will obstruct or interfere with the working of any ICT apparatus which is\nabout to be installed for those purposes,\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 66\nRevised as at 31st December, 2025\nc\n\nthe licensee may, by notice to the occupier of the land on which the tree is\ngrowing, require the tree to be lopped so as to prevent the obstruction or\ninterference.\n(2) If, within a period of twenty-eight days beginning with the giving of the notice\nby the licensee, the occupier of the land on which the tree is growing gives the\nlicensee a counter-notice objecting to the lopping of the tree, the notice shall\nhave effect only if confirmed by an order of the Court.\n(3) If, at any time, a notice under subparagraph (1) has not been complied with and\neither \u2014\n(a)\na period of twenty-eight days beginning with the giving of the notice has\nexpired without a counter-notice having been given; or\n(b) an order of the Court confirming the notice has come into force,\nthe licensee may themselves cause the tree to be lopped as mentioned in\nsubparagraph (1).\n(4) Where the licensee lops a tree in exercise of the power conferred by\nsubparagraph (3) that licensee shall do so in a husband-like manner and in such\na way as to cause the minimum damage to the tree.\n(5) Where \u2014\n(a)\na notice under subparagraph (1) is complied with either without a counternotice having been given or after the notice has been confirmed; or\n(b) the licensee exercises the power conferred by subparagraph (3),\nthe Court shall, on an application made by a person who has sustained loss or\ndamage in consequence of the lopping of the tree or who has incurred expenses\nin complying with the notice, order the licensee to pay that person such\ncompensation in respect of the loss, damage or expenses as it thinks fit.\n16. Power to require alteration of ICT apparatus\n17. (1) Where any ICT apparatus is kept installed on, under or over any land for the\npurposes of the licensee\u2019s ICT service or ICT network, any person with an\ninterest in that land or adjacent land may (notwithstanding the terms of any\nagreement binding that person), by notice given to the licensee, require the\nalteration of the ICT apparatus on the ground that the alteration is necessary to\nenable that person to carry out a proposed improvement of the land in which\nthat person has an interest.\n(2) Where a notice is given under subparagraph (1) by any person to the licensee,\nthe licensee shall comply with it unless the licensee gives a counter-notice under\nthis subparagraph within a period of twenty-eight days beginning with the\ngiving of the notice.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 67\n\n(3) Where a counter-notice is given under subparagraph (2) to any person, the\nlicensee shall make the required alteration only if the Court, on an application\nby that person, makes an order requiring the alteration to be made.\n(4) The Court shall make an order under this paragraph for an alteration to be made\nonly if, having regard to all the circumstances and the principle that no person\nshould unreasonably be denied access to a telecommunication system, it is\nsatisfied \u2014\n(a)\nthat the alteration is necessary as mentioned in subparagraph (1); and\n(b) that the alteration will not substantially interfere with any service provided\nby the licensee\u2019s system.\n(5) The Court shall not make an order under this paragraph for the alteration of any\nICT apparatus unless it is satisfied either \u2014\n(a)\nthat the licensee has all such rights as it appears to the Court appropriate\nthat the licensee should have for the purpose of making the alteration; or\n(b) that \u2014\n(i)\nthat person would have all those rights if the Court, on an application\nunder paragraph 5, dispensed with the need for the agreement of any\nperson; and\n(ii) it would be appropriate for the Court, on such an application, to\ndispense with the need for that agreement,\nand, accordingly, for the purposes of dispensing with the need for the agreement\nof any person to the alteration of any ICT apparatus, the Court shall have the\nsame powers as it would have if an application had been duly made under\nparagraph 5 for an order dispensing with the need for that person\u2019s agreement.\n(6) For the purposes of subparagraph (5), the Court shall have power on an\napplication under this paragraph to give the applicant directions for bringing the\napplication to the notice of such other interested persons as it thinks fit.\n(7) An order under this paragraph may provide for the alteration to be carried out\nwith such modifications, on such terms and subject to such conditions as the\nCourt thinks fit, but the Court shall not include any such modifications, terms\nor conditions in its order without the consent of the applicant, and, if such\nconsent is not given, may refuse to make an order under this paragraph.\n(8) An order made under this paragraph on the application of any person shall,\nunless the Court otherwise thinks fit, require that person to reimburse the\nlicensee in respect of any expenses which the licensee incurs in or in connection\nwith the execution of any works in compliance with the order.\n(9) In subparagraph (1) \u2014\n\u201cimprovement\u201d includes development and change of use.\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 68\nRevised as at 31st December, 2025\nc\n\n17. Restriction on right to require the removal of ICT apparatus\n18. (1) Where any person is for the time being entitled to require the removal of any of\nthe licensee\u2019s ICT apparatus from any land (whether under any enactment or\nbecause that ICT apparatus is kept on, under or over that land otherwise than in\npursuance of a right binding that person or for any other reason) that person\nshall not be entitled to enforce the removal of the ICT apparatus except, subject\nto subparagraph (12), in accordance with the following provisions of this\nparagraph.\n(2) The person entitled to require the removal of any of the licensee\u2019s ICT apparatus\nshall give a notice to the licensee requiring the removal of the ICT apparatus.\n(3) Where a person gives a notice under subparagraph (2) and the licensee does not\ngive that person a counter-notice within a period of twenty-eight days beginning\nwith the giving of the notice, that person shall be entitled to enforce the removal\nof the ICT apparatus.\n(4) A counter-notice given under subparagraph (3) to any person by the licensee\nshall \u2014\n(a)\nstate that that person is not entitled to require the removal of the ICT\napparatus; or\n(b) specify the steps which the licensee proposes to take for the purpose of\nsecuring a right against that person to keep the ICT apparatus on the land.\n(5) Those steps may include any steps which the licensee could take for the purpose\nof enabling the licensee, if the ICT apparatus is removed, to re-install the ICT\napparatus, and the fact that by reason of the following provisions of this\nparagraph any proposed re-installation is only hypothetical shall not prevent the\nlicensee from taking those steps or any Court or person from exercising any\nfunction in consequence of those steps having been taken.\n(6) Where a counter-notice is given under subparagraph (3) to any person, that\nperson may only enforce the removal of the ICT apparatus in pursuance of an\norder of the Court, and, where the counter-notice specifies steps which the\nlicensee is proposing to take to secure a right to keep the ICT apparatus on the\nland, the Court shall not make such an order unless it is satisfied \u2014\n(a)\nthat the licensee is not intending to take those steps or is being\nunreasonably dilatory in the taking of those steps; or\n(b) that the taking of those steps has not secured, or will not secure, for the\nlicensee as against that person any right to keep the ICT apparatus installed\non, under or over the land or to re-install it if it is removed.\n(7) Where any person is entitled to enforce the removal of any ICT apparatus under\nthis paragraph (whether by virtue of subparagraph (3) or an order of the Court\nunder subparagraph (6)), that person may, without prejudice to any method\navailable to that person apart from this subparagraph for enforcing the removal\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 69\n\nof that ICT apparatus, apply to the Court for authority to remove it themselves,\nand, on such an application, the Court may, if it thinks fit, give that authority.\n(8) Where any ICT apparatus is removed by any person under an authority given\nby the Court under subparagraph (7), any expenses incurred by that person in or\nin connection with the removal of the ICT apparatus shall be recoverable by that\nperson from the licensee in the Court; and in so giving an authority to any person\nthe Court may also authorise that person, in accordance with the directions of\nthe Court, to sell any ICT apparatus removed under the authority and to retain\nthe whole or a part of the proceeds of sale on account of those expenses.\n(9) Any ICT apparatus kept installed on, under or over any land shall (except for\nthe purposes of this paragraph and without prejudice to paragraphs 6(3) and\n7(3)) be deemed, as against any person who was at any time entitled to require\nthe removal of the ICT apparatus, but by virtue of this paragraph not entitled to\nenforce its removal, to have been lawfully so kept at that time.\n(10) Where this paragraph applies in relation to ICT apparatus the alteration of which\nsome person (\u201cthe relevant person\u201d) is entitled to require in consequence of\nthe stopping up, closure, change or diversion of any road or the extinguishment\nor alteration of any public right of way \u2014\n(a)\nthe removal of the ICT apparatus shall constitute compliance with a\nrequirement to make any other alteration;\n(b) a counter-notice under subparagraph (3) may state (in addition to, or\ninstead of, any of the matters mentioned in subparagraph (4)) that the\nlicensee requires the relevant person to reimburse the licensee in respect\nof any expenses which the licensee incurs in or in connection with the\nmaking of any alteration in compliance with the requirements of the\nrelevant person;\n(c)\nan order made under this paragraph on an application by the relevant\nperson in respect of a counter-notice containing such a statement shall,\nunless the Court otherwise thinks fit, require the relevant person to\nreimburse the licensee in respect of any expenses which the licensee so\nincurs; and\n(d) subparagraph (8) shall not apply.\n(11) References in this paragraph to the licensee\u2019s ICT apparatus include references\nto ICT apparatus which (whether or not vested in the licensee) is being, is to be\nor has been used for the purposes of the licensee\u2019s ICT service or ICT network.\n(12) A person shall not, under this paragraph, be entitled to enforce the removal of\nany ICT apparatus on the ground only that that that person is entitled to give a\nnotice under paragraph 11, 14 or 17, and this paragraph is without prejudice to\nparagraph 20 and to the power to enforce an order of the Court under the said\nparagraph 11, 14 or 17.\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 70\nRevised as at 31st December, 2025\nc\n\n18. Abandonment of ICT apparatus\n19. Without prejudice to the preceding provisions of this Schedule, where the licensee\nhas a right conferred by or in accordance with this Schedule for the statutory purposes\nto keep ICT apparatus installed on, under or over any land, the licensee is not entitled\nto keep that ICT apparatus so installed if, at a time when the ICT apparatus is not, or\nis no longer, used for the purposes of the licensee\u2019s ICT service or ICT network, there\nis no reasonable likelihood that it will be so used.\n19. Undertaker\u2019s works.\n20. (1) The following provisions of this paragraph apply where a relevant undertaker is\nproposing to execute any undertaker\u2019s works which involve or are likely to\ninvolve a temporary or permanent alteration of any ICT apparatus kept installed\non, under or over any land for the purposes of the licensee\u2019s ICT service or ICT\nnetwork.\n(2) The relevant undertaker shall, not less than ten days before the works are\ncommenced, give the licensee a notice specifying the nature of the undertaker\u2019s\nworks, the alteration or likely alteration involved and the time and place at which\nthe works will be commenced.\n(3) Subparagraph (2) shall not apply in relation to any emergency works of which\nthe relevant undertaker gives the licensee notice as soon as practicable after\ncommencing the works.\n(4) Where a notice has been given under subparagraph (2) by a relevant undertaker\nto the licensee, the licensee may, within a period of ten days beginning with the\ngiving of the notice, give the relevant undertaker a counter-notice which may\nstate either \u2014\n(a)\nthat the licensee intends themselves to make any alteration made necessary\nor expedient by the proposed undertaker\u2019s works; or\n(b) that the licensee requires the undertaker, in making any such alteration, to\ndo so under the supervision and to the satisfaction of the licensee.\n(5) Where a counter-notice given under subparagraph (4) states that the licensee\nintends themselves to make any alteration \u2014\n(a)\nthe licensee shall (subject to subparagraph (7)) have the right, instead of\nthe relevant undertaker, to execute any works for the purpose of making\nthat alteration; and\n(b) any expenses incurred by the licensee in or in connection with the\nexecution of those works and the amount of any loss or damage sustained\nby the licensee in consequence of the alteration shall be recoverable by the\nlicensee from the undertaker in any Court of competent jurisdiction.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 71\n\n(6) Where a counter-notice given under subparagraph (4) states that any alteration\nis to be made under the supervision and to the satisfaction of the licensee \u2014\n(a)\nthe relevant undertaker shall not make the alteration except as required by\nthe notice or under subparagraph (7); and\n(b) any expenses incurred by the licensee in or in connection with the\nprovision of that supervision and the amount of any loss or damage\nsustained by the licensee in consequence of the alteration shall be\nrecoverable by the licensee from the undertaker in any Court of competent\njurisdiction.\n(7) Where \u2014\n(a)\nno counter-notice is given under subparagraph (4); or\n(b) the licensee, having given a counter-notice falling within that\nsubparagraph, fails within a reasonable time to make any alteration made\nnecessary or expedient by the proposed undertaker\u2019s works or, as the case\nmay be, unreasonably fails to, provide the required supervision,\nthe relevant undertaker may themselves execute works for the purpose of\nmaking the alteration or, as the case may be, may execute such works without\nthe supervision of the licensee; but in either case the undertaker shall execute\nthe works to the satisfaction of the licensee.\n(8) If the relevant undertaker or any of that undertaker\u2019s agents \u2014\n(a)\nexecutes any works without the notice required by subparagraph (2)\nhaving been given; or\n(b) unreasonably fails to comply with any reasonable requirement of the\nlicensee under this paragraph,\nhe, subject to subparagraph (9), commits an offence and is liable on summary\nconviction to a fine \u2014\n(i)\nif the licensee\u2019s ICT service or ICT network is interrupted by the\nworks or failure, of five thousand dollars; and\n(ii) if that ICT service or ICT network is not so interrupted, of three\nthousand dollars.\n(9) In this paragraph \u2014\n\u201crelevant undertaker\u201d means \u2014\n(a)\nany person (including a Minister or a department of Government)\nauthorised by any law or by any order or scheme made under or confirmed\nby any law to carry on any water supply, electricity supply, airport, road,\nroad traffic, road transport, dock, harbour, pier or lighthouse undertaking;\n(b) any licensee; and\n(c)\nany person or authority to whom this paragraph is applied by any law\namended by, or under, or passed after this Act; and\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 72\nRevised as at 31st December, 2025\nc\n\n\u201cundertaker\u2019s works\u201d means \u2014\n(a)\nin relation to a relevant undertaker falling within paragraph (a) of the\npreceding definition, any works which that undertaker is authorised to\nexecute for the purposes of, or in connection with, the carrying on by that\nundertaker of the undertaking mentioned in that paragraph; and\n(b) in relation to a relevant undertaker falling within paragraph (b) of that\ndefinition, any works which that undertaker is authorised to execute by or\nin accordance with any provision of this Schedule.\n21. (1) Any notice required to be given by the licensee to any person for the purposes\nof any provision of this Schedule shall be in the prescribed form and such notice\nshall indicate to that person the effect of the notice and shall indicate the steps\nthat may be taken by that person under this Schedule in respect of that notice.\n(2) Any notice required to be given to any person for the purposes of any provision\nof this Schedule may be given to that person either by delivering it to that person\nor by leaving it at that person\u2019s proper address or by post.\n(3) Any notice required to be given under this Schedule may be given to an\nincorporated company or body by giving it to the secretary or clerk of the\ncompany or body.\n(4) For the purposes of this Schedule and in accordance with section 53 of the\nInterpretation Act (1995 Revision), the proper address of any person shall be \u2014\n(a)\nif the person to whom the notice is to be given has furnished the person\ngiving the notice with an address for service under this Schedule, that\naddress;\n(b) in a case not falling within paragraph (a), where the person to whom the\nnotice is to be given is an incorporated company or body, the registered or\nprincipal office of the company or body; and\n(c)\nin any other case, the last known address of the person to whom the notice\nis to be given.\n(5) If it is not practicable, for the purposes of giving any notice under this Schedule,\nafter reasonable inquiries to ascertain the name and address \u2014\n(a)\nof the person who is for the purposes of any provision of this Schedule the\noccupier of any land; or\n(b) of the owner of any interest in any land,\na notice may be given under this Schedule by addressing it to a person by the\ndescription of \u201coccupier\u201d of the land (describing it) or, as the case may be,\n\u201cowner\u201d of the interest (describing both the interest and the land) and by\ndelivering it to some person on the land or, if there is no person on the land to\nwhom it can be delivered, by affixing it, or a copy of it, to some conspicuous\nobject on the land.\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nSCHEDULE 2\n\nc\nRevised as at 31st December, 2025\nPage 73\n\n20, Application to the Crown\n22. (1) This Schedule shall apply in relation to land in which there subsists, or at any\nmaterial time subsisted, a Crown interest as it applies in relation to land in which\nno such interest subsists.\n(2) In this paragraph \u2014\n\u201cCrown interest\u201d means an interest which is held in accordance with section 2\nor 3 of the Governor (Vesting of Lands) Act (2005 Revision).\n(3) An agreement required by this Schedule to be given in respect of any Crown\ninterest subsisting in any land shall be given by the Cabinet.\n21. Savings for and exclusion of certain remedies etc.\n23. (1) This Schedule shall not authorise the contravention of any provision made by or\nunder any enactment passed before this Act.\n(2) The provisions of this Schedule, except paragraphs 8(5) and 18 and\nsubparagraph (1), shall be without prejudice to any rights or liabilities arising\nunder any agreement to which the licensee is a party.\n(3) Except as provided under the preceding provisions of this Schedule, a licensee\nshall not be liable to compensate any person for, or be subject to any other\nliability in respect of, any loss or damage caused by the lawful exercise of any\nright conferred by or in accordance with this Schedule.\n(4) The ownership of any property shall not be affected by the fact that it is installed\non or under, or affixed to, any land by any person in exercise of a right conferred\nby or in accordance with this Schedule.\n22. Application of schedule to existing systems\n24. (1) Subject to the following provisions of this paragraph, reference in this schedule\nto ICT apparatus installed on, under or over any land include references to ICT\napparatus so installed before the 17th May, 2002.\n(2) Without prejudice to subparagraph (1), any line or other ICT apparatus lawfully\ninstalled before the 17th May, 2002 which if this Schedule had been in force\ncould have been installed under paragraph 12 shall (subject to subparagraph (6))\nbe treated for the purposes of this Schedule as if it had been so installed.\n(3) Any consent given (or deemed to have been given) for the purposes of any\nprovision of the repealed Telephone Law (1997 Revision) before the 17th May,\n2002 shall \u2014\n(a)\nhave effect after the 17th May, 2002 as an agreement given for the\npurposes of this Schedule; and\n\nSCHEDULE 2\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 74\nRevised as at 31st December, 2025\nc\n\n(b) so have effect, to any extent that is necessary for ensuring that the same\npersons are bound under this Schedule as were bound by the consent, as if\nit were an agreement to confer a right or, as the case may require, to bind\nany interest in land of the person who gave (or is deemed to have given)\nthe consent.\n(4) Where, under subparagraph (3), any person is bound by any right, that right shall\nnot be exercisable except on the same terms and subject to the same conditions\nas the right which, by virtue of the giving of the consent, was exercisable before\nthe 17th May, 2002; and where, under the repealed Broadcasting Law (1997\nRevision), the repealed Radio Law (1996 Revision) or the repealed Telephone\nLaw (1997 Revision), those terms or conditions included a requirement for the\npayment of compensation or required the determination of any matter by any\nCourt or person, the amount of the compensation or, as the case may be, that\nmatter shall be determined after the 17th May, 2002 in like manner as if this Act\nhad not been passed.\n(5) A person shall not be entitled to compensation under any provision of this\nSchedule if that person is entitled to compensation in respect of the same matter\nby virtue of subparagraph (4).\n(6) Neither this Schedule nor the repeal of the Telephone Law (1997 Revision) shall\nprejudice any rights or liabilities which arise at any time under any agreement\nwhich was entered into before the 17th May, 2002 and relates to the installation,\nmaintenance, adjustment, repair, alteration or inspection of any ICT apparatus\nor to keeping any such ICT apparatus installed on, under or over any land.\nPublication in consolidated and revised form authorised by the Cabinet this 28th\nday of January, 2026.\nKim Bullings\nClerk of Cabinet\n\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nENDNOTES\n\nc\nRevised as at 31st December, 2025\nPage 75\n\nENDNOTES\nTable of Legislation history:\nSL #\nAct\/Law #\nLegislation\nCommencement\nGazette\n\n15\/2025\nInformation and Communications Technology (Amendment\nand Validation) Act, 2025\n13-Dec-2025\nLG51\/2025\/s1\n\n23\/2024\nInformation and Communications Technology (Validation)\nAct, 2024\n19-Dec-2024 LG47\/2024\/s14\n\n56\/2020\nCitation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\nInformation and Communications Technology Authority Law\n(2019 Revision)\n19-Feb-2019\nLG2\/2019\/s1\n\n6\/2018\nInformation and Communications Technology (Amendment)\nLaw, 2018\n13-Aug-18\nG17\/2018\/s5\n\nInformation and Communications Technology Authority Law\n(2017 Revision)\n31-May-17 GE45\/2017\/s17\n\n50\/2016\nInformation and Communication Technology Authority\n(Amendment) (No. 2) Law, 2016\n19-Dec-16\nG26\/2016\/s4\n\nInformation and Communications Technology Authority Law\n(2016 Revision)\n2-Sep-16 GE69\/2016\/s12\n\nInformation and Communications Technology Authority Law\n(2011 Revision) (Commencement of sections 59 to 64), Order,\n2016\n8-Jul-16\nGE52\/2016\/s2\n\n15\/2016\nInformation and Communication Technology Authority\n(Amendment) Law, 2016\n20-Jun-16\nG13\/2016\/s5\n\nInformation and Communications Technology Authority Law\n(2011 Revision)\n7-Nov-11\nG23\/2011\/s4\n\n13\/2011\nInformation and Communications Technology Authority\n(Amendment)  Law, 2011\n9-May-11\nG10\/2011\/s1\n\nInformation and Communications Technology Authority Law\n(2010 Revision)\n8-Nov-10\nG23\/2010\/s6\n\n16\/2006\nInformation and Communications Technology Authority\n(Amendment) Law, 2009\n12-Aug-09\nGE55\/2009\/s2\n\nInformation and Communications Technology Authority Law\n(2006 Revision)\n24-Jul-06\nG15\/2006\/s1\n\n22\/2005\nInformation and Communications Technology Authority\n(Amendment) Law, 2005\n15-Nov-05\nG23\/2005\/s7\n\nInformation and Communications Technology Authority Law\n(2004 Revision)\n26-Jul-04\nG15\/2004\/s9\n\n19\/2003\nInformation and Communications Technology Authority\n(Amendment) Law, 2003\n1-Apr-04\nGE15\/2004\/s2\n\nInformation and Communications Technology Authority Law,\n2002, (Commencement) Order, 2002\n16-May-02\nGE17\/2002\/s1\n\n4\/2002\nInformation and Communications Technology Authority Law,\n2002\n17-May-02\n(Part)\nG9\/2002\/s3\n\nENDNOTES\nInformation and CommunicationsTechnology Act (2026 Revision)\n\nPage 76\nRevised as at 31st December, 2025\nc\n\n(Price: $15.20)","akn_extracted_at":"2026-06-22 15:34:57.729955+00","cms_id":"2002-0004","law_type":"principal","year":"2002","number":"4","title":"Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"6103","expr_id":"1204","kind":"akn_xml","filename":"2002-0004_2026 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2002\/2002-0004\/2002-0004_2026 Revision.akn.xml","content_md5":"76486e309514d9ed5a50b3186ddd6cdb","byte_size":"170225","http_last_modified":null,"fetched_at":"2026-06-22 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