s.2Interpretation
2
Section 2Part 1 — Preliminary

Interpretation

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In this Act —
"administrative determinations" 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;
"administrative fee" means a fee under section 30A;
"Administrative Point of Contact" 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;
"authorised officer" means a person authorised by the Office;
"Court", other than in Schedule 2, means the Grand Court;
"critical ICT infrastructure" 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;
"document" includes an electronic document;
"electronic" means relating to technology having electrical, magnetic, optical, electromagnetic or similar capabilities, whether digital, analogue or otherwise;
"electronic agent" 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;
"emergency services" means the police, fire, ambulance and such other emergency services as may be prescribed in regulations;
"Governor" 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;
"ICT" means information and communications technology;
"ICT infrastructure" includes dark fibre;
"ICT service" 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;
"ICT network" means any network used in connection with the provision of an ICT service;
"infrastructure sharing" 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 —
"tangibles" 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
"intangibles" includes agreements, arrangements, licences, franchises, rights of way, easements and other such interests;
"interconnection" means the physical or logical connection of public ICT networks of different ICT network providers;
"internet access" 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;
"judge" means a judge of the Grand Court;
"intermediary", with respect to a message, means a person or electronic agent who in any way processes that message for another person;
"licence" means a licence granted under this Act;
"licensee" means a person to whom a licence is granted by the Authority under this Act;
"licence fee" means any of the following fees payable to the Office by an applicant or a licensee for a licence —
an application fee;
an annual fee:
a renewal fee; or
a one-time fee for each experimental licence or temporary licence;
"local programming" means sound or television broadcasting content made available in the Islands, by a licensee, without subscription, and includes things such as advertisements and announcements;
"message" 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;
"Minister" means the Minister responsible for information and communications technology (ICT);
"Office" means the Utility Regulation and Competition Office established under section 4 of the Utility Regulation and Competition Act (2024 Revision);
"originator", in relation to a message, means a person who —
originally sends a message;
instructs another to send a message that has originated from that person on that person's behalf; or
configures and enables that person's electronic agent to initiate a message on that person's behalf,
but does not include —
a person who sends a message on the instructions of another; or
a person acting as an intermediary with respect to that message;
"person" includes any corporation either aggregate or sole, any partnership or association, any undertaking, club, society or other body of one or more persons;
"personal data" means data which relate to a person who can be identified —
from that data; or
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;
"public officer" has the meaning assigned to it by section 124(1) of the Constitution;
"regulations" mean regulations made under this Act;
"subscriber", 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;
"Technical Point of Contact" 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;
"telecommunications" 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;
"type approval" means the process by which the Office authorises the importation, sale or use of relevant telecommunications equipment in the Islands; and
"universal service" means any of the categories of service specified by regulations made under section 61.
For the purposes of the definition of the words "licence fee" under subsection (1), the annual fees, where applicable, payable to the Office by a licensee are —
a radio licence fee that is payable to the Office for the authorisation —
to operate, supply, import or deal in radio communications equipment; or
to establish or operate radio stations in the Islands on Cayman Islands' registered vessels or aircraft;
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;
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's 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
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.

Defined Terms

administrative determinationsadministrative feeAdministrative Point of Contactauthorised officerCourtcritical ICT infrastructuredocumentelectronicelectronic agentemergency servicesGovernorICTICT infrastructureICT serviceICT networkinfrastructure sharinginterconnectioninternet accessjudgeintermediarylicencelicenseelicence feelocal programmingmessageMinisterOfficeoriginatorpersonpersonal datapublic officerregulationssubscriberTechnical Point of Contacttelecommunicationstype approvaluniversal service

Cross References

Referenced By