Legislative framework refers to the laws that govern the telecommunications sector at large. It also established the regime where it allows competition and the establishment of the Regulator. These laws were made by the Parliament of the Republic of Vanuatu for the sector at large.
As you are aware the Government of Vanuatu (GoV) recently reviewed the operations of the Vanuatu Broadcasting and Television Corporation (VBTC) and in particular the role of VBTC in regulating the broadcast industry. To facilitate this change the GoV, amended both the Broadcasting Act and the Telecommunications and Radiocommunications Regulation Act during the last session of parliament in July 2018.
This amendment created the Telecommunications, Radiocommunications and Broadcasting Regulations Act 30 2009 as amended by Amendment 22 2018. The amendment now provides for the TRBR to regulate the Telecommunications and Broadcasting industry.
The Telecommunications and Radiocommunications Regulation Act No. 30 of 2009 was enacted to give way to regulations and competitions in the telecommunications sector (“Sector”), after the government decides to end monopoly within the sector. It is an Act to establish a new regulatory framework for telecommunications, radiocommunications and for related purposes. It established the Telecommunications and Radiocommunications Regulator (“the Regulator”), its general powers and functions including other matters relating to the telecommunications sector of Vanuatu.
This is the first Telecommunications law enacted in 1989 where it gives all the powers to the Minister responsible for telecommunications to oversee the telecommunications sector of Vanuatu. It is an Act to make new provisions with respect to the operation and control of telecommunications services and for matters connected therewith for Vanuatu. Later, this Act was amended on various occasions (1993 and 2006) by the Government to reflect the trend of telecommunications within Vanuatu. All the Amendments were then consolidated in 2006, known as the “Telecommunications Act [Cap 206]. This Act is still in effect in its application.
After the Telecommunications Act was consolidated in 2006, it was further amended in 2007 and 2009 to make way for liberalization of the sector.